(By Elizabeth Tuico) Flipping through my email, I stumbled upon this message: Your Prime Free Trial is expiring in 4 days.  

Thanks for reminding me of something I didn’t sign up for or want. It’s also the worst marketing strategy of 2022. Amazon creatives should be ashamed of launching this deceptive marketing campaign that takes advantage of frazzled holiday shoppers. This corporate giant is betting on your bad memory — by taking their marketing campaigns to the outward bounds of legality.  

***

6/25/2023 UPDATE: I was thrilled to see that the Federal Trade Commission is investigating Amazon:

FTC Takes Action Against Amazon for Enrolling Consumers in Amazon Prime Without Consent and Sabotaging Their Attempts to Cancel

Complaint outlines details of company’s knowing failure to address non-consensual subscriptions and cancellation trickery

The Federal Trade Commission is taking action against Amazon.com, Inc. for its years-long effort to enroll consumers into its Prime program without their consent while knowingly making it difficult for consumers to cancel their subscriptions to Prime.

In a complaint filed today, the FTC charges that Amazon has knowingly duped millions of consumers into unknowingly enrolling in Amazon Prime. Specifically, Amazon used manipulative, coercive, or deceptive user-interface designs known as “dark patterns” to trick consumers into enrolling in automatically renewing Prime subscriptions.

Amazon also knowingly complicated the cancellation process for Prime subscribers who sought to end their membership. The primary purpose of its Prime cancellation process was not to enable subscribers to cancel, but to stop them. Amazon leadership slowed or rejected changes that would’ve made it easier for users to cancel Prime because those changes adversely affected Amazon’s bottom line. 

Consumers who attempted to cancel Prime were faced with multiple steps to actually accomplish the task of cancelling, according to the complaint. Consumers had to first locate the cancellation flow, which Amazon made difficult. Once they located the cancellation flow, they were redirected to multiple pages that presented several offers to continue the subscription at a discounted price, to simply turn off the auto-renew feature, or to decide not to cancel. Only after clicking through these pages could consumers finally cancel the service.

The complaint notes that Amazon was aware of consumers being nonconsensually enrolled and the complex and confusing process to cancel Prime that the company’s executives failed to take any meaningful steps to address the issues until they were aware of the FTC investigation. In the complaint, the FTC also alleges that Amazon attempted to delay and hinder the Commission’s investigation in multiple instances.

***

Back to my original story published in January 2023:

Not long ago, Amazon was my resource when I couldn’t find something in a store. I bought replacement coffee pots, face masks, hair products and even a light fixture. Since I’m not a Prime member, it was fine to wait a week for my purchase to arrive if it meant free shipping.

Ain't No Such Thing As a Free Lunch 

Last month, I was shocked when I signed into my Amazon account and put two items in the shopping cart. I had not begun the checkout process when I noticed Amazon signed me up for a “free” month of Prime:  

Congratulations! Starting now, your Amazon Prime Free Trial unlocks the best shopping and entertainment benefits. On January 3, 2023 your promotional offer will end and your plan will automatically change to $14.99/month. Your Prime membership may be subject to applicable tax. 

What? I didn’t check a box or consent to the transaction. By placing items in my cart, I received 30 complimentary days of Amazon Prime which quickly transformed into an overpriced plan. I scrambled to figured out how to cancel the service. I received this email:  

We are confirming that you have opted to end your Prime membership. You will continue to have access to your benefits until your membership period ends on January 03, 2023.  

Amazon is counting on me to forget about this “free” trial during the busy holiday season. Had I not canceled Prime, it would have automatically renewed at $14.99 in January to the tune of $179.88 a year plus tax.  

Now I was pissed off. I engaged Amazon’s chat feature to find that I was communicating with an actual human, which was encouraging. However, she didn’t understand why I was mad. So I asked to chat with a manager. John got it. I requested he take my complaint to the marketing department and remove the “free” trial function for everyone. 

Corporate Tentacles  

Amazon owns more than 40 subsidiary companies that sell everything from books to organic food to apparel. Notable brands under their umbrella are Whole Foods Market, Zappos, and Audible. At a recent visit to a local Amazon Fresh grocery store, I was surprised when the clerk asked if I wanted to pay with my Amazon gift card balance. Again, I’m not a Prime member so how does Amazon Fresh know I have a gift card balance in my Amazon account?  

It’s creepy. What else does Amazon know about me, and what will this corporate baron do with the data? There’s a new big brother in town. Watch out, folks.  

9/26/23 Update: U.S., 17 states sue Amazon alleging monopolistic practices led to higher prices

Elizabeth Tuico owns Rebel Road Creative, a marketing strategy + content writing consultancy based in Washington, D.C.