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mills70

Yep, I just got my email. Woo-hoo!

Ugh. Most class action lawsuits are completely bogus.

I'm eligible but will not be participating in this because I do not feel that Netflix made any false claims, and in most of these situations the only people "cashing in" are the lawyers.

No Thanks.

trey/badass

suite, I was a customer, I will take it Netflix!!! NFLX rules.

james O

Yeah, we get a free month's upgrade, Chavez gets $2,000 and his lawyers get, $2,528,000. That's right they get two million dollars we get the extra DVD this month.

J

Ugh... if you forget to cancel the "upgrade" after a month, they start charging you for it. Not worth the risk - I'm sure I'll forget and it will end up costing me. All this settlement really means is that it will be even more difficult to get new releases, with people sitting on an extra dvd for a while.

Annoyed

So if the settlement is accepted, Netflix gets off the hook for throttling?

Eff that.

Peter

Maybe now NetflixThrottlesBest will shut up and stop whining about the lying. The new terms of service is very explicit about the fact that there is a practical limit and they they will delay sending new discs to heavy renters.
Hey, it's their business and they can do what they want. If you don't like it stop using it and find a service you do like.

Jes

I hope people read the terms, because they state everyone but the 8-out group will be charged for future extra DVDs AFTER the upgraded 1-month time period ends. Users should take the responsibility to remind themselves to lower their account *back down* again. Anything could happen to Netflix's email reminder. They could say they sent it to you, and you have no proof whether they did or did not.

"for all but the 8 DVDs at-a-time subscribers, the upgraded service shall renew automatically (following an email reminder) at the end of the upgraded month at Netflix's regular subscription rare for the upgraded program, unless and until the Class member cancels the service or modifies his or her subscription."

catana

I trashed my letter. I'm not aware that Netflix ever promised one day delivery or unlimited rentals. I'm perfectly happy with the service in spite of "throtting," which is only intermittently annoying.

netflix was sued? :S

"I'm not aware that Netflix ever promised one day delivery or unlimited rentals."

Shill. Apparently you never raid the front page of Netflix, any of their ads, their TOS where they say MOST movies will arrive in a day, and that new movies will generally be sent the same day as they report a return. I don't accept the settlement. It's a cop-out. Giving people ONE EXTRA DVD FOR A MONTH does not begin to compensate for years of lying.

jG

They're just going to throttle everyone who tries to take advantage of that.

jG

They're just going to throttle everyone who tries to take advantage of that.

"I trashed my letter. I'm not aware that Netflix ever promised one day delivery or unlimited rentals."

You must be a new member then because they did it for years until getting hammered about it.

Tom

Nowhere does the settlement state that Netflix will change it's operations. It is still advertising 'unlimited DVDs'. I am opting out to keep my options open for my own lawsuit - one with much greater penalties.

netflix throttles best

"Maybe now NetflixThrottlesBest will shut up and stop whining about the lying."

So you admit that they are liars, but you just don't care about them lying. Afterall, if it doesn't affect you, so waht?

"The new terms of service is very explicit about the fact that there is a practical limit and they they will delay sending new discs to heavy renters."

No, they say they might not ship your first choice. But they CAN send SOMETHING on your list the same day they get a return. Netflix is cheating us to sit on our new DVDs after they have already received our returns. They get the benefit of the inventory while we don't get the x-out at a time which we paid for. They say the service is unlimited, not x-a-week limit. If they want to make limits, fine. I just want a ticker right at the top of my queue that shows the limit. Why can't Netflix do that, you worthless shills?

"Hey, it's their business and they can do what they want. If you don't like it stop using it and find a service you do like."

No, they can't. They can run it however the public wants it run. That's one of the few benefits of living in a DEMOCRACY. We get to say how businesses are run. Despite what a few selfish corporations THINK, we do NOT live in a corporate-ocracy. If THE PEOPLE do not like how a business is run, they can force it to make changes (ostensibly). Of course, the political system is so corrupt thanks to the legal bribery of these greedy corporations, people (like you) may forget their rights. WE are people. Corporations ARE NOT people. Corporations don't get to decide how things are run - or shouldn't.

