Appeal Docketed of Prime Member Who Says Amazon Duped Her on Audible Subscription

Plaintiff-appellant Tracy McCarthy’s mediation questionnaire is due Sept. 26 in her appeal that seeks to reverse the district court’s Sept. 7 dismissal of her fraud claims against Amazon and Audible, said a time schedule order Tuesday (docket 23-35605) in the 9th U.S. Circuit Court of Appeals. McCarthy’s opening brief is due Nov. 14, and Amazon’s answering brief is due Dec. 14, said the order. McCarthy, a Prime member, asserted claims of deceptive practices, false advertising and unjust enrichment, alleging Amazon duped her into enrolling in a monthly Audible subscription plan that left her on the hook for nearly $600 in charges that she didn’t authorize. But the district court said McCarthy’s claims were time-barred and she failed to allege a misleading statement or practice, defeating most of those claims. McCarthy alleged Amazon touted free titles and an invitation to start an Audible trial membership, and that she received a free title and a trial membership, exactly as Amazon had touted. She therefore failed to allege deception in Amazon’s promotional language. She also complained she wasn’t adequately informed about the details of the membership, but she admitted she didn’t read the conditions, said the district court. Her arguments were unpersuasive, and her allegations were insufficient to establish deception in Amazon’s promotional material or during the purchase transaction, the court said.