Computer & Communication Industry Association
PublishedOctober 25, 2023

CCIA Files Brief Supporting Dismissal of FTC’s Case Alleging Unfair Amazon Subscription Practices

Washington – The Computer & Communications Industry Association has filed an amicus brief supporting dismissal of the Federal Trade Commission’s complaint against Amazon, arguing that the agency has failed to state any valid claim against the online retailer. The FTC alleges that Amazon, which represents 6 percent of retail sales according to the government’s own data reported in the Wall Street Journal, uses unfair methods for enabling subscriptions and cancellations. Joining CCIA on the brief were NetChoice, LLC and the Chamber of Progress.

The lawsuit seeks to hold Amazon, along with three Amazon executives, liable for conduct that does not run afoul of any applicable law. The suit also seems to be based on Amazon’s updating of its policies to further benefit consumers in response to requests from FTC staff. The joint brief filed today argues that, “Not only is this case devoid of applicable law, but it also might erode confidence in the nation’s executive agencies” if it were allowed to proceed.

The following can be attributed to CCIA Senior Vice President and Chief of Staff Stephanie Joyce:

“The FTC’s case places the cart before the horse. Agencies should not be permitted to pursue claims based on how they wish the law to be rather than on the law actually in effect, nor should a company’s effort to improve the customer experience be deemed grounds for liability. This case should be dismissed in its entirety.”