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04 December 2024

Amazon Sued For Discrimination Against D.C. Prime Members

Legal action claims slow deliveries to majority-Black neighborhoods violate consumer protections

Washington, D.C., is once again at the forefront of controversy, this time with retail giant Amazon facing legal action from the District’s attorney general. The lawsuit, filed on Wednesday, accuses Amazon of secretly stopping its fast delivery service for Prime members living within two predominantly Black ZIP codes—20019 and 20020—while continuing to collect full subscription fees for services not provided.

Attorney General Brian Schwalb filed the complaint, emphasizing the gravity of the situation for nearly 50,000 residents who have not received the expedited shipping they were promised as part of their Amazon Prime membership. "Amazon is charging tens of thousands of hard-working Ward 7 and 8 residents for expedited delivery service it promises but does not provide," Schwalb stated. He argues the company cannot simply decide one dollar from residents on one side of the Anacostia River is worth less than another from wealthier neighbors.

Prior to mid-2022, Amazon’s own delivery network ensured fast shipping across the D.C. area. The lawsuit claims the company began what it described as a "delivery exclusion" for the neighborhoods after receiving reports of specific safety concerns centered around attacks on drivers.

According to documents filed, Amazon's operational decision caused significant drops in delivery efficiency for customers within these two ZIP codes. Before Amazon made the change, data indicated more than 72% of Prime packages were delivered within two days. Post-change, this number plummeted to as low as 24%, compared to 75% delivery within two days for Prime members living elsewhere across the district. This stark disparity highlights the potential discriminatory impacts of Amazon’s policy adjustments.

The legal action follows similar investigations and complaints aimed at Amazon's treatment of its Prime subscribers. A Bloomberg report from 2016 revealed systemic issues with access to same-day delivery for minority groups, particularly Black residents who were half as likely to benefit from expedited services than their white counterparts. Although Amazon promised to rectify these issues, the recent complaint turns the spotlight back on their delivery practices.

Schwalb's lawsuit intimates Amazon has not disclosed these delivery exclusions to residents. When complaints were raised by customers experiencing slower shipping, they were reportedly misled by company representatives, who attributed the delays to natural shipping fluctuations rather than the deliberate operational changes made by Amazon.

Critics of Amazon’s practices, including complainants like Sehree Mickel, express frustration and feelings of exclusion. Mickel said feeling overlooked resonates throughout her community, pointing out the lack of resources available for residents east of the Anacostia River. “I feel like it’s a majority Black community and it’s not actually getting the services you get on the other side of the river,” she noted.

Despite the attorney general’s firm stance on the matter, Amazon disputes these allegations, asserting their primary commitment is maintaining driver safety. Steve Kelly, spokesperson for Amazon, pointed out they have continued to offer delivery through third-party services like UPS and USPS as part of their broader operation strategy for specific areas deemed unsafe for their own fleet.

He elaborated, “We want to be able to deliver as fast as we possibly can to every zip code across the country, but we must put the safety of delivery drivers first.” He also offered to collaborate with local authorities to address crime concerns affecting their operations.

This legal move isn’t Amazon’s first brush with regulatory scrutiny. The Federal Trade Commission (FTC) is currently involved with Amazon due to accusations of deceptive practices related to consumer sign-ups and cancellations for Prime memberships. The FTC's complaint, which cites use of “dark patterns” aimed at steering consumers to specific decisions, is set to be contested by Amazon in trial set for June 2025.

Adding another layer of complexity, the lawsuit also touches on the broader conversation surrounding the disparity of services rendered based on socio-economic and racial demographics. The neighborhoods impacted by Amazon’s adjustments are considered historically underserved, reinforcing the argument made by Schwalb addressing the issue of systemic inequality.

Local officials are now urging Amazon to clarify their policies and to offer equitable services to all residents, regardless of their ZIP code. The lawsuit demands the company cease what’s deemed "unfair or deceptive practices" against consumers, and seeks restitution for those affected, potentially marking another turning point for regulatory oversight of the retail giant.

The outcome of this lawsuit could have far-reaching consequences, not only for Amazon but for the space they occupy within the nuanced dynamics of consumer rights and corporate responsibility.

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