BGH rules: Amazon Prime price increase in 2022 was unlawful

Amazon Prime customers receive free delivery on certain goods. They can also stream films or documentaries and access a special database. The offer is very popular. An estimated 17 million customers now use Amazon Prime in Germany. Four years ago, in September 2022, Amazon increased prices.

The monthly fee rose from 7.99 euros to 8.99 euros. The annual fee was also increased - without asking customers for consent. At the time, Amazon justified the price increase with increased costs for the company, said Iwona Husemann, legal officer at the North Rhine-Westphalia Consumer Center.

"Amazon referred to clauses here and said: 'We are allowed to do that. We have a price adjustment clause, so we are allowed to adjust prices. And we don't even have to ask you whether you agree because we have a second clause.' The consent is faked," said Husemann. "And then we said: It doesn't work that way."

Consumer advocates sued

The consumer advice center of North Rhine-Westphalia sued Amazon. She considers the clauses to be unlawful because they are incomplete and misleading. The clauses do not clearly state how the customer can react to a price increase, i.e. what rights he can then assert, according to lawyer Peter Wassermann, who represented the consumer advice center before the Federal Court of Justice (BGH).

"Is it enough for him to say 'I don't accept them' so that the contract continues under the previous conditions? Or does he have to terminate with the consequence that the contractual relationship ends or he can only receive the services under the changed conditions? This is not clear from the context of the clauses," says Wassermann.

BGH: Price increase was unlawful

The BGH followed this argument. According to the judges, Amazon did not formulate clearly and understandably enough what rights a customer has when prices are raised. This means: The price increases four years ago were not permitted, they were illegal. The result is that all Amazon Prime customers can demand money back. How much depends, among other things, on whether you pay monthly or annual contributions.

If customers want to claim repayment, they have two options, according to Iwona Husemann from the North Rhine-Westphalia Consumer Center. "You can assert your claim once under individual law. However, you have to take into account the statute of limitations. You can only go back three years and assert the claims of the past three years individually against Amazon. The second option that exists is that you join the class action lawsuit that we as a consumer center have filed. This then goes back to the price increase."

Consumer advocates recommend class action lawsuits

Husemann advises customers to join the class action lawsuit. This is the easiest solution for those affected. To do this, customers must register in a special lawsuit register.

According to information from the dpa news agency, Amazon has announced that it will temporarily adjust the Prime contribution for customers whose membership began before September 15, 2022 and has remained unchanged since then. “We will inform the relevant members about the current status before their next payment date,” said an Amazon spokeswoman. Fees that have already been paid are the subject of a separate procedure.

File number: III ZR 205/25