Amazon to Pay $62M to Settle With FTC Over Driver Deception Allegations

Amazon will pay about $62 million to settle allegations that it deceived Amazon Flex drivers about promised tips 2016-19, the FTC announced with a 4-0 vote Tuesday. The company allegedly withheld about $62 million from drivers and started delivering all promised tips only when it learned of an agency investigation in 2019. Amazon stopped paying drivers the “promised rate of $18-25 per hour plus the full amount of customer tips" and started giving them "a lower hourly rate,” the agency alleged. The platform didn’t tell drivers about the change, despite promises they would earn 100% of tips, the agency said: “Amazon used the customer tips to make up the difference between the new lower hourly rate and the promised rate.” Acting Chair Rebecca Kelly Slaughter and Commissioner Noah Phillips were pleased that drivers will get “every dollar” back, saying agency authority can be improved: “Congress can give us direct penalty authority to deter deception aimed at workers in the internet-enabled gig economy and rulemaking authority under the Administrative Procedure Act to address systemic and unfair practices that harm those workers.” The threat of civil penalties will deter wrongdoing, they said. Commissioner Rohit Chopra said he agrees with them that “preying on workers justifies punitive measures far beyond the restitution provided here, and I believe the FTC should act now to deploy dormant authorities to trigger civil penalties and other relief in cases like this one.” Amazon fielded hundreds of complaints after the change “as drivers became suspicious when their overall earnings decreased,” the FTC said. Complainants received Amazon responses falsely claiming they were still making 100% of tips, the agency said. Amazon returned to paying drivers the full amount in August 2019, the agency said. The company is barred from making such changes again without receiving the driver’s informed consent. "While we disagree that the historical way we reported pay to drivers was unclear, we added additional clarity in 2019 and are pleased to put this matter behind us," a company spokesperson said. "Amazon Flex delivery partners play an important role in serving customers every day, which is why they earn among the best in the industry at over $25 per hour on average.”