Amazon asks judge to toss U.S. class action over Prime benefits

Amazon asked a federal judge to dismiss a proposed U.S. class action accusing it of misleading customers about the benefits of its Prime service.

Amazon.com has asked a federal judge to dismiss a proposed U.S. class action accusing the e-commerce giant of misleading customers about the benefits of its paid subscription Prime service.

Amazon said in a filing in Seattle federal court on Monday that the benefits of Prime membership are subject to change, and that Amazon has “sole discretion” to add or remove perks such as free delivery for online orders from the grocer Whole Foods Market (WFM).

The company denied violating a Washington state consumer protection law that prohibits deceptive advertising and other unfair practices. Earlier rulings in the case knocked out other claims including fraud and breach of contract.

“Amazon never guaranteed that free WFM delivery, or any other Prime benefit for that matter, would remain available,” it told U.S. District Judge Tana Lin. Amazon said Prime's terms “expressly and unequivocally” state benefits can change.

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Amazon bought Whole Foods in 2017 for $13.7 billion.

A representative for Amazon did not immediately respond to requests for comment.