Judge Rules for Amazon in Lawsuit Over Alleged Disclosure of User Information

A sign is seen outside of an Amazon store at the company's headquarters in Seattle, in a file photograph. David Ryder/Getty Images

Amazon won its bid to have a lawsuit dismissed, with a judge finding that the plaintiffs did not provide evidence that the company disclosed their information.

Several Amazon users sued in 2023, alleging that personally identifiable data was disclosed by Amazon Services to its parent company and to third parties, in violation of federal and Washington law.

U.S. District Judge James Robart ruled on Sept. 3 that the plaintiffs did not show that the company actually disclosed the data.

“With respect to Amazon Services’s alleged disclosures to other Amazon affiliates, Amazon is correct that Plaintiffs allege, at most, the mere possibility that information could be disclosed to those affiliates, rather than that Amazon Services had in fact made such disclosures,” Robart said in the 11-page decision.

The plaintiffs stated that Amazon Services has data it collects from consumers and that Amazon is given access to the data. But access doesn’t equal disclosure, according to the judge.

Plaintiffs also relied on Amazon Prime Video’s terms of use for their allegations that information was relayed to outside entities. The terms of use state that Amazon Services “may provide information about your viewing behavior to third parties.”

That means that the claim is merely possible, not plausible, warranting dismissal, according to Robart.

The judge said the plaintiffs could file an updated complaint for the disclosure allegations, which allege violations of the Video Privacy Protection Act.

Amazon and a lawyer representing the plaintiffs did not return requests for comment.

Plaintiffs had cited several cases to support their complaint but those cases all involved actual disclosure of information, not the mere possibility, the judge said. He said the case is actually similar to several previous cases against Sony Computer Entertainment America and Microsoft that were tossed because of a lack of evidence disclosure.

However, the plaintiffs’ allegations that Amazon violated a state law that aims to protect consumers were thrown out, and the plaintiffs are not allowed to bring them again, Robart ruled.

Even if plaintiffs had shown that disclosure of their data happened and that the disclosure caused or was likely to cause them substantial injury, that injury would have been avoidable because the possibility of disclosure is part of Amazon’s terms and conditions, the judge said.

“All plaintiffs had to do to avoid the alleged injury was read the terms and conditions and choose not to use Amazon’s services,” he wrote.

Robart also denied a request to add a claim for invasion of privacy, because the case did not allege disclosure to the public at large.