Amazon Accused of Unfairly Charging Consumers Without Consent

VIOLATIONS OF THE FTC ACT

247. Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), prohibits “unfair or deceptive acts or practices in or affecting commerce.”

248. Acts or practices are unfair under Section 5 of the FTC Act if they cause or are likely to cause substantial injury to consumers that consumers cannot reasonably avoid themselves and that is not outweighed by countervailing benefits to consumers or competition. 15 U.S.C. § 45(n).

COUNT I - Unfairly Charging Consumers Without Consent

249. In numerous instances, as described in Paragraphs 2 through 224 above, Defendant has charged consumers without their express informed consent.

250. Defendant’s actions cause or are likely to cause substantial injury to consumers that consumers cannot reasonably avoid themselves and that is not outweighed by countervailing benefits to consumers or competition.

251. Therefore, Defendant’s acts or practices as set forth in Paragraph 249 constitute unfair acts or practices in violation of Section 5 of the FTC Act, 15 U.S.C. § 45(a), (n).