As reported by The Wall Street Journal, Keller Postman filed roughly 75,000 individual arbitration demands on behalf of Amazon Alexa users who had been recorded without permission. Faced with arbitrating so many individual claims at once, in May 2021, Amazon eliminated its arbitration clause, allowing consumers (for the first time) to pursue their rights in court. Keller Postman’s arbitration practice has caused the world’s largest retailer to shift away from forced arbitration—a once-unthinkable result that significantly benefits consumers.
After individual and class-action lawsuits against Amazon became permissible, Keller Postman filed a federal antitrust lawsuit against Amazon (De Coster et al. v. Amazon.com, Inc.), the very first lawsuit filed against the company since it began including an arbitration clause in contracts with consumers. Alongside the filing of this lawsuit, our firm separately filed another 50,000 individual arbitration demands for related claims.
The matters have resolved. Amazon’s move to drop its arbitration clause nationwide has restored access to the courts for over 140 million Amazon consumers. The unprecedented—and astounding—rescission by Amazon of its arbitration requirement marked a significant victory for consumers and access to justice.
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