More Netflix drama ...

[maggiew]

I just got the following email:

If You Rented Online DVDs from Netflix
A Class Action and a Settlement with Wal-Mart May Affect Your Rights

Para una notificación en Español, llamar 1-877-389-4469 o visitar www.OnlineDVDclass.com


Records show that you paid a subscription fee to rent DVDs online from Netflix anytime from May 19, 2005 to September 2, 2011. We are emailing to tell you about a Settlement and lawsuit that may affect your legal rights. You may be eligible to receive a cash payment or gift card from the Settlement. Please read this email carefully. Go to www.OnlineDVDclass.com for more information.

There is a lawsuit against Wal-Mart Stores Inc. and Walmart.com USA LLC (together called “Wal-Mart”) and Netflix, Inc. (“Netflix”) involving the price of online DVD rentals. The Class Action seeks money for current and former Netflix subscribers. A Settlement has been reached with Wal-Mart. Netflix and Wal-Mart believe that the lawsuit has no basis. Netflix has not settled the lawsuit and the litigation continues against it.

What is the lawsuit about?

The lawsuit claims that Wal-Mart and Netflix reached an unlawful agreement under which Wal-Mart would withdraw from the online DVD rental market and Netflix would not sell new DVDs. Wal-Mart and Netflix deny that they entered into such an agreement or that they have done anything wrong, that the Plaintiffs have been harmed in any way, or that the price of online DVD rentals was raised or inflated by any agreement between Wal-Mart and Netflix. The Court has not decided who is right.

The Litigation Class Against Netflix

Who’s included in the Netflix Litigation Class? Any person or entity in the United States that paid a subscription fee to Netflix anytime from May 19, 2005 to September 30, 2010.

What are my rights in the Netflix Litigation Class?

Remain in the Litigation: If you wish to remain in the Litigation, you do not need to take any action at this time.

Get out of the Litigation: If you wish to keep your individual right to sue Netflix about these claims you must exclude yourself. To ask to be excluded, send a letter to the address below, postmarked by February 14, 2012, that says you want to be excluded from In re: Online DVD Rental Antitrust Litigation, MDL No. 2029. Include your name, address, and telephone number.

The Wal-Mart Settlement Class

Who’s included in the Wal-Mart Settlement Class? Any person or entity living in the United States or Puerto Rico that paid a subscription fee to rent DVDs online from Netflix anytime from May 19, 2005 to and including September 2, 2011.

What does the Settlement provide? Wal-Mart will pay $27,250,000, in cash and gift cards, to settle the lawsuit. If you qualify, you can get a cash payment or a gift card that can be used at www.walmart.com. The actual amount paid in cash and in gift cards depends on the total number of valid claims filed.

Class Counsel will ask the Court to award the following: (1) attorneys’ fees up to 25% of the Settlement Fund, plus costs that Class Counsel estimate at up to $1.7 million, (2) administration and notice costs, and (3) $5,000 for each of the Class Representatives (up to $80,000 total which could include the class representatives from cases filed in California state courts). After these fees and costs are deducted from the Settlement Fund, the remaining amount will be equally divided amongst the Wal-Mart Settlement Class Members who file valid claims.

How to get Settlement benefits? You must submit a Claim Form to get benefits. You can submit a Claim Form online (for gift cards only) or by mail. The deadline to submit a Claim Form is February 14, 2012. Click here to get a Claim Form or call 1-877-389-4469.

What are my rights in the Wal-Mart Settlement Class?

Remain in the Settlement: If you wish to remain in the Wal-Mart Settlement Class and get benefits, you need to file a claim.

Get out of the Settlement: If you wish to keep your right to individually sue Wal-Mart about the claims in this case you must exclude yourself by February 14, 2012 from both the Wal-Mart Settlement Class and the Netflix Litigation Class. See the instruction on how to “Get out of the Litigation” above.

Remain in the Wal-Mart Settlement Class and Object: If you stay in the Wal-Mart Settlement Class you can object to it by February 14, 2012.

The detailed notice, available at www.OnlineDVDclass.com or by calling 1-877-389-4469, explains how to exclude yourself or object.

The Court will hold a hearing on March 14, 2012 to consider whether to approve the Settlement, and a request for attorneys’ fees, costs, and expenses. If you wish, you or your own attorney may ask to appear and speak at the hearing at your own cost.

For More Information: 1-877-389-4469 www.OnlineDVDclass.com
Netflix Lawsuit, PO Box 2602, Faribault, MN 55021-9602





Did anyone else get this email?

