All, here is the initial e-mail from the prospective client. Please let me know what you think. It is definitely intriguing. I have not undertaken any type of research but if there is an action here no doubt it is happening to thousands of people. Could be a nice amount of class action fees!!! Mark ____________________________________________________________________________ __ This electronic mail (e-mail) transmission is meant solely for the person(s) to whom it is addressed. It contains confidential information that may also be legally privileged. Any copying, dissemination or distribution of the contents of this e-mail by anyone other than the addressee or his or her agent for such purposes is strictly prohibited. If you have received this e-mail in error, please notify me immediately by telephone, facsimile or e-mail and purge the original and all copies thereof. Thank you. Mark S. Zaid, Esq. Mark S. Zaid, P.C. 1250 Connecticut Avenue, N.W. Suite 200 Washington, D.C. 20036 (202) 454-2809 direct (202) 330-5610 fax www.MarkZaid.com -----Original Message----- From: Erik Snyder [mailto:erik_snyder@wowway.com] Sent: Thursday, September 30, 2010 8:20 PM To: Mark S. Zaid Subject: Amazon class Mark, I'm going to have to go back through my backups in order to locate older items, but I've attached a bunch of pdfs which include e-mails and pages from the site. The link to their pre-order price guarantee is: <http://www.amazon.com/gp/help/customer/display.html?ie=UTF8&nodeId=468502> . The pertinent part is the following: "Pre-Order Price Guarantee Amazon.com's price for not-yet-released items sometimes changes between the time the item is listed for sale and the time it is released and shipped. Whenever you pre-order a book, CD, video, DVD, video game, or software item, the price we charge when we ship it to you will be the lowest price offered by Amazon.com between the time you place your order and the release date. The order summary in Your Account will reflect the lowest price within 24 hours of the price change. Our Pre-Order Price Guarantee applies only to items sold by Amazon.com, and not to items (or prices) offered by other sellers on our site. If your order enters the shipping process before the release date and the price is lowered on the release date, we will automatically refund your credit card for the difference between the price you were charged and the release-date price. If you didn't use a credit card to pay for your order, please contact customer service through the Contact Us button on the right side of any Help page." (not exactly) Quick explanation: I pre-ordered the video game "Dead Rising 2" on 3/9/2010. I placed the order when the game was at $56.99 and I had a $10 promotion applied to the order due to a previous game purchase so my total to be charged was $46.99. I paid in advance with gift certificates. Sometime prior to 8/23/2010 the price on the item went down to $47.99, which was reflected in my "Order Summary" page where my "Order Total" on the page said the my balance for the order was $-9.00, a total of $37.99 with money due back to me. By 8/23/2010 the price had gone up to $59.99, but my "Order Summary" page reflected the $56.99 price that I had placed the order at. On 8/23/2010 I sent a request via e-mail to Amazon pointing out the problem, which they replied to and stated that they would adjust the price back to the correct "lowest" $47.99 amount. They did so. Then it went back up again the following day. I called them on the phone and spoke to Bruce in Spokane, WA. He adjusted the price again back to $47.99 and said he knew it wouldn't go back up and that he would call me on the expected release date (9/28/2010 at the time). By 8/28/2010, the price went back up on it's own again. I e-mailed again and had another representative reduce it again. 09/3/2010 another e-mail and this time the representative said I should just wait as the price would probably just go up again. When the game shipped on 9/27/2010 my account was charged $56.99 less the $10 promo, totaling $56.99. Bruce called me on 9/28/2010 and refunded the $9.00 to my account. This is one of many examples I have run into with Amazon. I hope that this helps. I have at least one, if not two other current pre-orders that have the same thing going on. I know that there have been many other examples of the same thing happening to me. I have to dig through my backed up e-mail to get them, if they're there. Let me know what you think and if there's anything else you need from me. Thanks, Erik Snyder
Attachment:
DeadRising2PreOrder03092010.pdf
Description: Adobe PDF document
Attachment:
Refund on order 103-9413145-3177806__09292010RefundExplanation.pdf
Description: Adobe PDF document
Attachment:
Amazon.com - Order 103-8143831-3140255.pdf
Description: Adobe PDF document
Attachment:
Your Amazon.com Order #103-9413145-3177806__08242010.pdf
Description: Adobe PDF document
Attachment:
Your Amazon.com Order #103-9413145-3177806__08242010Bruce.pdf
Description: Adobe PDF document
Attachment:
Your Amazon.com Order #103-9413145-3177806__08282010.pdf
Description: Adobe PDF document
Attachment:
Your Amazon.com Order #103-9413145-3177806__09032010.pdf
Description: Adobe PDF document
Attachment:
Your Amazon.com Order #103-9413145-3177806__09032010Suggestion.pdf
Description: Adobe PDF document
Attachment:
Your Amazon.com Order #103-9413145-3177806__09282010Refund.pdf
Description: Adobe PDF document
Attachment:
Your Amazon.com order has shipped (#103-9413145-3177806)__09272010.pdf
Description: Adobe PDF document