Amazon Class Action Alleges False Advertising of Free Audible Titles With Prime

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Amazon Audible Prime False Advertising Class Action:

• Who: Amazon Prime members are suing Amazon over its Audible offer.
• Why: The customers say Amazon markets Audible as being a free offering with their Prime memberships when really they are charged an additional fee without their permission.
• Where: The class action lawsuit was filed in New York federal court.

Amazon tells Prime members they are getting “free” access to Audible when they are really being charged a monthly fee for the service, a new class action lawsuit alleges.

Plaintiff Tracy McCarthy filed the class action complaint against Amazon.com, Inc. Apr. 26 in a New York federal court, alleging violations of New York’s General Business Law. 

McCarthy said Amazon Prime membership costs approximately $119 per year, and one of the marketed “benefits” included in a membership is “free titles” at Audible, a wholly owned subsidiary of Amazon.

“Unfortunately for consumers, Prime membership does not actually include Audible for ‘free,’” the class action states. “Rather, Amazon charges consumers for Audible for a monthly, recurring fee. Indeed, Amazon surreptitiously enrolls its Prime members in a paid subscription to Audible through a process that deceives reasonable consumers, charging the consumers’ credit or debit cards without their permission or authority.” 

As a result, many Prime members pay monthly subscription fees for Audible services that they never asked for, the lawsuit alleges. 

Amazon Prime Plaintiff Charged $448 for Audible, According to Class Action

McCarthy says she purchased a Prime membership and then was charged, without her knowledge or approval, $14.95 per month for Audible for a total of approximately $448.50.

Prime members are targeted for enrollment in a subscription to Audible through a process that is not clear, McCarthy states. 

“Many Prime members have no idea what Audible is… Other Prime members have no idea how they were signed up for Audible until they later see Audible’s monthly charges.”

McCarthy is looking to represent anyone in New York who was charged for Audible services from April 26, 2019, to the date of judgment.

She’s seeking certification of the class action, fees, costs, damages and a jury trial. 

The news comes after a New York federal judge threw out a lawsuit alleging Amazon broke the law by withdrawing warehouse job offers after applicants tested positive for marijuana.

Do you have Amazon Prime? Let us know your experience in the comments! 

The plaintiff is represented by Michael R. Reese, Charles D. Moore and Sue J. Nam of Reese LLP.

The Amazon Class Action Lawsuit is Tracy McCarthy v. Amazon.com, Inc., Case No. 2:22-cv-02384, in the U.S. District Court Eastern District of New York.

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