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SC couple files suit against Amazon over eclipse glasses

31 August 2017

They are filing on behalf of others who are in similar situations, the lawsuit said.

Amazon.com (AMZN) is facing a class-action lawsuit from a couple who says the e-commerce giant sold them glasses to view the recent solar eclipse that they claim were defective and damaged their vision. A few more days after the fact, they developed vision impairment, which included blurriness and distorted vision, their lawsuit said in court documents.

"(The) Defendant knew or should have known the eclipse glasses were defective in design and/or manufacturing, were not fit for their intended and ordinary use, were not merchantable, and failed to perform in accordance with the advertisements, marketing materials and warranties disseminated by (the) defendant, or with the reasonable expectations of ordinary consumers such as (the) plaintiffs and the proposed class", the suit alleges. The couple looked at the eclipse, relying on a three-pack of glasses they bought on Amazon in early August.

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Payne and Harris did not receive notice of the recall. Commercially available sunglasses, even with darkest and polarized lenses, do not meet ISO 12312-2 requirements and are not safe for viewing solar eclipses, according to the plaintiffs' complaint.

The couple claims they were not notified about the recall.

Amazon began to email customers beginning on August 10 to issue a recall of potentially hazardous solar eclipse glasses that it was not able to verify having been manufactured by reputable companies.

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The popularity of the event had caused a rush of orders for the glasses, and the online retailer was overrun by bogus knockoffs that didn't offer the required safety features to offset the permanent eye damage that occurs from staring at the sun during an eclipse.

Amazon has not responded to a request for comment.

After the eclipse, however, Payne and Harris, "reported experiencing headaches and eye-watering later that day". Pleasant, S.C., law firm, is representing the plaintiffs.

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SC couple files suit against Amazon over eclipse glasses