FOLLOW US

Sun

April 5, 2026

America May 13, 2025 3 mins read

Amazon Requests Court Action on FTC’s ROSCA Statements in Prime Suit

America ı By Rochdi Rais

191 0 Comments

"Amazon Requests Court Action on FTC's ROSCA Statements in Prime Suit

Amazon has filed a pair of motions in federal court, requesting that the court either allow it to present evidence regarding the Federal Trade Commission's (FTC) statements on the Restore Online Shoppers' Confidence Act (ROSCA) or permit the matter to be brought before the Ninth Circuit Court of Appeals. The motions come amid ongoing litigation accusing Amazon of deceiving customers into enrolling in its Prime service and complicating subscription cancellations.

In one motion, Amazon urges the court to grant an early motion in limine to introduce the FTC's official statements on ROSCA, which the company argues lack clarity. Amazon maintains that these statements can demonstrate that the company did not have prior knowledge that its conduct violated the statute. "Good cause exists to do so in order to clarify relevant issues for dispositive motions practice and trial," Amazon stated in the filing.

If the court denies this request, Amazon has asked for the opportunity to pursue an interlocutory appeal to the Ninth Circuit, seeking to address two critical questions: whether defendants are entitled to assert a due process defense based on lack of notice when an agency has not clarified the interpretation of a statute, and whether the FTC can impose civil penalties when the law was unclear at the time of alleged violations.

Amazon has previously argued that ROSCA, as applied to its business practices, fails to provide fair notice that its common marketing strategies are illegal. The company further asserts that the FTC has not proven that Amazon was aware that its practices violated the law, and thus, civil penalties should not apply.

"Although the court has denied motions to dismiss, Amazon will press these arguments in a forthcoming motion for summary judgment," the company said. "One urgent issue that requires immediate attention is whether the FTC's prior statements on ROSCA's lack of clarity can be presented to show that Amazon did not knowingly violate the law."

Amazon has pointed out that the FTC has repeatedly acknowledged the ambiguity of ROSCA and its lack of clear guidance for businesses. "No authoritative source — not the FTC, a court, or even a jury — has ever identified a compliant enrollment or cancellation flow under ROSCA," Amazon’s motion explained.

The FTC has accused Amazon of using deceptive user interface designs, known as "dark patterns," to trick consumers into enrolling in Prime subscriptions without their consent. The agency claims that Amazon "tricked and trapped" consumers into recurring subscriptions and made it difficult for them to cancel. The FTC's 2023 lawsuit added three senior Amazon executives — Neil Lindsay, Russell Grandinetti, and Jamil Ghani — accusing them of being fully aware of the issues surrounding nonconsensual enrollments but failing to take action.

Additionally, the FTC has requested the court to impose sanctions on Amazon, alleging the company withheld tens of thousands of documents in bad faith, wrongly claiming they were privileged. The FTC revealed that Amazon later withdrew 92% of its privilege claims and produced 70,000 documents previously withheld.

Amazon and the FTC are currently engaged in ongoing litigation in the U.S. District Court for the Western District of Washington under case number 2:23-cv-00932.

Previous Article

Missouri Sanctioned in Generics Price-Fixing Case

Read More
Rochdi Rais
2745 Posts

Rochdi Rais

Rochdi Rais is the chief content officer and financial and legal writer at USA Herald. He has been writing about finance, law, cryptocurrency and U.S. politics for years with over +4000 articles published during his career.

Don’t Miss It
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA Herald for Arizona Bar Investigation

In what appears as a desperate attempt to defend multiple allegations of fraud on the courts, the Kelly Warner Law…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To Attacking Former Client Again On KellyWarnerLaw.com – Pattern Recognized

Attorney Aaron Kelly and his law partner Daniel Warner are currently under investigation by the Arizona Bar for legal misconduct.…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney Aaron Kelly

USA Herald recently reported on a developing story involving Attorneys Daniel Warner and Aaron Kelly. Both Warner and Kelly have…

By – Paul O'Neal
America April 3, 2026
Artemis II Clears Earth Orbit, Heads Toward Moon’s Far Side

The Artemis II crew has officially departed Earth’s orbit, propelling the Orion spacecraft on its journey toward the Moon. The…

By – Tyler Brooks
America April 3, 2026
Former DeRidder Mayor’s Sentencing Rescheduled for June

DE RIDDER, La. — The sentencing of former DeRidder mayor and registered sex offender Misty Roberts has been postponed to…

By – Tyler Brooks
America April 3, 2026
Javon Vital Commits to USC Football Program

Lake Charles College Prep standout Javon Vital, one of Southwest Louisiana’s most versatile athletes, pledged his future to the University…

By – Tyler Brooks
America April 3, 2026
Bill Could Expand Early Release for Terminally Ill Inmates to 120 Days