"They're just going to throttle everyone who tries to take advantage of that."

You hit the nail right on the head. Not only will they throttle you to the same number of DVDs you already get (or less), they will be able to go right on throttling you if you're dumb enough to take this offering. Do not be fooled. Wait for a real settlement with REAL changes in their advertising and protocols.

It's crappy that they automatically include you in the class unless you send them a signed letter saying you want to opt-out. So you're automatically excluded from any future lawsuit unless you go thtough the hassle of sending them a letter opting out. That's BULL-SHIT. You should be excluded from the class by default unless you sign up and meet the criteria. This is just a way for Netflix to stop any future lawsuit, because most people won't bother to write the letter to opt-out.

JMC

I've been on a 4-Out-At-A-Time deal since first joining, a plan they don't offer anymore.

It'll be interesting to see what plan I'm temporarily upgraded too.

It'll be even more interesting to see what happens when the month is up. Wanna bet they try to reduce me to a 3-At-A-Time plan?

Heh heh... this is gonna be fun!

I like Netflix. I'm not a heavy user and don't feel I'm throttled. But there is a principle here. They have lied in their advertising; pure and simple. Rentals are not unlimited, despite claims to the contrary.

Imagine a restaurant chain that advertised "all you can eat" for a fixed price and then stopped "heavy eaters" from returning for more. It would render the advertising claim meaningless. The same holds true here.

This "deal" seems pretty lame to me. At a minimum, they should be made to stop any misleading claims in their ads--not just the fine print that no one reads--and there should be a much more substantial penalty--perhaps a month's free service. Corporations should have to play by the rules, just like the rest of us.

Peter

"No, they say they might not ship your first choice. But they CAN send SOMETHING on your list the same day they get a return."

No - read the revised Terms of Use before you keep repeating the save drivel. It is very clear "We reserve the right to allocate and ship DVDs among our subscribers in any manner that we, in our sole and absolute discretion" and "In determining priority for shipping and inventory allocation, we give priority to those members who receive the fewest DVDs through our service. As a result, those subscribers who receive the most movies may experience that (i) the shipment of their next available DVD occurs at least one business day following return of their previously viewed movie"

Democracy refers to government not business. With a free market system you have a choice and if you don't like the business practices of a particular company you should find one you do like and stop supporting businesses who are "lying" to you. I'm not a shill just because I like the service and find value in it. There are plenty of business who have screwed me and I stop giving them my money. I have not for a moment forgotten my rights, I choose to exercise my rights with my wallet instead of just complaining.

Morgan

"I've been on a 4-Out-At-A-Time deal since first joining, a plan they don't offer anymore."

I just upgraded to this plan a few months ago. They still offer it.

Anonymous

Man, some settlement -- Netflix is going to actually MAKE money off this deal, because countless numbers of people are going to forget to reset their accounts after their "free month" of upgrades. Seems like more an advertising ploy than an actual settlement. Says rather a lot, actually, about Netflix.

Meg

JMC, they do still offer the 4-out-at-a-time program. I was just looking at the plan options a moment ago and it's on there.

"Democracy refers to government not business."

Democracy refers to whatever THE PEOPLE say it refers to. You are not THE PEOPLE. You are one person. So let's ask the other 299,999,999 in the USA whether democracy refers to business. Democracy means we can set rules for business. We can out-law things like down-sizing people with cheap foreign labor. We can out-law the importation of products made in sweat shops. We can out-law throttling and other fraudulent business practices. WE have the power, not corporations and not shills like you who say "democracy refers to government not business."

Democracy refers to everything in a society, if we want it to. We should want businesses to run democratically instead of based upon tyranny, totalitarianism, and hierarchy.

G

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..

Wow. The execs must have been chuckling when they wrote this.. Just think boys, not only are we going to walk out unscathed but we can use this as means to get 15% of or user base to upgrade.

