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Amazon faces FTC in trial over claims it tricked millions into Prime subscriptions

The U.S. Federal Trade Commission (FTC) opened its case against Amazon on Tuesday, accusing the company of deliberately making it difficult for customers to avoid or cancel Prime subscriptions, prioritizing revenue growth over consumer choice.

FTC’s case:

FTC attorney Jonathan Cohen told jurors that Amazon knowingly enrolled millions of people in Prime without clear consent, using deceptive sign-up practices and “dark patterns” in its cancellation system. “More members, more money,” Cohen said, arguing Amazon refused to simplify processes because it feared sign-ups would fall.

The agency says Amazon’s practices violated the Restore Online Shoppers’ Confidence Act (ROSCA), pointing to the so-called “Iliad flow” — a cancellation process requiring up to seven clicks to end a membership, despite misleading prompts suggesting the process was already complete. An FTC expert estimated 40 million customers were signed up without consent.

Prime subscriptions cost $14.99 per month, covering free expedited shipping and access to streaming and other perks. For some households, Cohen noted, that monthly charge meant “grocery money, gas, or the last bit to make rent.”

Amazon’s defense:

Amazon attorney Moez Kaba rejected the FTC’s claims, insisting the company clearly disclosed terms and made canceling straightforward. He accused regulators of cherry-picking evidence and misinterpreting internal documents. Kaba argued ROSCA’s requirements remain vague and compliance “shouldn’t feel like Goldilocks” guessing the right level of disclosure.

Broader crackdown:

The trial is part of a bipartisan push against “subscription traps” and hidden fees. The FTC also sued Uber and LA Fitness this year over similar cancellation hurdles. The case began during Trump’s presidency and advanced under Biden, showing rare regulatory continuity across administrations.

Stakes:

  • Damages: Potentially hundreds of millions of dollars plus fines of up to $53,000 per violation.

  • Reputation: A conviction could tarnish Amazon’s customer-first image.

  • Executives: Three senior executives, including Jamil Ghani, face personal liability after a judge ruled they could be held accountable for violations.

The trial is expected to last about a month, with testimony from customers and current and former Amazon staff. The outcome could set a precedent for how aggressively regulators can police dark patterns and subscription practices across the digital economy.

FTC Withdraws Request for Delay in Amazon Trial, No Longer Cites Resource Shortages

The U.S. Federal Trade Commission (FTC) has reversed its earlier request to delay the upcoming September trial against Amazon. The agency’s statement, which was issued on Wednesday, clarified that it no longer faces the resource constraints it had initially cited, which had prompted the request for a delay.

In a letter addressed to U.S. District Judge John Chun in Seattle, FTC attorney Jonathan Cohen acknowledged a previous misstatement regarding the lack of resources. Cohen assured the court that the FTC is fully prepared to litigate the case and will meet all deadlines and schedules set by the court.

FTC Chairman Andrew Ferguson emphasized the agency’s commitment to the consumer protection case, asserting, “The Trump-Vance FTC will never back down from taking on Big Tech.”

Earlier in the day, Cohen had described a “dire resource situation,” attributing it to cost-cutting measures introduced under President Donald Trump. The attorney had outlined how staff shortages and an employee resignation wave were negatively impacting the case. Cohen also noted a hiring freeze and reduced travel budgets, citing wider government budget cuts enforced by Trump advisor Elon Musk. However, this claim was later retracted, with Cohen clarifying that the FTC had sufficient resources for the trial.

The FTC’s case against Amazon, which was initiated in 2023, involves allegations of the company using “dark patterns” in its user interface to deceive consumers into subscribing to automatically renewing Prime subscriptions. Amazon has denied the accusations, and the case involves claims potentially worth at least $1 billion. The lawsuit also names three of Amazon’s senior executives.

Amazon’s legal counsel, John Hueston, opposed the request for a delay, noting that staff changes are common in litigation, regardless of external factors such as the DOGE (Department of Government Efficiency) initiative.