Judge Grants 4 Motions for Leave for Amicus Briefs Backing Amazon in FTC Case

U.S. District Judge John Chun for Western Washington in Seattle granted four motions for leave to file amicus briefs in support of Amazon’s motion to dismiss the FTC’s Restore Online Shoppers’ Confidence Act's (ROSCA) claim that Amazon uses unfair competitive methods for enabling subscriptions and cancellations, said his signed order Monday (docket 2:23-cv-00932). In its Monday reply in support of its motion for leave to file an amicus brief, the U.S. Chamber of Commerce expressed concern that the FTC “intends to use a favorable decision here as a cudgel to intimidate other businesses into abandoning lawful and beneficial marketing practices.” A holding in the FTC’s favor in the case “would have wider ramifications beyond the parties, including by creating uncertainty and harming businesses (particularly small businesses), consumers, and innovation,” the Chamber said. Chun also granted the motions of The Computer & Communications Industry Association, NetChoice and Chamber of Progress; the Interactive Advertising Bureau; and the Association of Corporate Counsel, the order said.