Posted on 11/02/2005 7:32:01 PM PST by lowbridge
Netflix Class Action Lawsuit Settlement
Update: Frank Chavez, the person named in the lawsuit, is getting $2,000, and the lawyers are taking in about $2.5 million for "...fees and costs" (I should have gone to law school). You can read the proposed settlement notice here.
If you were a paying Netflix subscriber before January 15th you may be eligible for a free, one-month upgrade in service (an additional DVD out at a time), pending approval from the court.
(Excerpt) Read more at hackingnetflix.com ...
I got the notification email about this today. I think we'll pass on it.
What's the short version of how this guy was damaged?
You are receiving this notice because you were a paid Netflix member before January 15, 2005. Under a proposed class action settlement, you may be eligible to receive a free benefit from Netflix.
A class action lawsuit entitled Chavez v. Netflix, Inc. was filed in San Francisco Superior Court (case number CGC-04-434884) on September 23, 2004. The lawsuit alleges that Netflix failed to provide "unlimited" DVD rentals and "one day delivery" as promised in its marketing materials. Netflix has denied any wrongdoing or liability. The parties have reached a settlement that they believe is in the best interests of the company and its subscribers.
Netflix will provide eligible subscribers with the benefit described below, if the settlement is approved by the Court.
These benefits will be provided after the Effective Date as defined in the Settlement Agreement. Your eligibility for the benefits is based on your membership status as of October 19, 2005. The full Settlement Agreement is available for review at www.netflixsettlement.com.
- Current Netflix Members: If you enrolled in a paid membership before January 15, 2005 and were a member on October 19, 2005, you are eligible to receive a free one-month upgrade in service level. For example, if you are on the 3 DVDs at-a-time program, you will be upgraded to the 4 DVDs at-a-time program for one month. There will be no price increase during the upgraded month. (If you cancel your membership after October 19, 2005 and before you receive the upgrade, you will have to rejoin to get the upgrade.)
- Former Netflix Members: If you enrolled in a paid membership before January 15, 2005 but were not a member on October 19, 2005, you are eligible to receive a free one-month Netflix membership on your choice of the 1, 2 or 3 DVDs at-a-time unlimited program. (If you rejoin after October 19, 2005 but before you receive the free one-month membership, you will receive a credit for the free month when it becomes available.)
You have four options to respond to the proposed settlement. You have until December 28, 2005 to make your decision:
Option 1. Sign Up For The Benefit As Part Of The Settlement
To receive the benefit, you must complete the online registration process no later than February 17, 2006, at www.netflixsettlement.com. By signing up for the benefit, you waive your right to bring a separate lawsuit against Netflix concerning the Released Claims (as defined in the Settlement Agreement found at www.netflixsettlement.com).
Option 2. Do Nothing
If you do not wish to receive the benefit, do nothing. You will not receive the benefit but will remain a Class Member. You therefore waive your right to bring a separate lawsuit against Netflix concerning the Released Claims.
Option 3. Exclude Yourself From the Class
To exclude yourself from the class, you must mail a letter by December 28, 2005. By excluding yourself, you preserve your right to bring a lawsuit against Netflix concerning the Released Claims. However, you will not get the benefit described above.
Option 4. Make An Objection To The Settlement In Court
To object to the settlement, you must file legal papers in the San Francisco Superior Court by January 5, 2006.
To receive your benefit, you must register by February 17, 2006 as described above in Option 1. You will not receive any other reminders to register for the benefit. If you have registered for the benefit and your eligibility is confirmed, then you will be provided additional information by email following the Effective Date as defined in the Settlement Agreement.
After the benefit period ends, the new or upgraded level of service will continue automatically (following an email reminder) and you will be billed accordingly, unless you cancel or modify your subscription. You can cancel or modify your subscription at any time.
In addition, if the settlement is approved by the Court, Netflix will modify portions of its Terms of Use. Netflix also will refer to its Terms of Use in certain advertisements.
To get more information about the settlement and procedures, and to take options 1, 3 or 4, visit www.netflixsettlement.com.
I hate people that sue companies over crap like this.
That crap just has to stop.
tort reform is long over due.
needs to include 'loser pays' in suits like this to discourage frivolous lawsuits.
55 republicans in the senate...why haven't we seen big reforms yet?
I like loser pays, but it wouldn't fix this.... They won! They got this outrageous settlement.
it wouldn't fix this case, but it would give many people pause before they file a lawsuit like this.
I hope the plantiff is happy with his $2K.
Yeah, and soon our Netflix rates will go up.
I've been planning to re-sign up when the 4th Season of "24" is out (in December). So I may take advantage of this. But only because I was going to anyway.
I'm not sure what this guy's problem was. I've had no problems with Netflix.
"55 republicans in the senate...why haven't we seen big reforms yet?"
Because 50 of those Republicans were lawyers themselves.
Yeah, I'm passing on it too. It's a stoopid lawsuit, and frankly I hope the judge throws it out and makes the plaintiff pay the court costs.
Sounds like he got his knickers in a twist because it took longer than one day to get his movies. He needs to get a BDG (Big Damn Grip)
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