Amazon and the Federal Trade Commission are squaring off in a long-awaited trial over whether the company duped users into paying for Prime memberships.
The lawsuit, filed by the FTC in June 2023 under the Biden administration, alleges that Amazon deceived tens of millions of customers into signing up for its Prime subscription program and sabotaged their attempts to cancel it. Amazon has denied any wrongdoing.
The trial is being held in a federal court in Seattle, Amazon’s backyard. Jury selection began Monday and opening arguments are slated for Tuesday, with the trial expected to last about a month.
Launched in 2005, Amazon’s Prime program has grown to become one of the most popular subscription services in the world, with more than 200 million members globally, and it has generated billions of dollars for the company. Membership costs $139 a year and includes perks like free shipping and access to streaming content. Data has shown that Prime members spend more and shop more often than non-Prime members.
Amazon founder and executive chairman Jeff Bezos famously said the company wanted Prime “to be such a good value, you’d be irresponsible not to be a member.”
Regulators argue that Amazon broke competition and consumer protection laws by tricking customers into subscribing to Prime. They pointed to examples like a button on its site that instructed users to complete their transaction and did not clearly state they were also agreeing to join Prime for a recurring subscription.
“Millions of consumers accidentally enrolled in Prime without knowledge or consent, but Amazon refused to fix this known problem, described internally by employees as an ‘unspoken cancer’ because clarity adjustments would lead to a drop in subscribers,” the agency wrote in a court filing last week.
The FTC says that the cancellation process is equally confusing, requiring users to navigate four webpages and choose from 15 options — a “labyrinthian mechanism” that the company referred to internally as “Iliad,” referencing Homer’s epic poem about the Trojan War.
Amazon has argued that the Prime sign up and cancellation processes are “clear and simple,” adding that the company has “always been transparent about Prime’s terms.”
“Occasional customer frustrations and mistakes are inevitable — especially for a program as popular as Amazon Prime,” the company wrote in a recent court filing. “Evidence that a small percentage of customers misunderstood Prime enrollment or cancellation does not prove that Amazon violated the law.”
A crackdown on ‘dark patterns’
The FTC notched an early win in the case last week when U.S. District Court Judge John Chun ruled Amazon and two senior executives violated the Restore Online Shoppers’ Confidence Act by gathering Prime members’ billing information before disclosing the terms of the service.
Chun also said that the two senior Amazon executives would be individually liable if a jury sides with the FTC due to the level of oversight they maintained over the Prime enrollment and cancellation process.
Amazon’s Prime boss Jamil Ghani and Neil Lindsay, a senior vice president in its health division who previously oversaw Prime’s technology and business operations, are named defendants in the complaint.
Russell Grandinetti, Amazon senior vice president of international consumer, is also named in the suit, but Chun argued he had “less involvement in the operation of the Prime organization” compared to Ghani and Lindsay.
Chun also scolded attorneys for Amazon in July for withholding thousands of documents from the FTC and abusing a legal privilege to shield them from scrutiny. Among the documents was a 2020 email where Amazon’s retail chief Doug Herrington said “subscription driving” was a “shady” practice and referred to Bezos as the company’s “chief dark arts officer.”
Representatives from Amazon didn’t immediately respond to a request for comment.
Amazon also faces a separate lawsuit brought by the FTC in 2023 accusing it of wielding an illegal monopoly. That case is set to go to trial in February 2027.
The Prime case is part of the FTC’s broader crackdown on so-called “dark patterns,” which it began examining in 2022. The phrase refers to deceptive design tactics meant to steer users toward buying products or services or giving up their privacy.
The agency brought a similar dark patterns lawsuit against Uber in April, accusing the ride-hailing and delivery company of deceptive billing and cancellation practices tied to its Uber One subscription service. Uber has disputed the FTC’s allegations.
Earlier this year, it reached settlements with online dating service Match and online education firm Chegg over claims that their subscription practices were deceptive or hard to cancel.
Direxion signage at the New York Stock Exchange (NYSE) in New York, US, on Monday, Dec. 22, 2025. The holiday-shortened week started with gains in stocks amid a broad advance that saw a continuation of the bullish momentum on Wall Street.
Michael Nagle | Bloomberg | Getty Images
Motive, a company with software for managing corporate trucks and drivers, on Tuesday filed for an initial public offering on the New York Stock Exchange under the symbol “MTVE.”
The paperwork puts Motive among a fast-growing group of tech companies looking to go public in 2026. Anthropic, OpenAI and SpaceX have all reportedly considered making their shares widely available for trading next year.
Motive is smaller, reporting a $62.7 million net loss on $115.8 million in revenue in the third quarter. The loss widened from $41.3 million in the same quarter of 2024, while revenue grew about 23% year over year. The company had almost 100,000 clients at the end of September.
Ryan Johns, Obaid Khan and Shoaib Makani started Motive in 2013, originally under the name Keep Truckin. Makani, the CEO, is Khan’s brother-in-law.
Investors include Alphabet’s GV, Base10 Partners, Greenoaks, Index Ventures, Kleiner Perkins and Scale Venture Partners.
Motive’s AI Dashcam device for detecting unsafe driving “has prevented 170,000 collisions and saved 1,500 lives on our roads,” Makani wrote in a letter to investors. Most revenue comes from subscriptions, although Motive does sell replacement hardware and professional services.
The San Francisco company changed its name to Motive in 2022, and as of Sept. 30, it employed 4,508 people. Motive employs 400 full-time data annotators who apply labels that are meant to enhance artificial intelligence models.
Motive has ongoing patent-infringement litigation with competitor Samsara, which went public in 2021 and today has a $22 billion market capitalization.
