Class Action Alleges Amazon Falsely Advertises that Prime Membership Comes with ‘Free’ Audible Titles [DISMISSED]
Last Updated on September 13, 2023
McCarthy v. Amazon.com, Inc.
Filed: April 26, 2022 ◆§ 2:22-cv-02384
A proposed class action alleges Amazon has misleadingly advertised that a Prime membership includes “free titles” from audiobook and podcast platform Audible.
September 13, 2023 – Amazon ‘Free’ Audible Titles Offer Lawsuit Dismissed
The proposed class action detailed on this page was dismissed with prejudice on September 7, 2023.
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In a nine-page order granting Amazon’s motion to dismiss, United States District Judge Barbara J. Rothstein found that the three-year statute of limitations on the plaintiff’s claims had expired. The judge pointed out that the lawsuit was filed in April 2022, more than three years after the plaintiff claimed that Amazon began charging her for a monthly Audible subscription in November 2018.
Judge Rothstein stated that in order to “toll” – or stop – the three-year statute of limitations on her allegations, the plaintiff had to have shown that she could not have discovered the monthly charges within the applicable statute of limitations window because the defendant “wrongfully concealed” the subscription fees from her.
“Although Ms. McCarthy pleads that Amazon ‘tricked’ her into paying for an unwanted membership, she does not plead facts to show that Defendants wrongfully concealed the monthly charges for Audible, only that the charge appeared on her monthly statement as an ‘Amazon’ charge,” the judge wrote. “Nor does Ms. McCarthy plead that she made any effort to determine the source of the monthly charges.”
According to Judge Rothstein, the plaintiff also failed to allege that Amazon was deceptive in its promotion of the Prime membership benefit.
“In sum, Ms. McCarthy alleges that Amazon ‘touted’ free titles and an invitation to start an Audible trial membership, and she received a free title and a trial membership—exactly as ‘touted,’ the judge said.
Overall, Judge Rothstein found the woman’s arguments “unpersuasive,” especially since she admitted to not reading the conditions of the membership.
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A proposed class action alleges Amazon has misleadingly advertised that a Prime membership includes “free titles” from audiobook and podcast platform Audible.
The 11-page case in New York alleges that an Amazon Prime membership does not, in fact, include a free subscription to Audible, an Amazon subsidiary. According to the suit, Amazon “surreptitiously” enrolls Prime members into a paid Audible subscription, for which they’re charged a recurring monthly fee and through which they could potentially receive free titles.
As a result, many Amazon Prime subscribers have paid monthly subscription fees for Audible services that they never asked for or used, the lawsuit says, alleging Amazon’s Audible enrollment process “deceives reasonable consumers.”
“Audible membership is not adequately disclosed to the Prime members,” the case says.
Moreover, the suit claims that Amazon makes it “exceedingly difficult” for Prime members to discontinue their Audible subscriptions once they discover the “improper charges.” The mega-retailer, the complaint alleges, then limits refunds of Prime customers’ monthly Audible subscription fees to only a few months of charges.
According to the lawsuit, Prime members must provide Amazon with a payment method that is maintained on file in the customer’s “wallet.” Per the case, one form of payment must be selected as the consumer’s default method, and that method allows Amazon to charge the customer for any digital purchases, including Audible subscriptions.
The suit says that Prime members in particular are “targeted for enrollment” in Audible subscriptions through a rather murky process. As the lawsuit tells it, many Prime members “have no idea” that Audible is not a free service that comes with their Prime membership, and inadvertently enroll in a paid subscription.
“Other Prime members have no idea how they were signed up for Audible until they later see Audible’s monthly charges,” the case claims.
If a Prime member inadvertently enrolls in Audible, the consumer receives no conspicuous confirmation that they enrolled in the service or will subsequently pay monthly charges, the lawsuit alleges. In other instances, a Prime member will unsubscribe from Audible yet continue to be charged for the service, the case claims.
The complaint contends that because Prime members are not adequately apprised of the fact that they’ve enrolled in Audible, it can take months or years before they discover the truth, and months before they can stop their subscription.
The lawsuit looks to represent consumers in New York who were charged for Audible between April 26, 2019 and the date of final judgment in the litigation.
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