Amazon Says It ‘Conspicuously’ Disclosed Content Could Become Unavailable

The plaintiffs in the fraud class action against Amazon Prime Video don't dispute they formed a “valid contract” with a term saying purchased digital content “could potentially become unavailable due to content-provider restrictions,” said Amazon’s reply brief Friday (docket 2:22-cv-00401) in U.S. District Court for Western Washington to the plaintiffs’ Jan. 13 opposition to Amazon’s motion to dismiss (see 2301170042). The plaintiffs contend the contract term about potential content unavailability was hidden, but it wasn't, said Amazon. The terms were disclosed “via a blue, visually distinguishable hyperlink at the point of sale” each time the plaintiffs bought digital content, it said. Those terms were available for the plaintiffs “to review and decide whether they wanted to move forward with a purchase,” it said. “The terms themselves conspicuously addressed the possibility of future unavailability,” and did so in “bold font,” it said.