Amazon Faces Trial Over Prime Subscription Tactics

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FTC accuses Amazon of deceptive practices to boost Prime signups

Amazon is now defending itself in federal court against allegations that it misled millions of customers into enrolling in Prime memberships and obstructed their cancellation efforts. The lawsuit, filed by the Federal Trade Commission (FTC) in June 2023, alleges that Amazon used “dark patterns” to boost its subscription numbers in violation of consumer protection laws.

The trial, underway in Seattle, is expected to last about a month. It marks a pivotal moment in the FTC’s broader campaign against deceptive online tactics. Jury selection began Monday, with opening arguments scheduled for Tuesday. At the center of the case is Amazon Prime — a $139-per-year service launched in 2005, now used by over 200 million global members.

Amazon executives under scrutiny

The FTC has named several senior Amazon executives in the case, including Jamil Ghani, head of Prime, and Neil Lindsay, now in the health division but previously overseeing Prime operations. The court ruled that both could be held personally liable due to their oversight roles. Judge John Chun also rebuked Amazon for withholding documents, including a 2020 email describing some subscription tactics as “shady.”

In a recent ruling, Chun said Amazon and its executives violated the Restore Online Shoppers’ Confidence Act by collecting billing data before disclosing Prime’s terms. One internal nickname for the cancellation process, “Iliad,” suggested the company was aware of the deliberately complex system, which required users to navigate four pages and 15 options.

Amazon denies wrongdoing, cites customer satisfaction

Amazon insists its Prime enrollment and cancellation process is straightforward, with spokesperson Maxine Tagay stating, “We remain confident that the facts will show these executives acted properly and we always put customers first.” The company argues that occasional customer confusion is not proof of a systemic problem, especially for such a widely used service.

However, the FTC claims Amazon ignored internal warnings about the difficulty of canceling Prime and deliberately avoided fixing these issues to prevent subscription losses. In court filings, the agency cited employee descriptions of the process as an “unspoken cancer.”

Part of a wider FTC crackdown on dark patterns

This trial is part of the FTC’s broader enforcement push against “dark patterns” — design tactics that manipulate users into purchases or sharing personal data. Since 2022, the agency has taken action against several tech companies. Earlier this year, it sued Uber over cancellation obstacles in its Uber One service and reached settlements with Match and Chegg over similar complaints.

Amazon is also facing a separate antitrust lawsuit from the FTC, set for trial in 2027, that accuses the company of operating an illegal monopoly.

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