Amazon class action over ads on Prime Video dismissed

Update: 

• A Washington federal judge threw out a consolidated class action lawsuit filed against Amazon over claims the company wrongly charged Amazon Prime Video subscribers $2.99 per month for ad-free content. 
• The judge ruled the claims were made on a “flawed premise” that subscribers purchased access to an ad-free Prime Video expecting it to remain ad-free.
• Rather, the judge determined subscribers simply purchased access to Prime Video that was subjected to any changes Amazon was “contractually authorized” to make. 
• The class action lawsuit was dismissed without prejudice. The subscribers will have 30 days to file a new complaint. 
• The Amazon class action argues that membership of Amazon Prime includes an ad-free experience on Prime Video when subscribers purchase an annual membership.

Amazon Prime ad-free lawsuit overview: 

• Who: Customers have filed an Amazon class action lawsuit over the company’s switch to charging customers for ad-free video. 
• Why: Amazon allegedly began charging $2.99 for ad-free video to customers who previously purchased an annual membership, something plaintiffs in the class action claim they already paid for.
• Where: The Prime class action was filed in federal court in Washington.

A class action lawsuit claims Amazon added an unlawful $2.99 monthly charge for ad-free video for customers who had already paid for commercial-free service in an annual Prime membership.

The changes came after Amazon had included ad-free video with its Prime memberships for more than a decade. Consumers who purchased the annual memberships should have reasonably believed that the video service would remain ad-free throughout their membership, the lawsuit argues.

“This is not fair, because these subscribers already paid for the ad-free version; these subscribers should not have to pay an additional $2.99/month for something that they already paid for,” the class action says.

Amazon introduced the new Amazon Prime charge despite advertising “unlimited, commercial-free, instant streaming” for more than a decade until 2023, when class members paid for annual memberships, the class action says.

Prime class action has ‘millions or tens of millions’ of potential class members

There are 160 million Amazon Prime subscribers in the United States and likely “millions or tens of millions” have purchased annual subscriptions, the class action says.

The plaintiffs are asking for restitution and an injunction against the fees, as well at attorneys’ fees and costs.

“Legal remedies here are not adequate because they would not stop defendant from continuing to engage in the deceptive practices,” the class action claims.

A pair of customers have voluntarily dropped a separate class action lawsuit against Amazon after accusing the company of failing to follow its Amazon Prime two-day shipping guarantee.

Have you paid for a full year subscription to Amazon Prime? Let us know in the comments.

The plaintiff is represented by Christin Cho, Jonas B. Jacobson and Simon Franzini of Dovel and Luner LLP.

The Amazon Prime ad-free class action lawsuit is Napoleon v. Amazon.com Inc., Case No. 2:24-cv-00186, in the U.S. District Court for the Western District of Washington.

Read About More Class Action Lawsuits & Class Action Settlements:

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