Amazon Fraud Class Action Is Transferred to Wash. District Court From N.Y.

A fraud class action against Amazon in U.S. District Court for Eastern New York was transferred to U.S. District Court for Western Washington in Seattle, said a Monday clerk’s letter (docket 2:23-cv-01019). In the April 2022 class action, plaintiff Tracy McCarthy of Holbrook, New York, alleged Amazon used a “deceptive practice” for its Audible audiobook service to target its Prime members for enrollment in a subscription to Audible “through a process that is not clear to members.” Many Prime members “have no idea that Audible isn’t free" with their Prime membership and “inadvertently enroll in a paid subscription to Audible,” said the first amended complaint. Other Prime members “have no idea how they were signed up for Audible until they later see Audible’s monthly charges” on their account, it said. Audible membership “is not adequately disclosed to the Prime members,” it said, saying if a Prime member inadvertently enrolls in Audible, she “does not receive any conspicuous materials from Audible by email confirming enrollment and then notifying of monthly charges,” the complaint said. In other instances where Prime members unsubscribe, they “continue to be charged across the various payment methods in the Prime members’ ‘Wallet,’” it said. McCarthy claims violation of New York General Business Law section 349 for deceptive practices in business and section 350 for false advertising, plus unjust enrichment. She seeks preliminary and permanent injunctive relief directing Amazon and Audible to correct practices; statutory, actual and punitive damages; restitution and disgorgement of unjustly gained monies; and attorneys’ fees and expenses.