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Brazilian Public Prosecutor's Office files class action lawsuit to remove ads on Amazon Prime

The Public Prosecutor's Office of Goiás (MPGO) filed a class action civil lawsuit for consumer protection against Amazon, to prevent the insertion of ads during the programming of the Prime Video streaming platform.

“The lawsuit seeks to cease the abusive practice consisting of the insertion of advertisements that interrupt films and series during the enjoyment of the content contracted on Prime Video, with an additional charge for the removal of the ads”, explains the MPGO.

According to the Public Prosecutor Élvio Vicente da Silva, it is an abusive and illegal practice to change the existing contracts that were “without ads” to “contracts with ads”, making the removal of the advertisements conditional on the payment of R$10 (Brazilian currency).

On the merits of the lawsuit, the MP requests the adjustment of all contracts offered by the company, the confirmation of the preliminary injunctions granted, as well as the payment of compensation for collective moral damages in the amount of R$3 million (Brazilian currency).

Illegalities identified by the MPGO(Brazil)...The Public Prosecutor Élvio Vicente da Silva points out the following illegalities and irregularities in Amazon's new practices:

-unilateral alteration of the contract;

-tied sales, abusive practices and predatory strategy;

-violation of the duty of information and transparency;

-defective service and contractual imbalance;

-absolute nullity of permissive clause;

-invalidity of consent by adhesion contract;

-impossibility of early waiver of rights;

-lack of specific consent;

-violation of the principle of contractual conservation;

-lack of special protection for hypervulnerable and underprivileged consumers;

-violated collective rights.

The Public Prosecutor's Office requested that Amazon immediately suspend the broadcasting of advertisements that interrupt the display of content on Amazon Prime for subscribers who contracted the service before the implementation of the advertisements.

Furthermore, Amazon is requested to stop charging these consumers any additional amount for removing the advertisements and maintain the originally contracted price of R$19.90, and to refund double any additional amounts that consumers may have already paid for removing the advertisements.

Furthermore, the prosecutor's office requests that the company communicate in a prominent and individualized manner to all its customers about the court orders and the rights guaranteed to consumers and to offer a specific service channel for clarifications and resolution of problems related to this lawsuit (via email and on the website).

New subscribers...According to the MP, if Amazon wants to increase the price, for subscriptions with or without advertisements, it may do so for new hires, but with precise information regarding the quantity, duration and frequency of advertisements and advertisements, and the way they will be inserted (before or during videos), within 10 days.

For new subscriptions without advertisements, the company must not surprise the consumer and, on the contrary, must provide “clear information so as not to cause ambiguity or misinterpretation, informing the difference in values, within 10 days”.

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