fbpx

Amazon Digital Content Sales Can Be Pulled Later New York Class Action

Amazon.com, Inc. allows consumers to “buy” digital content, including movies, music, and television or cable shows. But the complaint for this class action alleges that most of the digital content “bought” from Amazon will not stay bought. According to the complaint, when Amazon’s licensing agreements with the real owner of the content expire, the content will be removed from the consumers’ folders and will no longer be available to them.

The class for this action is all persons who bought digital content from Amazon within New York from the beginning of the applicable statute of limitations through the class certification and trial of this case.

Amazon is the largest online retailer. Through its website or Prime Video App, Amazon allows consumers to “buy” movies, music, and television or cable shows. It also allows them to rent movies.

To buy the content instead of rent it, consumers click the Buy button and pay the required fee. The content that has been “bought” is them put into a folder—a Video Purchases & Rentals folder for movie and television content or a Music Library folder for music content.

However, the complaint for this class action alleges that unless this content is owned outright by Amazon itself, it cannot be truly sold to consumers.

Most of the digital content for sale, the complaint alleges, is actually merely licensed to Amazon for a period of time. When the licensing agreement between Amazon and the real owner of the content expires, the complaint claims, Amazon is required to pull the content from the folders of the consumer who “bought” it, so that they no longer have access to it. The consumers do not receive any refund or reimbursement for the loss of the content they believed they had bought.

Best Buys, Targets, and other such stores can sell copies of content to consumers, the complaint says, but Amazon’s “licensing arrangements prevent it from ever being able to pass title to Digital Content it claims it ‘sells’ to consumers. Moreover, [Amazon’s] sale of Digital Content, which it does not actually own, is made more egregious because, as demonstrated below, Amazon charges just as much for that content, at times even more so, than stores that actually transfer title of the Digital Content to its customers, which access can never be revoked.”

According to the complaint, then, Amazon is misleading customers into thinking that they can buy, and permanently have, digital content, while it is actually willing and able to pull that content from them at any time without warning or compensation. It does this, the complaint claims, because if it called the transaction a “sublicensing agreement” or the like instead of a sale, it could not charge consumers as much for it.

The complaint alleges that Amazon’s “product and digital media sales for the year ended December 31, 2020 were over $197 billion.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Amazon Digital Content Sales Can Be Pulled Later New York Complaint

November 19, 2021

Amazon.com, Inc. allows consumers to “buy” digital content, including movies, music, and television or cable shows. But the complaint for this class action alleges that most of the digital content “bought” from Amazon will not stay bought. According to the complaint, when Amazon’s licensing agreements with the real owner of the content expire, the content will be removed from the consumers’ folders and will no longer be available to them.

Amazon Digital Content Sales Can Be Pulled Later New York Complaint

Case Event History

Amazon Digital Content Sales Can Be Pulled Later New York Complaint

November 19, 2021

Amazon.com, Inc. allows consumers to “buy” digital content, including movies, music, and television or cable shows. But the complaint for this class action alleges that most of the digital content “bought” from Amazon will not stay bought. According to the complaint, when Amazon’s licensing agreements with the real owner of the content expire, the content will be removed from the consumers’ folders and will no longer be available to them.

Amazon Digital Content Sales Can Be Pulled Later New York Complaint
Tags: Deceptive Advertising, Item "Bought" Is Only Licensed