The Federal Trade Commission's biggest subscription fraud case against a tech giant kicks off today in Seattle, where Amazon faces allegations it deliberately deceived tens of millions of customers into Prime memberships then made cancellation nearly impossible. With over 200 million global subscribers generating billions in revenue, the outcome could reshape how subscription services operate industry-wide.
Amazon walked into a Seattle federal courthouse Monday facing the biggest regulatory challenge to its subscription empire. The FTC's long-brewing lawsuit over Prime enrollment practices finally reached trial, and early signs suggest the e-commerce giant is in trouble. Just last week, U.S. District Judge John Chun handed regulators a preliminary victory, ruling that Amazon and two senior executives violated the Restore Online Shoppers' Confidence Act by collecting customers' billing information before properly disclosing Prime's terms. That's already a legal violation before the jury even weighs the broader allegations. The case centers on what the FTC calls a systematic effort to deceive customers into subscribing to Prime's $139 annual service. According to court filings, Amazon designed checkout buttons that told users to "complete their transaction" without clearly stating they were also agreeing to recurring Prime charges. Internal Amazon documents reveal employees described these practices as an "unspoken cancer," but the company refused fixes because clarity would reduce subscriber growth. The cancellation process proved equally problematic. The FTC found Amazon forced users through what it internally dubbed "Iliad" - a reference to Homer's epic about the endless Trojan War. Customers had to navigate four separate webpages and choose from 15 different options just to cancel their membership. Prime boss Jamil Ghani and Neil Lindsay, a senior vice president who previously oversaw Prime's technology operations, now face individual liability if the jury sides with regulators. Judge Chun determined both executives maintained enough oversight of the enrollment and cancellation systems to be personally responsible for violations. Amazon's defense hinges on arguing that occasional customer confusion doesn't constitute legal wrongdoing. "Evidence that a small percentage of customers misunderstood Prime enrollment or cancellation does not prove that Amazon violated the law," the company argued in recent filings. But internal communications suggest Amazon knew exactly what it was doing. Among documents Amazon initially tried to withhold from the FTC was a 2020 email where retail chief Doug Herrington called "subscription driving" a "shady" practice and referred to Jeff Bezos as the company's "chief dark arts officer." Amazon spokesperson Maxine Tagay maintains the company "always put customers first" and that executives "acted properly." The company points to Prime's popularity - over 200 million global subscribers who spend more and shop more frequently than regular customers - as evidence the service delivers genuine value. This trial represents the FTC's most aggressive move yet against "dark patterns," the deceptive design tactics that steer users toward purchases or privacy surrenders. The agency launched similar cases against over its Uber One service and reached settlements with and over subscription practices. The timing couldn't be worse for Amazon, which already faces a separate FTC monopoly lawsuit scheduled for trial in February 2027. That case accuses the company of wielding illegal market power across its retail platform. With jury selection completed Monday and opening arguments starting Tuesday, the month-long trial will determine whether Amazon's subscription juggernaut was built on systematic deception. If the FTC prevails, it could force fundamental changes to how Prime operates and potentially trigger massive customer refunds.
