The plaintiff couple suing Amazon.com Services LLC and Amazon Digital Services LLC over the company’s mesh network, “Sidewalk,” have asked for leave to file an amended complaint. The request comes after Judge Barbara J. Rothstein dismissed the consumer class action for failure to state a claim last month.
As previously reported, the couple alleged that Amazon’s Echo smart speakers sap their internet bandwidth without permission in order to facilitate Sidewalk. The class action sought to represent Sidewalk-enabled device owners who did not consent to Amazon’s usage of their internet under the theory that they were harmed by lost value of their personal internet bandwidth, time spent learning about and disabling the Sidewalk function, and data overage charges. The complaint stated consumer protection claims, a Theft of Telecommunications Services claim, and an unjust enrichment claim.
Amazon countered that the plaintiffs wrongly attacked an optional, community-sharing technology that does consumers no harm. The court’s dismissal order found the pleading deficient in multiple respects, including that the couple failed to plead injury.
Now, the plaintiffs seek to refile the lawsuit. Their seven-page motion requesting leave to amend, with the proposed complaint included as an exhibit, argues that the new filing makes multiple amendments addressing the previously cited deficiencies.
For example, the plaintiffs now claim to plead that Sidewalk connected to and shared bandwidth through the plaintiffs’ Echo device, that they have a limited data plan, and that Amazon received a benefit from Sidewalk at the expense of the plaintiffs and was unjustly enriched. In support, they contend that the dismissal opinion did not find the plaintiffs’ claims foreclosed as a matter of law, that amendment would be futile, or that Amazon would be prejudiced by an amendment.
As such, and in line with the policy that federal courts “‘liberally allow a party to amend its pleading,’” the plaintiffs request permission to refile. They are represented by Tousley Brain Stephens PLLC, The Brad Sohn Law Firm PLLC, and LippSmith LLP.
Amazon is represented by Fenwick & West LLP.