A Chicago woman who claims Amazon continued to draw payments
from her bank account for an Amazon Prime membership she says she didn’t even
purchase has filed a class action suit against the online retailer.
On Feb. 20, plaintiff Latoya Christmas filed a complaint in
Chicago federal court against Seattle-based Amazon, alleging the retailer
violated the federal Electronic Funds Transfer Act and Illinois’ consumer fraud
law for allegedly refusing to stop taking the money after she demanded they
Christmas is represented in the putative class action by
attorneys Todd M. Friedman and David B. Levin, of the Law Offices of Todd M.
Friedman P.C., of Chicago.
According to the complaint, Christmas discovered in
September 2016 that Amazon had withdrawn $99 from her bank account, using her
debit card information for a one-year Amazon Prime membership.
Christmas alleged someone else had used her debit card
information to purchase the membership, without her authorization.
The complaint said Christmas contacted Amazon and demanded
they refund the money and cancel the membership. She alleged Amazon agreed to
However, the lawsuit said Amazon again deducted $99 from her
account on Sept. 30, and has yet to refund the money.
In her complaint, Christmas alleges Amazon has likely done
this to others who were charged for Amazon Prime memberships they did not wish
The complaint did not estimate how many people they believe
may fit in the potential class of additional plaintiffs. But the plaintiffs said
they believed those answers could be obtained in discovery against Amazon.
In the lawsuit, the plaintiffs asked the court to include
anyone in the U.S. “whose bank accounts were debited by (Amazon) after
defendants received a cancellation request for their memberships” within the
The lawsuit also asks the court to include a special
sub-class of Illinois residents who were allegedly wrongly charged for Amazon
Prime within the past three years.
The plaintiffs are asking the court to order Amazon to pay
actual damages and statutory damages of $1,000 per alleged violation, plus punitive
damages and attorney fees.