Amazon Removes Fraud Case Over Negative Reviews to Calif. Federal Court

Amazon removed a fraud case involving its policy on negative reviews from Los Angeles County Superior Court to U.S. District Court for Central California in Los Angeles, said its notice of removal Wednesday (docket 2:24-cv-00240). The Dec. 1 complaint (see 2312050014), which brings claims under the California code and Unfair Competition Law, alleges Amazon’s conditions of use governing its website and mobile app violated California Civil Code section 1670.8 by “purportedly including a provision that limits consumers’ use of Amazon’s 'trademarked brand names,'” said the notice. Plaintiff Barbara Trevino alleges visitors to Amazon’s platforms are informed they must agree to its conditions of use as a precondition to using and benefiting from the platforms, the complaint said. The “far reaching” conditions require users to agree on behalf of themselves and household members who use any service under their account, it said. The conditions stifle Californians’ right to free speech, their right to receive lawful discourse and to remain informed, the complaint said. Amazon’s conditions hyperlink to a “non-exhaustive list” of trade names that users are prohibited from commenting on, including Amazon Prime, Ring, Whole Foods, Woot and Zappos, the complaint said. Amazon’s business practice “is unlawful and is intended to unilaterally protect” its public image and “maximize commercial profits at the expense of the public’s right to make informed decisions as consumers,” it said. Trevino seeks damages, statutory damages, restitution, injunctive and declaratory relief, plus attorneys’ fees. The plaintiff seeks to represent a putative class of California residents who “visited, used, or completed transactions” in Amazon’s store and agreed to its conditions of use.