9th Circuit Sets Mediation Assessment Conference in Prime Member’s Amazon Appeal

The 9th U.S. Circuit Court of Appeals scheduled a telephonic mediation assessment conference Oct. 18 at 10:30 a.m. PDT in plaintiff-appellant Tracy McCarthy’s challenge of a district court’s ruling that her claims against Amazon Prime were time-barred, said a clerk’s order Wednesday (docket 23-35605). McCarthy alleges Amazon engaged in deceptive business practices when it provided “credits” as a “benefit” of being a Prime member (see 2309260004). When Prime members redeemed those credits for the audio versions of books they wanted to buy on Amazon, they were unknowingly enrolled in Audible for a continuous monthly fee without any clear and conspicuous notice of such enrollment, she alleges. In seeking to reverse the district court’s ruling that her claims under New York’s General Business Law were time-barred, McCarthy argues she was improperly charged a monthly fee for Audible within the three-year statute of limitations for GBL claims.