A jury in Seattle will decide whether retail giant Amazon tricked millions of people into signing up for Prime, its paid subscription service.
Jury selection kicked off Monday in the Federal Trade Commission’s case against the online retailer, and opening arguments are expected in the coming days.
Don’t miss any of our unbiased tech content and lab-based reviews. Add CNET as a preferred Google source.
The trial is likely to last over the next month. Amazon will defend its $139-a-year membership program right as the company gears up for its major fall shopping event, Prime Big Deal Days.
Read also: Amazon Prime Is Ending Shared Free Shipping. What to Know and When It Happens
The FTC first sued Amazon in 2023, accusing it of using “dark patterns” to nudge people into Prime subscriptions and then making it too hard to cancel. This would be a violation of Section 5 of the FTC Act and the Restore Online Shoppers’ Confidence Act. The FTC is seeking fines, customer refunds and a ban on deceptive tactics.
A representative for Amazon did not immediately respond to a request for comment.
Regulators say Amazon’s design choices were deliberate. The company allegedly slowed efforts to simplify the cancellation flow because easier exits could hurt revenue.
“Specifically, Amazon used manipulative, coercive or deceptive user-interface designs known as ‘dark patterns’ to trick consumers into enrolling in automatically renewing Prime subscriptions,” the FTC complaint states.
Amazon has pushed back, insisting that its sign-up and cancellation processes are clear, and that customers love Prime.
The case has already delivered some setbacks for the company. The judge overseeing the trial, US District Judge John Chun, ruled that Amazon violated a federal law on online disclosures by collecting payment information before explaining key terms of Prime.
The FTC will try to convince a jury that Amazon misled consumers more broadly and may hold executives personally responsible.
Whatever the eventual verdict, the timing is noteworthy. Prime Big Deal Days is expected to land in early October, right as testimony unfolds. That means the details emerging from the courtroom could compete with Amazon’s marketing blitz and could impact consumer sentiment or engagement this gift-buying season.
