Amazon sued for secretly excluding two Washington neighborhoods from expedited delivery, DC's attorney general claims

Online shoppers spent a record $13.3 billion on Cyber Monday – almost $16 million per minute Monday night, according to Adobe Analytics – but for residents of two D.C. ZIP codes, delivery of those purchases may not be as fast as it should be if they used Amazon Prime, according to the D.C. attorney general.

Amazon Prime customer and Southeast D.C. resident Sere Mickel said she isn’t getting the speedy shipping she pays for, so D.C. Attorney General Brian Schwalb filed suit to get her and her neighbors a better deal. 

The attorney general alleges that since 2022, Amazon has secretly excluded two D.C. ZIP codes, 20019 and 20020, from expedited delivery – that same-day, one- or two-day delivery option shoppers often see on Amazon Prime.

“If I pay for something, I should be treated fairly no matter what my ZIP code is, no matter what my area is,” Mickel said. “I want what I pay for."

Mickel showed the News4 I-Team some of the many items she’s bought on Amazon: a wind chime, rocking chairs, a pillow, a welcome sign, a Ring camera. She’s a really good Amazon shopper.

"I got my door on Amazon," she said.

Mickel said she's been a Prime member for years, paying $139 per year for the membership program that offers free e-books and hours of shows and movies to stream, but the one benefit Amazon lists first is free two-day delivery.

“Millions of items delivered fast and free,” Mickel said. “That's not happening. Not to this ZIP code, anyway."

A few years ago, she noticed none of those Amazon trucks ever came to her Benning Ridge neighborhood, and it was taking longer than two days to get her purchases.

She said she tested Amazon, buying three copies of the same book. One sent to Arlington, Virginia, arrived the same day. One sent to Upper Marlboro, Maryland, arrived the next morning. It took three or four days to reach her home, she said. 

Amazon told her they were using the postal service to deliver to her neighborhood, Mickel said.

“Why are you sending my packages at this particular ZIP code through USPS and not giving me my Prime service that I pay for?" she questioned.

She complained to the D.C. attorney general in 2022. Now, that office has filed a lawsuit against Amazon.

The ZIP codes in the lawsuit cover large swaths of Wards 7 and 8. About 90% of residents in those ZIP codes are Black or African American, according to data from the 2020 Census. 

The lawsuit demands Amazon stop what the attorney general calls Amazon’s unfair and deceptive practices, along with paying restitution and damages to the 48,000 customers like Mickel in those two ZIP codes, along with penalties to the District.

Here's how Amazon responded

Amazon says the attorney general’s claims about “discriminatory or deceptive” practices are “categorically false.” Amazon said it changed some operations in those ZIP codes to protect drivers. The company also said it’s transparent with customers about delivery times during checkout.

“In the zip codes in question, there have been specific and targeted acts against drivers delivering Amazon packages,” an Amazon spokesperson said. “We made the deliberate choice to adjust our operations, including delivery routes and times, for the sole reason of protecting the safety of drivers. And we’re always transparent with customers during the shopping journey and checkout process about when, exactly, they can expect their orders to arrive.”

Police districts 6 and 7, which cover ZIP codes 20019 and 20020, do report a higher level of violent crimes than the District overall, according to D.C. police data.

Amazon said it has offered to “work together with the Attorney General and their office in an effort to reduce crime and improve safety in these areas.”

An Amazon delivery van was carjacked near one of the ZIP codes in 2023. On Sunday, a driver in an Amazon delivery vehicle was carjacked at gunpoint in the 2300 block of Tunlaw Road NW, blocks from the vice president’s official residence and miles from the affected ZIP codes.

D.C.'s attorney general says more than 72% of packages are delivered within two days District-wide, but in those two ZIP codes, it is 25% or less.

Mickel showed the I-Team her full Amazon shopping cart.

“I have toothbrushes, things,” Mickel said. “A humidifier, a comfort gift for a friend…"

She hasn't given up on the company. She just wants the giant retailer to pay attention to one great customer in her small corner of D.C. and thousands of neighbors just like her.

“I take it personally when my little ZIP code, my little piece of the pie, is left out,” she said. “But you want my money to keep it going."

Mickel said Walmart and Target both deliver faster to her. If the lawsuit doesn't bring change, she might change the way she shops.

Here’s Amazon’s full response to the lawsuit: "The claims made by the Attorney General, that our business practices are somehow discriminatory or deceptive, are categorically false. We want to be able to deliver as fast as we possibly can to every zip code across the country, however, at the same time we must put the safety of delivery drivers first. In the zip codes in question, there have been specific and targeted acts against drivers delivering Amazon packages. We made the deliberate choice to adjust our operations, including delivery routes and times, for the sole reason of protecting the safety of drivers. And we’re always transparent with customers during the shopping journey and checkout process about when, exactly, they can expect their orders to arrive. What we’d like to do, and have offered, is to work together with the Attorney General and their office in an effort to reduce crime and improve safety in these areas. Nevertheless, we will proceed in the process and demonstrate that providing fast and accurate delivery times and prioritizing the safety of customers and delivery partners are not mutually exclusive."