A Louisiana House committee voted unanimously Tuesday to advance legislation that would extend the early-release window for terminally ill inmates…

By – Tyler Brooks
America April 3, 2026
Teacher Protection Bill Advances Unopposed in House Committee

A proposal designed to safeguard teachers from student violence is gaining momentum after clearing a House committee without objection. House…

By – Tyler Brooks
America April 3, 2026
US Intel Finds Iran Retains Key Strike Capabilities Despite Weeks of Attacks

Recent U.S. intelligence assessments indicate that Iran continues to possess a substantial capacity to launch missiles and deploy drones, even…

By – Tyler Brooks
America April 3, 2026
US Intel Finds Iran Retains Key Strike Capabilities Despite Weeks of Attacks

Recent U.S. intelligence assessments indicate that Iran continues to possess a substantial capacity to launch missiles and deploy drones, even…

By – Tyler Brooks
America April 3, 2026
Trump Tariffs Reshape Global Trade One Year Later

One year after U.S. President Donald Trump launched sweeping tariffs, the global economic landscape shows significant shifts, with trade patterns…

By – Tyler Brooks
America April 3, 2026
Oil Surges, Global Stocks Slip After Trump Renews Iran Strike Threats

Oil prices climbed sharply once again after U.S. President Donald Trump renewed warnings of intensified military action against Iran, offering…

By – Tyler Brooks
America April 3, 2026
Judge Dismisses Majority of Claims In Lively Harassment Suit Against Baldoni

A federal judge has dismissed most claims brought by actress Blake Lively in her sexual harassment lawsuit against her It…

By – Tyler Brooks
America April 3, 2026
Trump Ousts Attorney General Pam Bondi, Cites Private Sector Transition

US President Donald Trump has dismissed Attorney General Pam Bondi, a close ally and staunch defender of his administration, ending…

By – Tyler Brooks
America April 2, 2026
Trump Targets State Farm As California Wildfire Fallout Exposes Deeper Insurance Crisis

INSIDE THIS REPORT A presidential warning shot has been fired at one of America’s largest insurers—but the implications extend far…

By – Samuel Lopez
America April 2, 2026
Coral Springs Vice Mayor Found Dead, Husband Arrested

Authorities in Florida announced the shocking death of Nancy Metayer Bowen, the vice mayor of Coral Springs, whose husband has…

By – Rihem Akkouche
America April 2, 2026
Magnitude 4.6 Earthquake Strikes Near Boulder Creek, Shakes Bay Area

A 4.6 earthquake near Boulder Creek rattled Santa Cruz County early Thursday, sending tremors across the Bay Area and reigniting…

By – Rihem Akkouche
America March 28, 2026
Goliath Ventures Filed for Chapter 11 as Alleged $328M Crypto Scheme Unravels

A Florida crypto firm once promising sky-high returns has collapsed under the weight of federal scrutiny and investor outrage. Goliath…

By – Rihem Akkouche
America March 27, 2026
Ohio State Suspends Fraternity After Student Hospitalization

The case now drawing attention under the headline Ohio State suspends Fraternity has cast a spotlight on campus safety, as…

By – Rachel Moore
America March 27, 2026
Senate Vote on DHS Shutdown Ends Weeks-Long Standoff

The Senate vote on DHS shutdown unfolded in the early hours of Friday, bringing a dramatic pause to a 42-day…

By – Rihem Akkouche
America March 25, 2026
7 Year-Old Girl Dies in Modesto Duplex Fire, Family Devastated

The 7 year-old girl dies in Modesto duplex fire tragedy has left a California community reeling after flames tore through…

By – Rachel Moore
America March 28, 2026
Mike Fincke Space Medical Incident Stuns NASA as Mystery Illness Strikes in Orbit

A routine evening aboard the International Space Station turned into a moment of high-stakes uncertainty when the Mike Fincke space…

By – Rihem Akkouche
America March 15, 2026
Arizona Man Accused of Crucifying Pastor Pushes Judge For A Quick Death Sentence

By Samuel A. Lopez | USA Herald – An Arizona courtroom is now the center of a deeply disturbing case…

By – Samuel Lopez
America March 11, 2026
Trump’s Laser Talk Sparks New Questions About America’s Secret Arsenal

President Donald Trump has once again done what he often does best in moments of war and tension: he dropped…

By – Samuel Lopez
America March 8, 2026
The Northern Lights Return

The Northern Lights have a chance to be visible from several northern U.S. states on Tuesday night, forecasters at the…

By – Jackie Allen
America March 8, 2026
February Unemployment Up as Job Losses Surprise Economists

February Unemployment Up as the latest labor market data revealed weaker-than-expected job growth and a slight increase in the national…

By – Jackie Allen
America March 8, 2026
Late-Night Attack by Venezuelan National at Florida Beach