"I'm not a shill just because I like the service and find value in it."

"There are plenty of business who have screwed me and I stop giving them my money. I have not for a moment forgotten my rights, I choose to exercise my rights with my wallet instead of just complaining."

What does that accomplish? If everyone who's unhappy quits, nobody would be unhappy. But nothing would change. And the unhappy people would have nothing. Something's better than nothing. How does that improve anything? You just want the unprofitable users to leave, rather than make them profitable by setting a limit and offering an "a-la-carte" plan. Letting customers get movies when they want could be very profitable and still keep the price reasonable, like $1.50-2.00. (plus a small monthly membership fee). Why can't you think of anything more creative than the old love-it-or-leave-it, my-way-or-the-highway, vote-with-your-wallet CRAP?

As people have told you repeatedly, we don't really care if Netflix wants to limit people to x-a-week on the x-out plan. (That'd be a pretty reasonable limit.) What we object to is not having a definite limit so we can get predictable service. We resent the lies. So why can't Netflix just tell the whole truth? Quitting won't solve anything. You're being extreme, like saying a couple should divorce because of a small disagreement. Ger real.

"Wow. The execs must have been chuckling when they wrote this.. Just think boys, not only are we going to walk out unscathed but we can use this as means to get 15% of or user base to upgrade."

And we can defer any potential lawsuit in the future, by including everyone in the lawsuit whether they want to be or not. They have to send a signed letter opting out, which most will not bother doing. Thus, they're screwed.

JMC

Re: 4-Out-At-A-Time

My mistake! Didn't know the 4-Out plan had returned. (For a time, it wasn't offered.)

Thanks for the info. Now I'm not worried about being downgraded to a 3-Out plan once the "upgrade" month has ended.

And yes, it's very important EVERYONE who opts in remembers to CANCEL their "free" upgrade before their billing period kicks in.

I must say, all this makes one wonder who really won and who really lost this lawsuit.

Actually, no-brainer. The customer always loses. :)

"And we can defer any potential lawsuit in the future, by including everyone in the lawsuit whether they want to be or not. They have to send a signed letter opting out, which most will not bother doing. Thus, they're screwed."

Plus, they'll throttle everyone who signs up for the benefit. I guarantee they won't ship you 33% more movies, if you go from 3-out to 4-out for a month. They'll probably send you the same or less just to say Fock You. This settlement is the biggest joke ever. I hope somebody sends a p*p* b*m* to this a$$-h0l3 law firm. They are the only ones who profit from this sh`tty settlement. Everybody else gets a free month with the same throttling, plus exclusion from any future lawsuit over false advertising, deception, and fraud.

Tony

Some people just need to get a life.

I've been a member for over 5 years, and never had any delusions about "one day delivery" or "unlimited rentals." That's because I have a brain, and could perfectly understand how the service was intended to work.

Those expecting truly "unlimted" rentals with "one day turnaround" every time are delusional. If you really expect a service to give you 30+ rentals a month, with no delays, for what Netflix is charging, then you need to take a reality pill.

Stop needlessly calling people shills, cancel your service, and just go away.

J

SCAM! Levi's did it a decade or so ago. Remember? We all got $5.00 coupons toward their brand of jeans, making it, roughly, a 20 percent discount. Microsoft did it a few years ago? Remember that?

It's a marketing scam. They'll do it as long as it works.

Read a book.

"Those expecting truly "unlimted" rentals with "one day turnaround" every time are delusional."

Nobody expects 1-day turn-around. That would be impossible unless they sent new movies as soon as you put a return in the mail. We do want 2-day turn-around, that they can easily provide (as shown by trial and early months of membership).


"If you really expect a service to give you 30+ rentals a month, with no delays, for what Netflix is charging, then you need to take a reality pill."