Maggie

 

[AlwaysMoving]

I just got the following email:

If You Rented Online DVDs from Netflix
A Class Action and a Settlement with Wal-Mart May Affect Your Rights

Para una notificación en Español, llamar 1-877-389-4469 o visitar www.OnlineDVDclass.com


Records show that you paid a subscription fee to rent DVDs online from Netflix anytime from May 19, 2005 to September 2, 2011. We are emailing to tell you about a Settlement and lawsuit that may affect your legal rights. You may be eligible to receive a cash payment or gift card from the Settlement. Please read this email carefully. Go to www.OnlineDVDclass.com for more information.

There is a lawsuit against Wal-Mart Stores Inc. and Walmart.com USA LLC (together called “Wal-Mart”) and Netflix, Inc. (“Netflix”) involving the price of online DVD rentals. The Class Action seeks money for current and former Netflix subscribers. A Settlement has been reached with Wal-Mart. Netflix and Wal-Mart believe that the lawsuit has no basis. Netflix has not settled the lawsuit and the litigation continues against it.

What is the lawsuit about?

The lawsuit claims that Wal-Mart and Netflix reached an unlawful agreement under which Wal-Mart would withdraw from the online DVD rental market and Netflix would not sell new DVDs. Wal-Mart and Netflix deny that they entered into such an agreement or that they have done anything wrong, that the Plaintiffs have been harmed in any way, or that the price of online DVD rentals was raised or inflated by any agreement between Wal-Mart and Netflix. The Court has not decided who is right.

The Litigation Class Against Netflix

Who’s included in the Netflix Litigation Class? Any person or entity in the United States that paid a subscription fee to Netflix anytime from May 19, 2005 to September 30, 2010.

What are my rights in the Netflix Litigation Class?

Remain in the Litigation: If you wish to remain in the Litigation, you do not need to take any action at this time.

Get out of the Litigation: If you wish to keep your individual right to sue Netflix about these claims you must exclude yourself. To ask to be excluded, send a letter to the address below, postmarked by February 14, 2012, that says you want to be excluded from In re: Online DVD Rental Antitrust Litigation, MDL No. 2029. Include your name, address, and telephone number.

The Wal-Mart Settlement Class

Who’s included in the Wal-Mart Settlement Class? Any person or entity living in the United States or Puerto Rico that paid a subscription fee to rent DVDs online from Netflix anytime from May 19, 2005 to and including September 2, 2011.

What does the Settlement provide? Wal-Mart will pay $27,250,000, in cash and gift cards, to settle the lawsuit. If you qualify, you can get a cash payment or a gift card that can be used at www.walmart.com. The actual amount paid in cash and in gift cards depends on the total number of valid claims filed.

Class Counsel will ask the Court to award the following: (1) attorneys’ fees up to 25% of the Settlement Fund, plus costs that Class Counsel estimate at up to $1.7 million, (2) administration and notice costs, and (3) $5,000 for each of the Class Representatives (up to $80,000 total which could include the class representatives from cases filed in California state courts). After these fees and costs are deducted from the Settlement Fund, the remaining amount will be equally divided amongst the Wal-Mart Settlement Class Members who file valid claims.

How to get Settlement benefits? You must submit a Claim Form to get benefits. You can submit a Claim Form online (for gift cards only) or by mail. The deadline to submit a Claim Form is February 14, 2012. Click here to get a Claim Form or call 1-877-389-4469.

What are my rights in the Wal-Mart Settlement Class?

Remain in the Settlement: If you wish to remain in the Wal-Mart Settlement Class and get benefits, you need to file a claim.

Get out of the Settlement: If you wish to keep your right to individually sue Wal-Mart about the claims in this case you must exclude yourself by February 14, 2012 from both the Wal-Mart Settlement Class and the Netflix Litigation Class. See the instruction on how to “Get out of the Litigation” above.

Remain in the Wal-Mart Settlement Class and Object: If you stay in the Wal-Mart Settlement Class you can object to it by February 14, 2012.

The detailed notice, available at www.OnlineDVDclass.com or by calling 1-877-389-4469, explains how to exclude yourself or object.

The Court will hold a hearing on March 14, 2012 to consider whether to approve the Settlement, and a request for attorneys’ fees, costs, and expenses. If you wish, you or your own attorney may ask to appear and speak at the hearing at your own cost.

For More Information: 1-877-389-4469 www.OnlineDVDclass.com
Netflix Lawsuit, PO Box 2602, Faribault, MN 55021-9602





Did anyone else get this email?

Maggie

Is it normal that a company can be sued and the payout is not cash?

 

[thomas998]

Is it normal that a company can be sued and the payout is not cash?

Very normal.

