12.  The red rectangular box on which the "POPCORN" lettering is written comes as one piece  in the delivered box. There is no way for the customer to have caused the problem. There is also  no way to correct the problem. The door with the upside down lettering cannot be removed and  reinstalled, at least not without ruining the machine.   13.  The popcorn machine is purchased as a festive addition to parties and social occasions. It  is obviously not acceptable to have upside down lettering on the primary facing of the machine —  the side with the door where popcorn is removed.   14.   The amount of time and effort spent to assemble the machine is substantial. Assembly  usually takes over one hour for two persons.   15.  The assembled product cannot be returned to Amazon without further substantial work. It  is far too bulky to be shipped without being disassembled. The process of disassembling the  machine, repacking it in a box (the original box is generally destroyed in the unpacking process),  and shipping it to Amazon would take several hours. In most cases, it would not be possible to  repack and ship the defective machine.   17.  Amazon's representative confirmed that they were aware of the defect because they did  not want or need a photograph to see the defect.   18.  In disbelief, Plaintiff researched the defect and found numerous complaints from other  victims, including complaints from other Amazon purchasers.   19-A-10123-7  10/7/2019 3:16 PM  IN THE SUPERIOR COURT OF GWINNETT COUNTY  19.  For example, these are several of the many identical comments:  Allen Dunn   30.   Plaintiff incorporates all paragraphs above and below as if set forth verbatim herein.   32.   Despite knowing fell well about this defect, Amazon has not ceased marketing and selling  the product. Each day, including the day of filing this Class Action Complaint, Amazon  prominently displays the Great Northern popcorn machine with the "POPCORN" lettering with  the correct side up.   33.   Despite knowing full well that hundreds of customers will waste thousands of hours  assembling the defective product, Amazon continues to sell the product.   34.   Amazon has established a policy of not providing a refund for the defective product,  knowing that customers will then be stuck with the assembled item because the alternative of  disassembling the item, repacking it, and shipping it will only increase their harm.   35.   But for the false photographs and promises made by Amazon in accordance with  Defendant's uniform corporate practices and procedures, Plaintiff and the Class Members would  not have obtained the defective product.   37.   Plaintiff incorporates all paragraphs above and below as if set forth verbatim herein.   38.   Amazon represented to Plaintiff and the Class that the Great Northern popcorn machine  was not defective. Further, Amazon promised a full refund for defective products, a promise that  it does not keep with the Great Northern popcorn machine because it requires victims to spend  several hours of total labor in order to build, and then d.isassemble, repackage, and ship the  defective product back to Amazon before a refund will be provided. Amazon is aware that almost  no customer will go through this trauma in order to gain the refund.   39.   These misrepresentations are false because Amazon in fact knows about the defect based  on hundreds of complaints received since at least 2016. Further, Amazon knows it will not provide  refunds for the defective product in a reasonable fashion.   41.  Amazon knows that its misrepresentations are false because it in fact has been aware of the  defects for years and has established the useless refund policy as a standard business practice.   42.  Amazon intended for Plaintiff and the Class to rely upon the misrepresentation so that  Plaintiff and Class Members would make the purchase or request the item as a gift from others  despite Defendant's knowledge of the defect.   43.  Plaintiff and the Class Members were unaware of the falsity of Amazon's  misrepresentations until after they had assembled the defective popcorn machine and called for a  refund.   44.  Plaintiff and the Class Members relied upon the truth of Amazon's representations.  Plaintiff and the Class Members would not have ordered or requested the popcorn machine had  they known Amazon's representations were false.   45.  Plaintiff and the Class Members had a right to rely upon Amazon's representations.   47.   Plaintiff incorporates all paragraphs above and below as if set forth verbatim herein.   48.   Unjust enrichment requires disgorgement of the funds Amazon has improperly obtained  based on the fraudulent conduct described above.  Plaintiff, on behalf of itself and the Class, asserts a common law claim for unjust  enrichment.   50.   By means of Defendant's wrongful conduct alleged herein, Defendant knowingly engaged  in practices which harmed Plaintiff and Members of the Class and that were unfair,  unconscionable, and oppressive. Moreover, Defendant's conduct is improper and/or illegal as a  matter of law.   51.   Defendant knowingly received and retained wrongful benefits and funds from Plaintiff and  Members of the Class. In so doing, Defendant acted with conscious disregard for the rights of  Plaintiff and Members of the Class.   53.   Plaintiff and the Class Members have conferred a benefit upon Defendant in the form of  payments and assembly work.   54.   Defendant's unjust enrichment is traceable to, and resulted directly and proximately from,  the conduct alleged herein.   55.   Under the doctrine of unjust enrichment, as interpreted under Georgia law, it is inequitable  for Defendant to be permitted to retain the benefits it has received, and is still receiving, without  justification, by inducing Plaintiff and Class Members to purchase or receive the defective popcorn  machine through misrepresentations and other wrongful conduct. Defendant's retention of such  funds under circumstances making it inequitable to do so constitutes unjust enrichment.   56.   The financial benefits derived by Defendant rightfully belong to Plaintiff and Members of  the Class. Defendant should be compelled to disgorge into a common fund for the benefit of  Plaintiff and Members of the Class all wrongful or inequitable proceeds. A constructive trust  should be imposed upon all wrongful or inequitable sums received by Defendant traceable to  Plaintiff and the Members of the Class.   7.   Plaintiff received her Great Northern popcorn machine as a gift in September of 2019. The  product came in a very large box.   8.   On September 31, 2019, Plaintiff and her family opened the box and began the assembly  process. The product comes in dozens of pieces and requires substantial assembly work.  a  After over one hour of work by two persons the product was fully assembled. The product  stands nearly five feet tall and is over two feet wide in each horizontal dimension.   9.0 out of 5 starsDisappointed  September 9, 2016  Color: BlackVerified  Purchase  Just received mine looks sharp except the door to the box is upside down. The box needs to be replaced,  the cut out for electric is on the bottom, and the metal on the bottom of popper is dented by the cardboard  packing , or a really ood discount!  FRAUD   INTENTIONAL MISREPRESENTATION   UNJUST ENRICHMENT  