In the suit, Amazon argues that the company should not have legal responsibility to recall and remedy consumers for unsafe products sold on its marketplace by third-party sellers. Amazon claims that it is just an intermediary and logistics provider for third-party sales, similar to a delivery service, not a distributor or retailer that has a legal responsibility to carry out recalls. The CPSC ordered Amazon to recall more than 400,000 unsafe products in July 2024, after more than three years of adjudication.
They’re right! They shouldn’t be responsible for products sold by third parties. If I go to Walmart and buy something, I shouldn’t be allowed to seek remedy from Amazon.
However, Amazon Marketplace is run by Amazon. If I buy something from Amazon (receipt is from Amazon) and it’s delivered by Amazon, I sure expect Amazon to remedy any issues, and I expect them to go up the chain to their marketplace suppliers seeking remedy too.
Can’t because they’re not in the same country? Then don’t let them sell stuff on your marketplace.
I don’t disagree but there is a point that should be considered: Amazon probably get a percentage from the sell, so it earn money even from third parties.
Now, I don’t think that Amazon has any responsability about recalling or any other remedy options, but they should at least forced to put a warning on the product page saying that the product is recalled or whatever it is. Even only sending a e-mail to every buyer is good (and Amazon obviously know who buy a product), then it is the buyer that will decide what to do.
This is like Uber saying they’re not subject to taxi regulations because something something “on the web.” Yet they are functionally the same as a taxi service, except for their predatory surge pricing algorithm (which regular taxi firms do now too-- thanks a lot, Uberrhoids).