Uncovering Amazon's Unconscionable Business Practices

COUNT XIV: VIOLATION OF THE NEW JERSEY CFA BY DEFENDANT (UNCONSCIONABLE COMMERCIAL PRACTICES BY DEFENDANT)

508. Plaintiff State of New Jersey repeats and realleges and incorporates by reference each and every preceding paragraph and allegation of this Complaint as if fully set forth herein.

509. The CFA, N.J.S.A. 56:8-2, prohibits:

The act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid, whether or not any person has in fact been misled, deceived or damaged thereby . . . .

510. The CFA defines “sale” as including “any sale, rental or distribution, offer for sale, rental or distribution or attempt directly or indirectly to sell, rent or distribute . . . .” N.J.S.A. 56:8-1(e).

511. The CFA defines “merchandise” as “any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale.” N.J.S.A. 56:8-1(c).

512. At all relevant times, Amazon has engaged in the advertisement, offer for sale, and sale of merchandise within the meaning of N.J.S.A. 56:8-1(c).

513. In the operation of its businesses, Amazon engaged in unconscionable commercial practices and deception, and made misrepresentations, in violation of N.J.S.A. 56:8- 2, including, but not limited to, the following:

(a) Raising, maintaining and stabilizing the prices of products in its online superstore market at artificially high levels;

(b) Representing that it “seek[s] to be the Earth’s most customer-centric company” and creating and perpetuating a reputation for having low or the lowest prices, (redacted) to the detriment of consumers and for reasons unrelated to cost, supply, and demand; and (c) Depriving consumers of diversity of selection and free and open markets.

514. Each unconscionable commercial practice, misrepresentation, and act of deception constitutes a separate violation under the CFA, N.J.S.A. 56:8-2.

515. Plaintiff State of New Jersey seeks all remedies available under the CFA, N.J.S.A. 56:8-1 to -227, including, without limitation, the following:

(a) Injunctive and other equitable relief, pursuant to N.J.S.A. 56:8-8;

(b) Costs and attorney’s fees, pursuant to N.J.S.A. 56:8-11 and N.J.S.A. 56:8-19; and

(c) Other remedies as the Court may deem appropriate and the interests of justice may require.