A Late-night attack by a Venezuelan National has left a Florida community shaken after authorities say a 26-year-old man ambushed…

By – Jackie Allen
America April 2, 2026
Trump Targets State Farm As California Wildfire Fallout Exposes Deeper Insurance Crisis

INSIDE THIS REPORT A presidential warning shot has been fired at one of America’s largest insurers—but the implications extend far…

By – Samuel Lopez
America April 2, 2026
Tennessee Congressman Warns Classified UAP Briefings Would Shake Public Faith In Government

Rep. Tim Burchett says he has been briefed by intelligence agencies on information so sensitive it would leave Americans “unglued”…

By – Samuel Lopez
America April 2, 2026
The Persuasion Machine Inside AI How New Research Reveals A Quiet Trade-Off Between Influence And Truth

INSIDE THIS REPORT A massive multi-institution study has uncovered something far more concerning than AI bias—it has identified how easily…

By – Samuel Lopez
America April 2, 2026
Market Analysis: Strait of Hormuz Tensions Are Quietly Straining the U.S. Insurance Market — And the Pressure Is Building

INSIDE THIS REPORT A narrow shipping lane in the Middle East is beginning to reshape risk calculations inside the American…

By – Samuel Lopez
America April 2, 2026
Is X down? Thousands of Users Report Access Problems

Thousands of users experienced disruptions on Tuesday afternoon when X, the social media platform owned by Elon Musk, suffered a…

By – Tyler Brooks
America April 2, 2026
Trump Threatens NATO Exit, Tells Europe to ‘Go Get Your Own Oil’

President Donald Trump intensified his criticism of European allies this week, warning that the United States could abandon long-standing security…

By – Tyler Brooks
America April 1, 2026
HUMANITY RETURNS TO THE MOON: NASA’s Artemis II Lifts Off — First Crewed Lunar Mission In 53 Years

WHAT MATTERS NOW Four astronauts are en route to the Moon for the first time since 1972. History is being…

By – Samuel Lopez
America March 31, 2026
Health Insurers 19% Claims Refusal Raises Alarm Across ACA Marketplace

A new analysis reveals a striking reality: health insurers 19% claims refusal has become a defining feature of coverage on…

By – Rachel Moore
America March 31, 2026
Hospitals Threatened by Medicaid Cuts Face Growing Crisis Nationwide

A sweeping new analysis warns that hospitals threatened by Medicaid cuts are edging toward a breaking point, with hundreds of…

By – Rachel Moore
America March 31, 2026
Isometric Workouts Gain Attention as Time-Efficient Path to Better Health

For many people, fitness conjures images of long hours spent running on treadmills, powering through burpees or lifting heavy weights.…

By – Tyler Brooks
America March 30, 2026
How Much Screen Time Is Safe for Kids Under Five?

New government guidance recommends that children under five should spend no more than one hour a day on screens, while…

By – Tyler Brooks
America March 27, 2026
New Therapies Offer Hope for Lasting Relief From Hay Fever

A new generation of treatments is renewing hopes that seasonal allergies could one day be controlled at their source, rather…

By – Tyler Brooks
America April 2, 2026
Judge Allows Tiger Woods to Travel Abroad for Medical Treatment

A judge in Florida on Wednesday approved a request from Tiger Woods to leave the United States and seek care…

By – Tyler Brooks
International April 1, 2026
Italy Misses Third Consecutive World Cup After Shootout Loss to Bosnia-Herzegovina

Italy, four-time World Cup champions, will not feature at this year’s tournament after a heartbreaking penalty shootout defeat to Bosnia-Herzegovina,…

By – Tyler Brooks
America March 28, 2026
Men’s March Madness Elite 8 Delivers High-Stakes Drama as Title Race Tightens

The madness is reaching its boiling point. The Men’s March Madness Elite 8 has arrived, trimming the 2026 NCAA Tournament…

By – Rihem Akkouche
America March 12, 2026
The World Cup Security Reckoning: Trump Warns Iran Soccer Team About Safety As War Tensions Spill Into Global Sports

By Samuel A. Lopez | USA Herald – A short Truth-Social post from President Donald Trump on Thursday morning is now…

By – Samuel Lopez
America March 8, 2026
Late-Night Attack by Venezuelan National at Florida Beach

A Late-night attack by a Venezuelan National has left a Florida community shaken after authorities say a 26-year-old man ambushed…

By – Jackie Allen
America March 8, 2026
Trump’s War in Iran: Congress Confronts Escalation After U.S. Strikes

Trump’s War in Iran  was triggered open conflict, casualties, and renewed constitutional debate in Washington. The crisis intensified following reports…

By – Jackie Allen

No posts found.

No posts found.

No comments No comments yet. Be the first to comment!

Signup for the USA Herald
exclusive Newsletter