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FTC Sues Amazon Over Prime Subscription Model

The Federal Trade Commission filed a lawsuit, Wednesday, alleging that Amazon has enrolled consumers in its Prime program without their consent and has made it difficult for them to cancel their Prime subscriptions.

In the complaint, the FTC points to “manipulative, coercive, or deceptive user-interface designs,” and “dark patterns” to trick consumers into enrolling in automatically renewing subscriptions.

The FTC also stated that Amazon knowingly complicated the cancellation process for Prime subscribers who sought to end their membership. It said that Amazon leadership slowed or rejected changes that would’ve streamlined the Prime cancellation process because the modifications jeopardized Amazon’s bottom line.

“Amazon tricked and trapped people into recurring subscriptions without their consent, not only frustrating users but also costing them significant money,” said Lina M. Khan, FTC chair, in a statement. “These manipulative tactics harm consumers and law-abiding businesses alike. The FTC will continue to vigorously protect Americans from 'dark patterns' and other unfair or deceptive practices in digital markets.”

Amazon said that the suit was filed without having been notified by the FTC.

"The truth is that customers love Prime, and by design we make it clear and simple for customers to both sign up for or cancel their Prime membership," said Amazon in a statement. “[It’s] concerning that the FTC announced this lawsuit without notice to us, in the midst of our discussions with FTC staff members to ensure they understand the facts, context, and legal issues, and before we were able to have a dialog with the commissioners themselves."

The Commission vote authorizing the staff to file the complaint was a unanimous 3-0. The complaint was filed in the U.S. District Court for the Western District of Washington.

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