Amazon Accused of Violating ROSCA with Nonconsensual Enrollment

COUNT III - Violation of ROSCA—Nonconsensual Enrollment

261. In numerous instances, in connection with charging consumers for goods or services sold in transactions effected on the Internet through a negative option feature, as described in Paragraphs 2 through 224 above, Defendant failed to obtain the consumer’s express informed consent before charging the consumer’s credit card, debit card, bank account, or other financial account for the transaction.

262. Defendant’s practices as set forth in Paragraph 261 are violations of Section 4 of ROSCA, 15 U.S.C. § 8403(2), and are therefore violations of a rule promulgated under Section 18 of the FTC Act, 15 U.S.C. § 57a, 15 U.S.C. § 8404(a), and therefore constitute an unfair or deceptive act or practice in violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a).

263. Defendant committed the violations set forth in Paragraph 261 with the knowledge required by Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(1)(A).