The Federal Trade Commission said Wednesday it does not need to delay a September trial against Amazon, reversing an attorney’s statement earlier in the day that resource shortfalls due to cost-cutting required an extension.
Jonathan Cohen, an attorney for the FTC, said he was wrong about the lack of resources in a statement addressed to US District Judge John Chun in Seattle.
“The Commission does not have resource constraints and we are fully prepared to litigate this case. Please be assured that the FTC will meet whatever schedule and deadlines the court sets,” Cohen said.
FTC Chairman Andrew Ferguson reiterated the agency’s commitment to the consumer protection case.
“I have made it clear since Day One that we will commit the resources necessary for this case. The Trump-Vance FTC will never back down from taking on Big Tech,” Ferguson said in a statement.
Earlier on Wednesday, Cohen had outlined a “dire resource situation,” describing the effect of cost-cutting measures enacted under President Trump.
“We have lost employees in the agency, in our division and on our case team,” Cohen said during the morning hearing.
Other agencies – including the Environmental Protection Agency, Department of Education and United States Agency for International Development – have faced drastic cuts under Trump advisor and Tesla CEO Elon Musk’s campaign to shrink government. The FTC, which enforces consumer protection and antitrust laws, has not seen large-scale reductions in force.
However, Cohen said at the hearing that some employees on the case took a resignation offer sent out in January, and others have resigned for other reasons, or are scheduled to be on leave during the trial, with a hiring freeze in force.
Trump signed an executive order in February forbidding government agencies to hire more than one employee for every four who leave.
The FTC accused Amazon in 2023 of using “deceptive user-interface designs known as ‘dark patterns’ to trick consumers into enrolling in automatically renewing Prime subscriptions.”
Cohen said the case over what he called the world’s largest subscription program – which Amazon says has more than 200 million subscribers worldwide – involves claims worth at least $1 billion.
Amazon has denied any wrongdoing. The lawsuit also names three of its senior executives as defendants.
Cohen cited new rules limiting FTC attorneys to buying legal proceeding transcripts on the cheapest delivery schedule, which means they may take weeks to arrive.
The Trump administration has also decided not to renew the lease on the building where most FTC attorneys work, so staff may be required to move offices in the middle of trial preparation, Cohen said. Travel accounts for FTC staff have been limited, he said.
“If you are in crisis now as far as resources, how are things going to be different in two months?” Chun asked.
“I cannot guarantee that things won’t be even worse,” Cohen replied. But he said a delay would relieve strain on attorneys.
Amazon attorney John Hueston had urged the judge not to reschedule, saying trial attorneys come and go in every case, “DOGE or no DOGE,” referring to Musk’s Department of Government Efficiency.
