Amazon Prime: Price increase was invalid, class action lawsuit in progress

The price increase in Amazon's Prime subscription service from 2022 is invalid, the Düsseldorf Regional Court has ruled following a lawsuit by the NRW consumer advice center. Amazon had unilaterally increased prices without asking users for their consent. According to the court, the corresponding price increase clause in the terms and conditions is therefore invalid.

In a statement, the NRW consumer advice center points out that the ruling of the Düsseldorf Regional Court is not yet legally binding. Amazon can therefore still lodge an appeal. Nevertheless, the consumer advice center is already preparing a class action lawsuit that all Prime customers affected by the price increase can join.

All users who already had a Prime subscription before the price increase in September 2022 and continued it afterward can take part. According to the consumer advice center, these users are entitled to a refund of the increased costs for the Prime subscription as part of the price increase –. Depending on the payment method, this amounts to 20 or 12 euros per year. Those affected can find out about the current status via the website of the NRW consumer advice center, but it is not yet possible to register for the lawsuit.

Unilateral price increase clauses again and again

Providers of subscription services must always ask customers for their explicit consent before increasing their prices. If a user does not agree, the subscription may be terminated by the provider. In the opinion of many German courts, it is not sufficient to simply inform users of the impending price increase. The consumer advice centers have already achieved success with similar proceedings against unilateral price increase clauses against companies such as Netflix, Spotify and, most recently, Sony.

Amazon had justified the increased costs for its Prime subscription with “general and significant cost changes due to inflation based on external circumstances beyond our control”. Users were informed of the impending price increase from mid-September from July. The online retailer announced that it would review the ruling of the Düsseldorf Regional Court and take legal action if necessary.

(dahe)