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Amazon Accused of Violating ROSCA with Inadequate Disclosures
by Lina Khan (Finally) Sues AmazonOctober 2nd, 2023
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ROSCA, better known as the Restore Online Shoppers Confidence Act, was established by the FTC to protect consumers.
FTC v. Amazon Court Filing, retrieved on June 1, 2023, is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This part is 11 of 20.
COUNT II - Violation of ROSCA—Inadequate Disclosures
258. In numerous instances, in connection with charging consumers for goods or services sold in transactions effected on the Internet through a negative option feature, as described in Paragraphs 2 through 224 above, Defendant failed to clearly and conspicuously disclose all material terms of the transaction, including the price of Prime, its auto-renewal provision, and cancellation requirements, before obtaining the consumer’s billing information.
259. Defendant’s practices as set forth in Paragraph 258 are violations of Section 4 of ROSCA, 15 U.S.C. § 8403(1), and are therefore violations of a rule promulgated under Section 18 of the FTC Act, 15 U.S.C. § 57a, 15 U.S.C. § 8404(a), and therefore constitute an unfair or deceptive act or practice in violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a).
260. Defendant committed the violations set forth in Paragraph 258 with the knowledge required by Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(1)(A).
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This court case 2:23-cv-00932 retrieved on September 28, 2023, from ftc.gov is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.
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