Every weekday, the CNBC Investing Club with Jim Cramer releases the Homestretch — an actionable afternoon update, just in time for the last hour of trading on Wall Street. Markets: The S & P 500 is on track for its fourth day of gains Tuesday, buoyed by strength in AI-related names. AI chipmakers and Club holdings Nvidia and Broadcom are up around 2.5% and 2%, respectively, in afternoon trading. Meanwhile, hopes that the Federal Reserve will lower interest rates in January further dimmed after stronger-than-expected economic data . The initial third-quarter GDP report, which was delayed due to the government shutdown, showed that the U.S. economy grew 4.3% in three months ended in September, beating the Dow Jones estimate of a 3.2% expansion. China truce: The Trump administration has opted to delay implementing additional tariffs on Chinese chips for at least 18 months, according to a Federal Register filing on Tuesday. The decision came after the administration concluded a trade investigation started under former President Joe Biden. The investigation determined China has “employed increasingly aggressive and sweeping non-market policies and practices in pursuing dominance” in the semiconductor industry, which has “disadvantaged U.S. companies, workers and the economy.” Despite that finding, the Trump administration said it implemented “an initial tariff level of 0 percent” on Chinese-made silicon until at least June 23, 2027. The move should help to keep trade U.S.-China tensions at bay, a positive for the broader economy and, in turn, the stock market as we head into 2026. While this move is about Chinese chips coming into the U.S., rather than U.S. restrictions on cutting edge chips going to China, the encouraging takeaway for investors is what it says about the White House’s posture toward China. Additionally, it should help with input costs for those companies that make products with Chinese chips in them in industries such as defense, medical devices and automotive. Buy the dip: Baird says weakness in Meta Platforms stock is a great opportunity for investors. After closing at a record $790 apiece on Aug. 12, shares drifted lower until late October — and then tanked in response to third-quarter earnings as investors fretted about its level of AI spending. While Meta shares bottomed a couple weeks later and have made a nice move since then, the stock is still more than 11% below its pre-earnings plunge. Year to date, Meta is up around 13.5%, trailing the S & P 500’s more than 17% advance in the same stretch. In the Tuesday note, Baird analysts encouraged clients to be “opportunistic buyers” on the dip because while there are still near-term risks to investor sentiment, expectations seem to be in a better balance compared to earlier this year. Baird cited catalysts such as better execution in Meta AI and Llama, the company’s family of large language models. The firm added, “While mixed sentiment could persist into early 2026 amid margin uncertainty, we believe the narrative can shift more constructively through the year through a possible margin-clearing event; launch of next Llama model; updates to Meta AI; ramping WhatsApp and Threads monetization, etc.” Although analysts are sticking with Meta, they did slightly lower their price target to $815 from $820 apiece. Still, the updated price target represents a 23% upside from Monday’s close and would be a new all-time high. Like Baird, we’re optimistic on Meta’s AI ambitions — and that’s why we stepped in to buy more Meta shares for the first time in three years last month during its pullback. The Facebook parent has poached top AI talent , giving the company’s TBD Labs, which oversees its large language models, an entire roster of world-class engineers. Meta also reportedly plans to make cuts to its metaverse unit, which should give the company more flexibility to put capital into faster-growing areas such as generative AI. The Club has a price target of $825 on the stock. Up next: There are no big earnings reports this evening. On the economic date front, initial jobless claims are out Wednesday at 8:30 a.m. ET. The New York Stock Exchange will close at 1 p.m. ET for Christmas Eve, and will be closed entirely on Christmas Day on Thursday. (See here for a full list of the stocks in Jim Cramer’s Charitable Trust.) As a subscriber to the CNBC Investing Club with Jim Cramer, you will receive a trade alert before Jim makes a trade. Jim waits 45 minutes after sending a trade alert before buying or selling a stock in his charitable trust’s portfolio. If Jim has talked about a stock on CNBC TV, he waits 72 hours after issuing the trade alert before executing the trade. 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A silicon wafer with chips etched into is seen as U.S. Vice President Kamala Harris tours a site where Applied Materials plans to build a research facility, in Sunnyvale, California, U.S., May 22, 2023.
Pool | Reuters
The U.S. will increase tariffs on Chinese semiconductor imports in June 2027, at a rate to be determined at least a month in advance, the Trump administration said in a Federal Register filing on Tuesday.
But in the meantime, the initial tariff rate on semiconductor imports from China will be zero for 18 months, according to the filing from the Office of the U.S. Trade Representative.
As part of an investigation that kicked off a year ago, the agency found that China is engaging in unfair trade practices in the industry.
“For decades, China has targeted the semiconductor industry for dominance and has employed increasingly aggressive and sweeping non-market policies and practices in pursuing dominance of the sector,” the office said in the filing.
The decision to delay new tariffs for at least 18 months signals that the Trump administration is seeking to cool any trade hostilities between the U.S. and China.
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Additional tariffs could also become a bargaining chip if future talks break down.
U.S. President Donald Trump and Chinese President Xi Jinping reached a truce in the so-called trade war in October, as part of a deal that included the U.S. slashing some tariffs and China allowing exports of rare earth metals.
The USTR’s Tuesday filing states that tariffs will increase on June 23, 2027.
The notice is the next step in a process focusing on older chips that started during the Biden administration under Section 301 of the Trade Act.
The new 2027 date gives clarity to American firms that have said they are closely watching how U.S. tariffs could affect their businesses or supply chains.
The tariffs are separate from other duties threatened by the Trump administration on Chinese chip imports under Section 232 of the law.