Netflix needs to stop saying "UNLIMITED"in their ads, saying most movies arrive in one day, and saying that returns are generally processed on the same day. Why's it so hard for you shills to understand the concept of simply telling the truth? Straight shooting. Good customer relations. Giving reasonable expectating... Who's responsible for people thinking they can get 30 DVDs a month? Gee, how about the company that said "unlimited", "one day delivery", and "same day returns"?

Useless focking shills. Shut your pie holes.

Tom

So can I both opt-out and file a complaint with the court? Or can I get the upgrade and complain? In this history of pointlessly absurd class actions settlements, this may just be the worst. Maybe we can get the judge to reject it.

Now that said, I've never been throttled and I don't mind that they do it. I do mind the lying though.

DG

I agree with posts above regarding waiting for a real settlement that either isn't a secret ploy to enroll you in a more expensive plan or forces Netflix to stop their throttling.

It's insulting to me that they offer finely graded plans like "2-at-a-time-unlimited" and "2-at-a-time-4-per-month". If you pick the former, you pay $3 more for nothing because you can hardly get more than 4 turnarounds a month because of their shipping "delays".

darrin

Why is everything opt-out instead of opt-in?

How many individuals would have actually opt-in for this lawsuit?

My first thought is to just opt-out. But, then the plantiff's lawyers will likely still receive their full amount of attorneys' fees and costs requested. Just a mere $2,528,000.00.

But since they (the lawyers) elected to represent the class (and opt me in) I now have the right to intervene and object to this settlement and the award of attorneys' fees and costs. While I'm writing my letter (in triplicate per Section VIII - B) I figure I can ask exactly how did they come up with $2,528,000.00.

Of course we still have until December 28 to make up our minds. I wouldn't rush to opt-out. I also do not plan to accept this settlement or any.

Netflix provides a better value than any other movie alternatives IMO.

If I want a service enhancement, I will pay the $6 for it.

I would like to know how many in this class are investors, too.


Steve

I am glad about the law suit, it makes me feel better. I was a customer and they made me wait a long time to get a video from them. That is against what they said in their service description, and its good to know that when compaines lie about the services that they offer it is against the law and punishable. That is the good thing about living in America, a democracy...

I don't think its unrealistic to think that a company should make honest statements about the services they offer. People shouldn't have to take a reality pill and just deal with it when companies lie. (You sue!!!)

The reality pill is needed however before you think about siging up again with a company that treated you wrong when you were a paying customer. That would be stupid because they are not going to treat you with respect now. They can wait as long as they want to send you a video in your FREE MONTH! And once you sign up again lose all your other legal options.

Peter

"If everyone who's unhappy quits, nobody would be unhappy. But nothing would change"
Of course something would change, Netflix would either have many fewer customers, they would go out of business or they would change their ways when they saw people leaving for a competitor that offered better service/value. That's the power of a free market. Eeveryone would be happy with their chosen service. What's wrong with that?

"Quitting won't solve anything"
Of course it will. You will get the satisfaction of not supporting a company that "lies to you" and every dollar Netflix doesn't get from unhappy customers makes them think more about their policies.

Netflix is never going to give you a hard number because everything isn't under their control. If they say 30 a month, and the mailman is late one day and you only got 29, you'd be the first one complaining. They already admitted they restrict some users, what more do you expect from them? You need to get real and stop imagining some utopia where business moves at the whim of every individual. That is the beauty of choice, some people like Pepsi some like Coke. Should you complain to Coke that they should make their soda more like Pepsi? No, you would go buy a Pepsi and be done with it.
If there was a big enough market for heavy renters who want really fast turnaround, some company will fill it. Maybe there just aren't enough people who are interested in such a service to make it worthwhile.

Dan

This is no settlement. A settlement would be lower prices for a year. Not a dopey free upgrade for one month. It's insulting.

bholio

That fine print about keeping the upgraded plan in effect after the month pisses me off enough to write an opt-out letter, just so the lawyers have more work to do, extra mail to send back to me. Maybe they'll charge netflix some more in legal fees if enough people do this.

Never had any problems with their service though. I always though netflix was OK until this. Only a retard would expect netflix to have control over the postal service.

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