The FTC and 22 states have sued Amazon, alleging a hidden ad-auction scheme overcharged about 1.2 million sellers by more than $20 billion.

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The Federal Trade Commission and attorneys general from 22 states sued Amazon on August 31, alleging the company secretly rigged its advertising auctions for more than seven years, overcharging roughly 1.2 million sellers and brands by more than $20 billion. Millions of the retirees and near-retirees who read this site shop on Amazon almost daily, and many run small side businesses selling on the platform to supplement Social Security. The lawsuit’s central claim is that Amazon’s hidden pricing scheme raised costs across the marketplace, costs that get passed down to shoppers, including those living on a fixed income.

What the FTC’s Complaint Against Amazon Alleges

According to the Federal Trade Commission’s August 31 announcement, the complaint alleges that Amazon told advertisers for years it ran a standard “second price” auction, in which the winning bidder pays only one cent more than the next-highest bid. In practice, the FTC alleges, Amazon quietly began adding an undisclosed surcharge to that price starting in 2019, a change one internal Amazon document reportedly called a “soft reserve price.” The complaint alleges that by 2024, Amazon’s Sponsored Products advertisers were charged the full amount of their own bid, rather than the lower second-place price, roughly 80% of the time, up from 30% to 40% in 2021.

The FTC was joined by the attorneys general of Alaska, Arizona, California, Colorado, Florida, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Nebraska, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Vermont and Washington. The complaint was filed in the U.S. District Court for the Western District of Washington, and the Commission’s vote to authorize the filing passed 2-0. Amazon has publicly disputed the allegations, arguing that advertisers set bids based on campaign performance rather than auction mechanics and that its average winning ad bids fell over the period in question. Nothing in the case has been proven, and a federal judge has not yet ruled on the merits.


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The “Invented Auction Participant” Behind the Alleged Surcharge

The heart of the FTC’s case is a mechanism the complaint describes as an “invented auction participant.” Rather than letting a real competing bid set the second-place price, the agency alleges Amazon calculated its own “proxy 2nd price” and inserted it into the auction, functionally a shill bid that pushed prices higher without a genuine competitor driving the increase. The complaint quotes an unnamed Amazon executive describing the arrangement internally as a way to obtain prices “beyond what could be achieved through advertiser competition.” Advertisers, believing they were still bidding in a fair second-price auction, reportedly continued placing bids far above what they would have offered had they known the true pricing structure, according to the FTC’s allegations.

The complaint further alleges that Amazon timed and calibrated these surcharges carefully, ramping them up ahead of high-volume shopping periods like Prime Day and Black Friday while working to keep the change hidden from the public and from advertisers who asked directly whether Amazon’s auction format had changed. If those allegations hold up in court, the practical effect for shoppers is straightforward: sellers who pay more to advertise on Amazon generally build that cost into what they charge for the product itself, whether it is a kitchen gadget, a supplement, or a piece of home medical equipment an older shopper orders regularly.

Why More Than 1.2 Million Advertisers Are at the Center of the Case

The FTC’s press release states that Amazon’s alleged conduct touched more than one million brands and sellers, including over 500,000 small and medium-sized businesses that bid on Sponsored Products, Sponsored Brands, and Display ad placements. Reporting on the complaint puts the total figure closer to 1.2 million advertising customers and estimates the alleged overcharge at more than $20 billion extracted from those businesses over the life of the scheme. A meaningful share of small Amazon sellers are retirees or people approaching retirement who run modest storefronts to stretch a pension or Social Security check, and for those sellers, an advertising bill that runs 20% to 40% higher than expected, quietly, year after year, can be the difference between a side business that pays for groceries and one that loses money.

The FTC’s complaint also states that Amazon understood the risk of advertisers finding out. Internal documents cited in the filing reportedly warned that disclosure would cause “irrevocable damage to advertiser trust” and trigger a “downward spiral” as advertisers lowered their bids in response. That internal awareness is a factual allegation in the lawsuit, not a proven fact, but it is central to why the FTC brought a deception claim rather than simply arguing the prices themselves were unfair.

What Happens Next in the Amazon Ad Case

Because this is a newly filed complaint rather than a settlement, no penalty, refund, or corporate admission exists yet, and none should be expected soon. Federal antitrust and consumer-protection cases of this size typically take one to several years to reach trial or settlement, and Amazon has already signaled it will contest the claims. Advertisers who believe they were affected do not need to file anything at this stage; there is no claims process open, and any eventual restitution would depend on the outcome of the litigation or a future settlement. Shoppers who want to track the case can follow updates directly through the FTC’s own case page for Amazon rather than relying on secondhand summaries, since the details, including damages figures, could shift as the litigation proceeds.

For readers focused on their own budgets rather than the courtroom fight, the more immediate lesson is a familiar one: prices on any single-vendor marketplace, even a marketplace as large as Amazon, are shaped by fees and mechanics that are not always visible to the shopper or the seller. Comparing prices across at least one other retailer before a large purchase, and watching seller-side advertising costs for those who run a small storefront, remains a reasonable habit regardless of how this particular case is ultimately resolved.

This article was produced with the assistance of AI and reviewed by The Financial Wire editorial team.

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