Amazon Prime is well known for its two-day reach, unlimited mass media and exclusive concessions, and, while its ease makes it known, the recent decision of the United States Federal Council has exposed its unknown “dark side”.
The decision of the United States Federal Judge John Chinin last Thursday to find that Amazonian consumer protection laws had been violated in the handling of Prime subscriptions marked a significant progress in the case brought by the Federal Trade Commission (FTC) against the technology giant. In 2023, the FTC filed a lawsuit for the long-term incorporation of the Amazon into the Prime membership scheme without the consent of its users and for the intentional establishment of a subscription removal barrier. The FTC accused the Amazon of using “a manipulative, coercive or deceptive user interface designed to lure consumers into registering Prime subscriptions for automatic renewal fees”, known as the `dark model’, and by blocking tens of millions of users’ requests for cancellation through complex cancellation processes.
“The fraudulent way in which the Amazon engages users in involuntary automatic renewal of subscriptions not only results in a loss of user experience, but also in significant economic losses.” Lina Khan, Chairman of the FTC, stated in her statement that “these manipulations work to the detriment of consumers and law-abiding enterprises. FTC will continue to have the right to protect Americans from dark patterns in the digital market and other unfair or deceptive behaviour.” According to the Agency, the Amazon ‘ s actions are in violation of the Recovering the Confidence of Internet Shopping Act (ROSCA), which is designed to protect consumers from fraudulent business practices, requires sellers to clearly disclose the content of the terms, obtain express consent to the fee and provide a simple and periodic means of ending the fee. “The decision today confirms that the failure of Amazonia to fully disclose the Prime clause before obtaining information on consumer payments constitutes fraud against United States consumers”, indicated by Chris Mufarrige, Director of the FTC Consumer Protection Bureau.
The judge also held the two Amazon executives responsible for any violations proved by the FTC at trial and dismissed the Amazon ‘ s argument that ROSCA was not applicable to Prime member service. As of September 2025, the case was still pending and incomplete, the Amazon had filed a motion to dismiss and the legal process was expected to continue.
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