Forced retention of payment methods: Difference between revisions

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A class-action lawsuit is currently pending against Amazon for enrolling customers into Audible and charging them the $14.95 monthly subscription fee without notice or consent. Grace Sherk, the plaintiff, claims this act by Amazon was only possible due to the company holding customers' payment and billing information by default<ref>{{Cite web |date=2025-04-23 |title=Amazon Audible faces class action over unauthorized subscriptions |url=https://topclassactions.com/lawsuit-settlements/lawsuit-news/amazon-audible-faces-class-action-over-unauthorized-subscriptions/ |website=Top Class Actions}}</ref>. When combined with Audible's failure to enact [[click-to-cancel]], customers' were locked into monthly payments until they could resolve the issue with customer service.

~~==Legal framework==~~

==References==

~~===Article 6 and 17 of the General Data Protection Regulation (GDPR)===~~

In the UK and EU, these articles define the lawfulness of processing and the right to erasure. If a user requests the removal of stored financial data and the platform refuses unless a new payment method is provided, this may violate both articles.

~~===Article 12 of the GDPR===~~

This article requires that any interface related to data control be concise, transparent, intelligible and easily accessible. In one case, PayPal delayed the display of the “automatic payments” menu using asynchronous loading scripts. This made the cancellation option harder to find and act upon.

~~===Article L133-8 of the French Monetary and Financial Code===~~

This provision states that any pre-authorized payment must remain revocable at any time before execution. In the case involving PayPal and Cdiscount, the user could not cancel the agreement even though no ongoing service or debt existed.

~~===Article L121-1 of the French Consumer Code===~~

~~This article prohibits misleading commercial practices. Automatically creating a billing agreement without explicit consent or visible contract may fall under this category.~~

~~===Directive 2011/83/EU on consumer rights===~~

~~This directive requires that any information related to billing, subscriptions or renewals be provided in a clear and accessible way. In all examples cited, such information was absent or concealed.~~

== References ==

[[Category:Common terms]]

@@ Line 23: / Line 23: @@
 A class-action lawsuit is currently pending against Amazon for enrolling customers into Audible and charging them the $14.95 monthly subscription fee without notice or consent. Grace Sherk, the plaintiff, claims this act by Amazon was only possible due to the company holding customers' payment and billing information by default<ref>{{Cite web |date=2025-04-23 |title=Amazon Audible faces class action over unauthorized subscriptions |url=https://topclassactions.com/lawsuit-settlements/lawsuit-news/amazon-audible-faces-class-action-over-unauthorized-subscriptions/ |website=Top Class Actions}}</ref>. When combined with Audible's failure to enact [[click-to-cancel]], customers' were locked into monthly payments until they could resolve the issue with customer service.
-==Legal framework==
+==References==
-===Article 6 and 17 of the General Data Protection Regulation (GDPR)===
-In the UK and EU, these articles define the lawfulness of processing and the right to erasure. If a user requests the removal of stored financial data and the platform refuses unless a new payment method is provided, this may violate both articles.
-===Article 12 of the GDPR===
-This article requires that any interface related to data control be concise, transparent, intelligible and easily accessible. In one case, PayPal delayed the display of the “automatic payments” menu using asynchronous loading scripts. This made the cancellation option harder to find and act upon.
-===Article L133-8 of the French Monetary and Financial Code===
-This provision states that any pre-authorized payment must remain revocable at any time before execution. In the case involving PayPal and Cdiscount, the user could not cancel the agreement even though no ongoing service or debt existed.
-===Article L121-1 of the French Consumer Code===
-This article prohibits misleading commercial practices. Automatically creating a billing agreement without explicit consent or visible contract may fall under this category.
-===Directive 2011/83/EU on consumer rights===
-This directive requires that any information related to billing, subscriptions or renewals be provided in a clear and accessible way. In all examples cited, such information was absent or concealed.
-== References ==
 [[Category:Common terms]]
 <references />