After investigating a British Columbia customer's complaint that their Amazon order was never delivered, Consumer Protection of British Columbia (CPBC) ordered the e-commerce giant to pay approximately $20,000 in fines, legal fees and refund the customer's $511.25.
In an Oct. 14 ruling, the regulator concluded that Amazon violated the British Columbia Business and Consumer Protection Act by failing to provide a refund for an apparently missing package.
Amazon said it delivered the package to “someone” at the customer's home, but CPBC said the package “must be delivered directly to the consumer.”
“It's not enough for an online retailer to simply drop off packages at the door or hand them over to someone else unless the consumer has agreed to do so,” said Louise Hartland, a spokeswoman for CPBC. in the statement.
“This type of delivery may be permitted, but only with the understanding and consent of the client.”
A case of “relapsing abuse”?
The case raises questions about who will be held accountable if delivered packages go missing.
Numerous Amazon customers have complained that their orders were stolen by “porch pirates” after delivery drivers left their packages on their porches. Typically, clients report cases to the police who is investigating.
But in this case, the client filed a police report and a complaint to CPBC.
According to the decision, on August 29, 2024, the customer ordered a portable dual computer display and a portable digital storage device for a total cost of $582.75.
That same day, Amazon notified the customer via text message that the package had been “transferred to a resident.”
The customer then contacted Amazon and stated that neither he nor their roommates received it and requested a refund.
Despite a ruling by Ad Standards Canada that the term “wife beater” used to describe a type of men's tank top violates the country's advertising code, advertisements on Amazon's Canadian website continue to use the term. Some women's rights advocates are frustrated because they say the term trivializes domestic violence.
According to CPBC, Amazon told regulators it rejected the refund due to suspicions of “return abuse.” The company claims the customer sought refunds for three previous orders last year, alleging non-delivery each time.
Amazon also said it has evidence that the customer's current order was successfully delivered. However, the seller did not have any photographic evidence.
In the ruling, CPBC said it was Amazon's responsibility to prove delivery to the buyer. Amazon countered that it assumed the person who accepted the package had the right to do so.
This argument was not convincing enough for CPBC.
The regulator ordered Amazon to pay $10,000 in fines, $9,369 in legal fees and reimbursement of $511.25 to the customer. The customers' order amount was $582.75, but CPBC deducted $71.48 from the credit card amount.
Canada has separate rules for unauthorized credit card transactions.
Amazon has 30 days to appeal the decision. Amazon told CBC News it is reviewing the decision and has no immediate comment.
