Amazon Sued by Prime Members Over Unwanted Audible Subscriptions

An Amazon Prime member who claims the online retail giant duped her into paying for unwanted Audible subscriptions filed a proposed class action in a federal court in New York.

The lawsuit, filed Tuesday in the U.S. District Court for the Eastern District of New York, alleges that Amazon advertises access to free titles on Audible as a feature of a Prime membership only to “surreptitiously” enroll members in a paid monthly subscription for the then-difficult-to-cancel audio book service.

There have been “thousands of complaints about this deceptive practice,” the lawsuit claims, citing posts on Amazonforum.com and Reddit.

Prime members don’t realize they’ve enrolled in an Audible subscription, so it can take months or years before they realize they are being charged for the unwanted service, according to the lawsuit.

Amazon issues only partial refunds when customers have complained, the lawsuit says.

Although Audible is a fully owned subsidiary of Amazon, Prime memberships and Audible memberships are separate.

Prices for Audible subscriptions vary, ranging from about $8 to $23 per month, depending on the benefits of membership and the number of “credits” purchased.

Tracy McCarthy, who filed the suit, says that she purchased a Prime membership, then was charged, without her knowledge or approval, $14.95 monthly, for a total of about $448.50 in charges.

Causes of Action: New York General Business Law, Section 349, prohibiting deceptive trade practices, and Section 350, prohibiting false advertising.

Relief: Statutory and punitive damages; a preliminary and permanent injunction to stop the allegedly unlawful trade practices.

Potential Class Size: The proposed class comprises anyone in New York who charged for Audible services from April 26, 2019, to “the date of judgment.” The complaint doesn’t estimate the class size.

Response: Amazon didn’t immediately respond to Bloomberg Law’s request for comment.

Attorneys: The plaintiffs are represented by Reese LLP.

The case is McCarthy v. Amazon Inc., E.D.N.Y., No. 2:22-cv-02384, complaint 4/26/22.