<b>Amazon & sellers being sued over defectivefake solar eclipse glasses</b>


#13

amazon llc is not reponsible for any damages arising from any item sold by 3p merchants, only the 3p seller is liable

amazon is a marketplace, the same as ebay and just how ebay is not responsible for any damages arising form any of it’s sellers

good luck suing some 3p seller based in China

this is the sole reason amazon should not, and should never have allowed China based sellers to sell on a USA based .com website

amazon should be ashamed it allows Chinese sellers


#14

A lawyer friend explained it to me this way.

Someone goes to Wal-Mart and buys a bike. They bring the bike home and put it under the Christmas tree. Kid wakes up and finds his new bike and goes for a ride. He’s riding down the street, down the hill towards an intersection. He goes to stop and the brakes don’t work.

Lawyer sues Wal-Mart. Wal-Mart may or may not bring in other parties to the lawsuit, which he actually likes, because then Wal-Mart and the bike assembler, the parts manufacturers, etc. are all pointing fingers at each other while his client, the victim, the boy, sits back in agony from being hit by a truck at the young age of 9.

If you sell it, be prepared to defend any claims. The way to do that is to require your vendors to have insurance.

I’m sure Amazon has some 8,000 page Terms of Service that says they’re not liable for defective products, but the lawyers will tear that up too.

Lawyers do what benefits lawyers. Do you think this is going class action status because the lawyer cares so much about all the people harmed by the defective glasses? Or do you think it’s because it can result in the lawyer having a major windfall in a settlement?


#15

I couldn’t figure out why anyone would risk their vision on a pair of paper glasses with plastic lenses sold for a buck. But then there are many human behaviors I can’t figure out.

bunga bunga!


#16

Just a handful from one current (somehow) seller:

+Demand exceeded supply, items did not arrive and I had to contact company and they indicated they could not meet the demand. I reordered form another company Then I received substitute from original company.+

+The eclipse glasses I received were not what was advertised. 15 of the 20 pair of glasses I received were “Made in China”–not by American Optic Co. as advertised. I cannot use them. I had contacted Amazon about this issue last week and was told XXXXX would contact me but I have not heard from them. I am a Prime Member and am not happy about this.+

+I placed an order on July 25 and the estimated arrival date was Aug 3. Nothing happened except a generated shipping label so I contacted the seller on Aug 13 for a promise that the item would arrive in time, which they did give. But they did not even ship the glasses on Aug 21, when the solar eclipse happened. They should have told me earlier instead of giving false promise.+

+I ordered these several weeks before I needed them and was given an estimated ship date. They immediately generated a shipping label causing me to get a its shipped status, but nothing ever came…weeks go by and no communication from the company…I contact them and was told …we have no intention of ever shipping your order because we dont have any so just cancel the order. Horrible+

+I ordered early before the eclipse. This seller was completely dishonest in his interaction with me. He created a tracking number for items that he never had in stock, but said he shipped! When I asked about my order several weeks later, he wrote, “Since we have yet to receive glasses that we can send to you, what would you like us to do?” The vendor lied that he sent me items he never had.+


#17

One of my competitors was selling these. American Paper Optics was their ISO approved source…he oversold and was printing shipping labels hoping the next batch would arrive but never did according to many recent reviews. Then he started substituting Chinese glasses on the same listing for ISO-approved glasses, also according to at least one review! Still not suspended…lol


#18

I bought American Paper Optics viewers from our local Lowe’s. They worked just fine and we have had no ill effects. They cost $2 a pair.

I think it’s unfortunate that the article mentions this company. It is a reputable manufacturer of safe eclipse viewers, according to the American Astronomical Society.


#19

I wonder what the return rate on these were given you have 30 days to return items for any reason. I have to imagine many people bought these knowing they would just send them back for a refund


#20

That was on the new here last night they are expecting this to be a big one as thousands of people effected nationally


#21

I’ll load another one to figure out on you. Check out the search results when you do the Google:

“sunscreen eyes eclipse”


#22

Yes, I had seen those stories; hilarious. People are amazing. But then ever since I read about the lady who fixed her teeth with Bondo I have sort of given up making the extra effort to comprehend the depths of human stupidity, and retreated to my normal position of being annoyed by it.

bunga bunga!


