The Wayback Machine - https://web.archive.org/web/20171117002751/https://arstechnica.com/uncategorized/2005/11/5515-2/

Uncategorized —

Netflix settles class action lawsuit

A consumer-initiated class action lawsuit against Netflix is entering the …

In September of 2004 a class action lawsuit, Chavez v. Netflix, Inc., was filed by a consumer in San Francisco Superior Court. The suit accused Netflix of failing to deliver on two main marketing promises, namely "unlimited DVD rentals" and "one day delivery." As you might guess, the service is not truly unlimited, as you can't check out 100 DVDs (or more) on a 3 at-a-time plan in a single month, no matter how hard you try. The delivery claim was also seen as problematic, since snail mail service varies in speed.

Netflix has denied any wrongdoing. Nevertheless, the two parties came together and settled the suit.

The settlement applies only to customers who were signed up for service before January 15 of this year. If you meet that criteria and are still a customer, you will receive a one-month "upgrade" to the next highest service level if you join the suit. If you are no longer a customer, you can get a free month of service for the 1, 2 or 3 DVDs at-a-time program, again with the caveat that you have to join the suit.

The settlement might sound fair, but Netflix is unfortunately reserving the right to keep you at your upgraded status and bill you appropriately until you downgrade. So, if you join the class action and move up a level, you'll need to mark your calendar or pay close attention to your email so as not to be charged in the next billing cycle.

Anyone wishing to join the suit should do so by December 28, 2005.

You must to comment.