Lawsuit against Prime Video ads shows perils of annual streaming subscriptions

Enlarge / Priyanka Chopra (left) and Richard Madden (right) in the Prime Video original series Citadel.

Streaming services like Amazon Prime Video promote annual subscriptions as a way to save money. But long-term commitments to streaming companies that are in the throes of trying to determine how to maintain or achieve growth typically end up biting subscribers in the butt—and they’re getting fed up.

As first reported by The Hollywood Reporter, a lawsuit seeking class-action certification [PDF] hit Amazon on February 9. The complaint centers on Amazon showing ads with Prime Video streams, which it started doing for US subscribers in January unless customers paid an extra $2.99/month. This approach differed from how other streaming services previously introduced ads: by launching a new subscription plan with ads and lower prices and encouraging subscribers to switch.

A problem with this approach, though, as per the lawsuit, is that it meant that people who signed up for an annual subscription to Prime Video before Amazon’s September 2023 announcement about ads already paid for a service that’s different from what they expected.

And that’s not the only risk people face when opting-in to a yearlong relationship with streaming services these days.

Paying extra “for something they already paid for”

The lawsuit recently filed against Prime Video names California resident Wilbert Napoleon as a plaintiff and argues that Amazon’s advertisements for Prime Video made “reasonable consumers” think that they would get ad-free movie and TV-show streaming for the duration of their subscription.

The lawsuit reads:

Reasonable consumers expect that, if you purchase a subscription with ad-free streaming of movies and tv shows, that the ad-free streaming for movies and tv shows is available for the duration of the purchased subscription.

… however, Plaintiff and class members’ reasonable expectations were not met. Instead of receiving a subscription that included ad-free streaming of [TV] shows and movies, they received something worth less.

Napoleon bought an annual subscription to Prime Video in June 2023, per the court filings. The lawsuit accuses Amazon of falsely advertising Prime Video.

“Subscribers must now pay extra to get something that they already paid for,” the lawsuit says.

The idea of expectations not being met is common for streaming customers. That said, the lawsuit hasn’t gotten far enough yet where we should expect big changes to Prime Video or financial penalties for Amazon. Changing the user experience mid-deal is aggravating for customers, but Prime Video’s terms of use claim that Amazon maintains the right to diminish the value of Prime Video:

Offers and pricing for subscriptions (also referred to at times as memberships), the subscription services, the extent of available Subscription Digital Content, and the specific titles available through subscription services, may change over time and by location without notice (except as may be required by applicable law).

But there’s still a broader point to be made around streaming services trying to lure people into yearlong commitments knowing that the product they offer today might drastically change over the next 12 months.

Amazon, for example, announced that it would bring commercials to Prime Video in September and didn’t confirm when it would introduce ads until December, about a month ahead of the changes. Yet, Amazon reportedly had plans to bring ads to the service as early as June, per a report from The Wall Street Journal that cited anonymous “people familiar with the situation.” Despite these reported plans to alter the user experience significantly, Amazon continued to sell annual subscriptions to Prime Video. For months, people were committing to something that they expected would include commercial-free viewing, which used to be a popular draw of Prime Video compared to rival streaming services.

Prime Video also seemingly didn’t give a heads-up that it was removing Dolby Vision and Dolby Atmos support unless subscribers agreed to pay $2.99 more per month for an ad-free plan.

Amazon declined to comment on this story. Lawyers for the lawsuit filed against Amazon didn’t respond to a request for comment.

 

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