Amazon Prime Video: Advertising without legal basis – take class action

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Written By Kampretz Bianca

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Starting Monday, February 5, 2024, Amazon Prime videos contain advertising. If you want to continue watching films and series without advertising, you will have to pay an additional 2.99 euros per month. test.de considers advertising a price increase. This is only permitted with the customer’s consent. The Federal Court of Justice has already decided this in several constellations. The Berlin Court of Appeal recently ruled: Spotify and Netflix do not have the right to change prices unilaterally. Lawyers at Stiftung Warentest are convinced that Amazon also does not have the right to include advertising on Prime Video without the customer’s consent.

Further deterioration with Amazon Prime Video: The currently standard subscription of 8.99 euros per month or 89.90 euros per year no longer includes Dolby Atmos and Dolby Vision. It has Heise online found. 5.1 surround sound remains. Dolby Atmos sound, which has been expanded to include height channels, and Dolby Vision image optimization for suitable devices are only available with the additional ad-free subscription for 2.99 euros, Amazon confirmed to colleagues at Heise.de.

Possibility of refund of 2.99 euros per month

According to our lawyers and colleagues at Saxony Consumer Center, the proceeds from displaying illegal advertising are, by law, unjust enrichment that Amazon must give to its customers. They think: the company has to reimburse them at least 2.99 euros per month as long as the contract lasts and they can no longer watch films without advertising. The ability to display advertising through Amazon is definitely worth a lot based on the company’s pricing. Lawyers at the Saxony Consumer Center are of the opinion: there is more to it than that. They demand a refund of half of the Amazon fees for customers who have not contracted the new additional ad-free subscription for 2.99 euros per month. In his opinion, customers who pay for advertising freedom are entitled to a refund of 2.99 euros per month.

Amazon without insights

test.de asked Amazon and highlighted its view on the legal situation. The company maintains its stance: Amazon Prime customers receive advertising on their screens even without their consent when using Prime Video. After all: “Our goal is to show significantly less advertising than traditional TV providers and other video streaming services,” a company spokeswoman wrote to us. When asked again by test.de, one of her colleagues confirmed: It’s just advertising. Several Amazon Prime subscribers reported to us that Amazon customer service had promised them that they would not continue to run advertising, even without an additional feature. So far, no advertising has actually been shown.

How to request removal of advertising from Amazon Prime Video

Are you an Amazon Prime customer and want to protect yourself from advertising and/or guarantee the opportunity to earn 2.99 euros per month? You can participate in the class action lawsuit filed by Saxony Consumer Center as described in the next paragraph, or request that it stop advertising. Our letter template help you with this. Experience so far shows: Amazon rejects the demand.

Share your experiences with us

If you take action against Amazon because of this price increase, please contact us and tell us about your experiences (finanztest@stiftung-warentest.de). Of course, we will treat your information confidentially.

Register for a class action quickly and easily

The Saxon Consumer Center’s class action now offers you the chance to get justice very easily and with minimal effort. From now on, those affected can contact us the online form from the Federal Secretariat of Justice register for proceedings before the Bavarian Supreme Court. This is self-explanatory so far. Write in “VI. Subject and reason for the claim or legal relationship” in the sense:
“I have been (or if known: month and year of subscription start) Amazon Prime subscriber. I use the email address to register My email address. I took advantage of Amazon’s offer to be able to watch Amazon Prime series and films without advertising after paying 2.99 euros per month after February 5, 2024 (if applicable: no) assumed. I am of the opinion that the change in conditions was illegal and I demand the refund of contributions unduly collected and the return of any unjustified enrichment.”
For more details on this and all other class action lawsuits, please visit: test.de/action collective.

Possible termination

Of course: just as you have the right to cancel your Prime subscription, Amazon can also terminate its contract with you. Sooner or later, you will probably face dismissal if you insist on your right to continue using Amazon Prime Video without seeing ads or having to pay more. However, as far as we know, Amazon has not yet announced any terminations.

Multimedia topics on test.de

Televisions, soundbars, projectors – you can always find new tests on the topic page TV and cinema at home. And everything about streaming, applications and online services on the topic page Streaming and apps.

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