After investigating a complaint from a B.C. customer that their Amazon order never arrived, Consumer Protection B.C. (CPBC) has ordered the e-commerce giant to pay close to $20,000 in fines, legal fees and a $511.25 refund to the customer.
In an Oct. 14 ruling, the regulator concluded that Amazon violated the B.C. Business Protection and Consumer Protection Act by failing to provide a refund for the apparent missing package.
Amazon said it delivered the package to “someone” at the customer’s home, but CPBC said the package “must be provided directly to the consumer.”
“It is not good enough for an online retailer to simply drop packages at the door or hand them to another person if the consumer has not agreed to this,” said Louise Hartland, CPBC spokesperson in a statement.
“This kind of delivery may be allowed, but only with the customer’s understanding and consent.”
Case of ‘return abuse’?
The case raises questions about who is responsible 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 the front porch. Typically, customers report the cases to police who investigate.
But, in this case, the customer both filed a police report and a complaint with CPBC.
According to the decision, on Aug. 29, 2024 the customer ordered a portable dual display for computers and portable digital data storage unit for $582.75 total.
That same day, Amazon informed the customer by text that the package had been “handed to resident.”
The customer then contacted Amazon and claimed that neither they nor their roommates had 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 undershirt, violates the country’s advertising code, ads on Amazon’s Canadian website still feature the term. Some women’s rights advocates are frustrated because they say the term trivializes domestic violence.
According to CPBC, Amazon told the regulator that it denied the refund because of suspicions of “return abuse.” The company alleged the customer had claimed refunds for three previous orders in the past year, each time claiming non-delivery.
Amazon also said it had evidence that the customer’s current order had been successfully delivered. However, the retailer had no photographic evidence.
In the ruling, CPBC stated that the onus was on Amazon to prove delivery to the customer. Amazon countered that it presumes a person at the residence who accepts the package is authorized to do so.
That argument wasn’t good enough for CPBC.
The regulator ordered Amazon to pay $10,000 in fines, $9,369.00 in legal fees and a customer refund of $511.25. The customers’ order totalled $582.75, but CPBC subtracted $71.48 from the amount which was paid for by credit card.
Canada has separate regulations in place for unauthorized credit card transactions.
Amazon has 30 days to appeal the decision. CBC News has reached out to the company for comment but did not receive an immediate response.