#23

You forgot:

“Magic Post-Eclipse Eye Repair Kit” (featuring plutonium-based liquid drops and baby-proof plastic contacts, and manufactured by Optical Factory #487 in Liaoning Province, available for $13.99)


#24

3rd party sellers absolutely should have liability insurance but in this case, the typical 1 million won’t come close to covering this fiasco.

If someone wants to sell risky stuff like this they really need to setup a legitimate business.


#25

They probably didn’t name them in the suite as they already determined the glasses were fakes.


#26

Bottom line is South Carolina is a +Bad Place+ for Amazon to get sued. There is every likelihood that a class action lawsuit will be approved there.

Amazon might win in the end but it will cost them enough to +Maybe+ just maybe take a look at how many sellers of counterfeits they are allowing and helping.

Now days there are records of all container shipments coming into the US available for search. If there is a situation with a Chinese seller where:

Amazon recruited them to sell in the US
Amazon shipped their goods to the US for them
Amazon stocked those goods in Amazon warehouses
Amazon Advertised those goods to a US customer
Amazon shipped those goods to a US customer who was injured by them

If Amazon goes before a JURY in most of the USA, I don’t see them getting away with this anymore. It is one thing if I send in goods that Amazon has no control over and they ship them to a customer. It’s a whole new ball game if Amazon comes to me and asks for my goods.


#27

One data point:

I ordered 10 glasses from a 3P FBA seller, advertised as made by American Paper Optics, one of the reputable manufacturers. But when I got them, they didn’t look quite right; they said “American Paper Optics”, and had the ISO and other certifications printed on them.

I ended up in contact with the president of APO, and confirmed that the glasses I had were counterfeit. They took the information from me as to the seller that I bought them from; I don’t know what happened afterward.

So no, there were not “warning labels” attached to the fake glasses, just as there are no warning labels attached to the real ones.

As for the comment “who would trust their vision to a dollar pair of glasses”, considering that the safest ones in the world can be had for around that price, why not? I ended up buying from Astronomers Without Borders for $2.50, including shipping, but that’s a charity, so that’s part of the pricing. And they work just as well as my research grade camera filters.

IMO, the sellers of the fake glasses deserve whatever punishment they get. But it wasn’t Amazon that sold them.


#28

Why do you say that? The case is in federal court. The federal judge in South Carolina will follow the same case law as every other judge in the Fourth Circuit must follow – and the Fourth Circuit is not known for being liberal on such issues as class action jurisdiction.

Southern juries are known for bigger verdicts against Northern companies, but when was the last time a class action case went to a jury? I’m sure it happens, but usually there is a settlement long before trial.


#29

Why not both? win-win.


#30

I agree. I also ordered and upon receipt, noticed there was NO ISO on the glasses so I immediately (that day) returned them and ordered directly from American Paper Optics.

I also notified amazon and did a review to be careful

The eclipse was amazing. I felt confident that I made the right choice.

I tried to share in my community the warnings that there were counterfeit glasses out there.

I cannot imagine the number of people who did not bother to check across the country.

The seller will be (should be) holding the bag on this. and I agree - my liability is $1.5million - it would not have dented the bucket. I am pretty sure Amazon is covered…

I am cynical about people who may have sold fakes and also cynical about the stupidity of the buying public that they would have an interest in a rare phenomenon yet not understand the risks involved… I suspect some may have deliberately hurt themselves to get a payout. :frowning:

I am hopeful that our venue, Amazon, learns from this and figures out a way to get the scammers off the site.

I am also hopeful that if they are not vetting the liability insurance clause, they will in future.


#31

>As for the comment “who would trust their vision to a dollar pair of glasses”, considering that the safest ones in the world can be had for around that price, why not?

bunga bunga!


#32

Did the Plaintiffs Look Through the Glasses or just hold them in front of their face while looking at the Sun? You cant look @ the Sun and Then Through the Glasses…

A lab could prove if Glasses were defective you don’t need to take Plainiffs word for it.

You don’t need glasses when eclipse is total

In Product Liability cases you Sue Everyone Down The Chain of Custody and Let Them figure out who pays what share of damages…