FTC Takes Aim At Amazon's Subscription Cancellation Process

On June 21, 2023, the Federal Trade Commission ("FTC" or the "Commission") sued online retail giant Amazon.com for violating of section 5 of the FTC Act and the Restore Online Shoppers' Confidence Act ("ROSCA"). The FTC is a United States governmental agency whose primary mission is to protect consumers and enforce civil antitrust laws. With the rise of ecommerce, according to the FTC, many online retailers have utilized unscrupulous tactics, including confusing cancellation policies, to maximize profits from unknowing or unwilling repeat customers. Amazon's arduous cancellation process, as alleged by the FTC, is just one example of the mega-retailer's utilization of dark patterns. "Dark patterns" are subtle design tricks that influence consumers into making unintended decisions, or to the same end, discourage behavior that hurts a business's bottom line.