In class action suits rarely does the group get a lot of money... the only ones that will see mega bucks are the lawyers. Often the settlement will be as pathetic as dollars off of a future purchase, or as I recall a settlement a few years back paid off by giving out free makeup from certain department stores (really bad since the makeup they handed out for price fixing was very limited and not really the same thing that they had been ripping the customers off with in the past).

 

[Lehuaann]

I received this email as well to my junk folder ...not sure if it was legit, anyone actually know?

I remember (2006?) my Netflix account being added as a member in a class action lawsuit against Netflix and ultimately, everyone was given a free month subscription.

 

[thomas998]

I don't think anyone will be getting much out of this lawsuit... if you start with 27 million and reduce it for attorney fees of mabye 2 million you are left with 25 million... Netflix's peak subscribers were about 2.8 million... but since some subscribers will join and other drop it over a given period you could easily have had twice that number that actually joined for a time... but lets just assume 4 million people were at one time or another subscribers... that would mean that if everyone filed you would get a gift card for just over 6 dollars... if only half claimed it then you are down to about 12 dollars... so realistically assume you might get at most 10 dollars.... not a big deal... not sure if its worth the trouble of handing out my info so it can be sold later to increase the junk mail I get.

 

[KristinU]

Anyone else find it odd that two companies would be named in the same suit and in the same email? Doesn't seem like a legit email to me.

 

[DisneyAndRedSox]

I filled out all kids of paperwork for the Avent baby bottle lawsuit. Some bottles I still had, some I didn't- no receipts for any.

This past weekend I got a check for $4 and several coupons for Avent/Phillips/Sonicare products.

 

[scrapquitler]

Is it normal that a company can be sued and the payout is not cash?

Yes. We were part of a settlement with Dell back about 15-20 years ago. We got our settlement: it was a coupon for like $25 off a purchase of a new computer. USELESS.

 

[timmac]

Anyone else find it odd that two companies would be named in the same suit and in the same email? Doesn't seem like a legit email to me.

It's trivial to do a search and confirm the class action lawsuit is indeed real. Snopes agrees as well.

 

[timmac]

Yes. We were part of a settlement with Dell back about 15-20 years ago. We got our settlement: it was a coupon for like $25 off a purchase of a new computer. USELESS.

For a minimal effort to file a claim, I'd have been perfectly happy with $25

 

[Jey12]

We were part of one with our Visa card at one time. Something about being over charged for transactions the card holder had made while out of the United States. We happened to have been in Cancun during the time frame and of course made purchases. So 3 years later we get this odd notice in the mail with a check for $50. I'll do nothing and receive that all day long!

I was a subscriber to netflix during the stated time frame, but I don't remember getting anything regarding this lawsuit? Probably was eaten by my spam folder. I wonder if we'll get a surprise walmart giftcard in the mail? I don't care if it's for $2. That's a free bday card for someone.

 

[Plumeria9]

Thanks for posting. Does subscribing to Netflix equal the same as "renting" DVDs from Netflix? Seems that the verbiage is a little off. I haven't seen the email yet but that don't mean a thing. Interesting for sure. Whenever I get these class action lawsuits I might wind up w/ $10 or less, we'll see how it plays out.

 

[Eeyore98]

Eh, I went and signed up. If they're data miners, all they have is my e-mail and mailing address, which plenty of other places already have.

 

[scrapquitler]

For a minimal effort to file a claim, I'd have been perfectly happy with $25

But it wasn't $25. It was a $25 coupon when you bought a new computer. Which cost over $1000 back then.

 

[bumbershoot]

Is it normal that a company can be sued and the payout is not cash?

It's not ONLY giftcards.

..."you can get a cash payment or a gift card"...



We signed up for a class action for 24 hour fitness (we had actually had the same problem the lawsuit was discussing!), and were given the choice between a free month (still laughing about that one) or a check. Took the check.

 

[disneychrista]

What I want to know is how Walmart is connected to the Netflix and why they are named together in this suit.

 

[maggiew]

Anyone else find it odd that two companies would be named in the same suit and in the same email? Doesn't seem like a legit email to me.

If you read the text, about half way down it says that Netflix and Walmart agreed to a deal. Walmart agreed to not have streaming video and Netflix agreed it wouldn't get new releases. So that is why they are both named in the lawsuit. It was their "shady" dealing that the lawsuit is based on.

Thanks for posting. Does subscribing to Netflix equal the same as "renting" DVDs from Netflix? Seems that the verbiage is a little off. I haven't seen the email yet but that don't mean a thing. Interesting for sure. Whenever I get these class action lawsuits I might wind up w/ $10 or less, we'll see how it plays out.

My subscription included DVDs by mail (as well as streaming). That is what I take it to mean when they say "renting" DVDs from Netflix.

Maggie