If you are exercising your Netflix class action lawsuit settlement benefits and notice any potential violations of the settlement terms or anything unusual, you may wish to contact the Superior Court of California, County of San Francisco (www.sfgov.org/site/courts_index.asp) in regard to the Frank Chavez vs. Netflix case (Case Number: CGC-04-434884). Judge Thomas Mellon was involved in the settlement.
The attorneys for Frank Chavez are Adam Gutride and Seth Safier of Gutride Safier LLP (www.gutridesafier.com).
Click here to read about your settlement benefits.
Click here to read the Frank Chavez vs. Netflix settlement agreement.
Showing posts with label Chavez. Show all posts
Showing posts with label Chavez. Show all posts
8/04/2008
Missing-DVD Pitfall in the Netflix Class Action Lawsuit Settlement
If you intend to exercise your settlement benefits from the Chavez vs. Netflix class action lawsuit, be very cautious about the missing-DVD pitfall in the settlement. If you accept DVDs from Netflix, you will have to make certain you return the DVDs within the allotted timeframe and that Netflix acknowledges the returns. Otherwise, you risk being charged for the missing DVDs.
Many former Netflix subscribers have complained their credit cards were charged for missing DVDs after canceling their Netflix accounts. The reports of this practice are so common that Netflix looks suspiciously as if they might be pretending to not receive DVDs from canceling subscribers just to squeeze extra money out of each departing subscriber. This practice has never been proven, but the occurrences raise suspicion.
If this dishonest business practice does exist, the Chavez vs. Netflix settlement beneficiaries are at a considerable risk of being charged for DVDs which Netflix does not acknowledge receiving. A beneficiary ending a three-out plan could easily be on the hook for $60 or more after his/her free subscription month. That is a lot to pay for one free month of DVDs.
If you are concerned that Netflix may fraudulently charge you for DVDs you actually returned, you may reduce your risk by taking some extra precautions. The steps below could help you dispute any illegitimate charges on your credit card from Netflix.
If you feel Netflix is a completely honest and ethical company who would never attempt to cheat you, then none of these precautions are necessary. However, if you think Netflix may be a shady and greedy company, which is always looking for ways to milk its customers, be cautious. If Netflix fooled you once, shame on them. If Netflix fools you twice, shame on you.
Many former Netflix subscribers have complained their credit cards were charged for missing DVDs after canceling their Netflix accounts. The reports of this practice are so common that Netflix looks suspiciously as if they might be pretending to not receive DVDs from canceling subscribers just to squeeze extra money out of each departing subscriber. This practice has never been proven, but the occurrences raise suspicion.
If this dishonest business practice does exist, the Chavez vs. Netflix settlement beneficiaries are at a considerable risk of being charged for DVDs which Netflix does not acknowledge receiving. A beneficiary ending a three-out plan could easily be on the hook for $60 or more after his/her free subscription month. That is a lot to pay for one free month of DVDs.
If you are concerned that Netflix may fraudulently charge you for DVDs you actually returned, you may reduce your risk by taking some extra precautions. The steps below could help you dispute any illegitimate charges on your credit card from Netflix.
- A few days before your free subscription ends, delete every title from your queue. This should prevent Netflix from shipping more DVDs to you.
- At least one day before your subscription ends, use the Netflix Web site to report as missing any DVDs you have not yet received.
- Return all of your DVDs to Netflix within the allotted timeframe, mailing the DVDs using USPS tracking numbers and/or signature verification. This will provide proof of return.
- Save full documentation of your actions.
If you feel Netflix is a completely honest and ethical company who would never attempt to cheat you, then none of these precautions are necessary. However, if you think Netflix may be a shady and greedy company, which is always looking for ways to milk its customers, be cautious. If Netflix fooled you once, shame on them. If Netflix fools you twice, shame on you.
5/14/2006
Another Chance to Opt-Out of the Netflix Settlement
As expected, the Frank Chavez v. Netflix, Inc. settlement (www.netflix.com/settlement) has been revised slightly to eliminate the previously proposed automatic billing element. This revision to the settlement terms gives you another opportunity to exclude yourself from the class and preserve your right to sue Netflix in a separate case.
Note that you may exclude yourself even if you had already joined the settlement class. If you wish to exclude yourself from the class, you must send a letter stating that you wish to opt-out of the settlement. The deadline is June 26, 2006.
For information on how to opt-out, see Page 6 Item B of the Notice of Amended Class Action Settlement. Follow the directions carefully or your request will be considered invalid.
Note that you may exclude yourself even if you had already joined the settlement class. If you wish to exclude yourself from the class, you must send a letter stating that you wish to opt-out of the settlement. The deadline is June 26, 2006.
For information on how to opt-out, see Page 6 Item B of the Notice of Amended Class Action Settlement. Follow the directions carefully or your request will be considered invalid.
2/23/2006
Netflix Gives in a Little on Settlement
On February 22, 2006, Netflix attorneys announced that Netflix would modify the previous Chavez vs. Netflix settlement agreement that promises a free month of service or account upgrade to some former and present Netflix subscribers.
Originally, the settlement terms required the subscribers to manually cancel subscriptions at the end of the free month or be billed automatically for each month thereafter. The new terms of the settlement require that the participants will be billed only if they specifically agree to continue their subscriptions prior to any billing.
The new terms of the settlement represent a substantial improvement, but the settlement is still pretty pathetic. Some subscribers were cheated out of several DVDs per month for many months. For example, what if Netflix throttled a $17.99 subscriber by 40% for a year? That is a loss of around $86. Imagine the subscribers on the big rental plans. Those people get throttled worse than anyone and may have throttling losses in the hundreds.
Netflix must have made some incredible profits on the backs of their subscribers. If this lawsuit settlement goes through, Netflix will be getting off very easily and the victimized subscribers will be getting only a meager benefit that is bound to lead to additional frustrations.
If you do not agree with the terms of the Netflix settlement and want to learn how to protest or opt-out, visit www.netflixsettlementsucks.com for more information.
Note: If you intend to sue Netflix, you must take the initiative to opt-out of this settlement, and you should consult an attorney as soon as possible.
Houston Chronicle Article
“Netflix Modifies Class-Action Settlement”
Originally, the settlement terms required the subscribers to manually cancel subscriptions at the end of the free month or be billed automatically for each month thereafter. The new terms of the settlement require that the participants will be billed only if they specifically agree to continue their subscriptions prior to any billing.
The new terms of the settlement represent a substantial improvement, but the settlement is still pretty pathetic. Some subscribers were cheated out of several DVDs per month for many months. For example, what if Netflix throttled a $17.99 subscriber by 40% for a year? That is a loss of around $86. Imagine the subscribers on the big rental plans. Those people get throttled worse than anyone and may have throttling losses in the hundreds.
Netflix must have made some incredible profits on the backs of their subscribers. If this lawsuit settlement goes through, Netflix will be getting off very easily and the victimized subscribers will be getting only a meager benefit that is bound to lead to additional frustrations.
If you do not agree with the terms of the Netflix settlement and want to learn how to protest or opt-out, visit www.netflixsettlementsucks.com for more information.
Note: If you intend to sue Netflix, you must take the initiative to opt-out of this settlement, and you should consult an attorney as soon as possible.
Houston Chronicle Article
“Netflix Modifies Class-Action Settlement”
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