The Mercury News Weekend

Prime’s long cancellati­on process under review

Groups say process should be as easy as signing up

- By Isabella Kwai

London >> Those who have tried ending a membership in Amazon Prime, the technology giant’s digital subscripti­on service, may be familiar with the multi-click process: warnings that cancellati­on will mean losing “exclusive benefits,” and prompts to reverse course, or switch to an annual membership instead.

Consumer rights groups in Europe and the United States are now urging regulators to take action against Amazon over that Prime design feature, saying it manipulate­s users into sticking with paid membership­s.

A Norwegian consumer rights group on Thursday filed a legal complaint with that country’s regulators accusing Amazon of engaging in unfair commercial practices with the Prime cancellati­on design, the latest move in a broader push to make tech companies more accountabl­e to users.

“It should be as easy to end a subscripti­on as it was to subscribe in the first place,” said Finn LutzowHolm Myrstad, director of digital policy for the rights group, the Norwegian Consumer Council. “This practice not only betrays the expectatio­ns and trust of consumers but breaches European law.”

The move was welcomed Thursday by consumer rights advocates in Europe, some of whom said they had filed their own complaints, and in the United States.

Ekpizo, a consumer organizati­on in Greece that said it had lodged complaints with regulators there after hearing from consumers, said the design of the Prime cancellati­on process was “a deliberate effort by Amazon to confuse and mislead its customers.”

In France, UFC-Que Choisir, the country’s biggest consumer protection group, expressed support for the Norwegian complaint. One of Germany’s biggest consumer protection groups, VSBV, said it was willing to join the action against Amazon, but was still studying whether German customers faced similar hurdles.

In the United States, Public Citizen, a nonprofit consumer group, said it had written to the Federal Trade Commission asking it to investigat­e whether the cancellati­on policy violated the Federal Trade Commission Act.

“Amazon should treat customers with respect instead of trying to undermine their autonomy and fight their decisions,” said Burcu Kilic, director of the group’s digital rights program.

Amazon said it rejected claims that the cancellati­on process created uncertaint­y.

“We make it easy for customers to leave whenever they choose to,” the company said in a statement Thursday, adding that there were several ways to cancel online or with a phone call. Informatio­n provided during the cancellati­on process “gives a full view of the benefits and services members are canceling,” the company said.

Consumer rights advocates said that the technique employed by Amazon exemplifie­s the “dark patterns” used on websites and apps to encourage people to do things they would not other

wise do. Tech companies like Amazon, they said, held immense sway over consumers.

The techniques can include tacking travel insurance onto flights, encouragin­g people to accept a legal agreement or signing up for marketing emails, said Harry Brignull, an expert in deceptive online practices who coined the term “dark patterns” in 2010. Once designed, the techniques can easily be deployed for all users, he said.

A recent survey of 1,000 people conducted by the Norwegian Consumer Council found that 1 in 4 reported difficulti­es unsubscrib­ing from digital content services.

Techniques used to keep users signed up to Amazon Prime included complicate­d navigation panels and skewed wording that framed membership cancellati­ons as negative, said Myrstad of the Norwegian consumer group. “They’re used to evoke emotions in you. People are afraid of losing something. They play on your fears.”

Though he called the tactics manipulati­ve, Brignull said it was unclear whether they were illegal. The new California Privacy Rights Act, for example, specifies that an “agreement obtained through use of dark patterns does not constitute consent,” but it’s unclear how that might applied.

The effort by the consumer groups comes as tech companies like Amazon, Google, Facebook and Apple are grappling with a barrage of criticism and lawsuits.

In the United States, the Justice Department has accused Google of illegally protecting its monopoly over search, while federal and state regulators have sued Facebook for buying up its rivals to dominate social media. In Europe, lawmakers and regulators are drafting regulation­s aimed at limiting the four companies’ power.

Over a dozen consumer rights groups across Europe and the United States have worked together to raise concerns with regulators about major technology companies, said Ursula Pachl, deputy director-general of the European Consumer Organizati­on, an umbrella organizati­on representi­ng groups in 32 countries.

 ?? STEVEN SENNE — THE ASSOCIATED PRESS ARCHIVES ?? Consumer rights groups in the United States and Europe say customers who try to cancel their Amazon Prime membership are manipulate­d into keeping their paid membership because of the lengthy terminatio­n process.
STEVEN SENNE — THE ASSOCIATED PRESS ARCHIVES Consumer rights groups in the United States and Europe say customers who try to cancel their Amazon Prime membership are manipulate­d into keeping their paid membership because of the lengthy terminatio­n process.

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