Frank Chavez v. Netflix Class Action *UPDATED*
NETFLIX INC.: Consumers File Fraud Suit Over DVD Delivery in CA
Netflix, Inc. faces a class action filed in California Superior Court, City and County of San Francisco by Frank Chavez, individually and on behalf of others similarly situated.
The complaint asserts claims of, among other things, false advertising, unfair and deceptive trade practices, breach of contract as well as claims relating to the Company's statements regarding DVD delivery times. The complaint seeks restitution, disgorgement, damages, and injunction and specific performance and other relief.
Case management conference was held on March 23,2005 before Judge Thomas J. Mellon, Jr. The conference will be continued to May 11,2005.
The suit is styled "FRANK CHAVEZ VS. NETFLIX, INC., A FOREIGN CORPORATION et al, case no. CGC-04-434884." Representing the Company is Keith Eggleton of WILSON SONSINI GOODRICH & ROSATI, 650 Page Mill Road, Palo Alto CA 94304-1050 USA Phone: (650) 493-9300. Representing the plaintiffs are Adam Gutride LAW OFFICES OF ADAM GUTRRIDE 835 Douglass Street, San Francisco CA 94114 USA Phone: (415) 271-6469; and Seth Safire, 6467 California, San Francisco CA 94121 USA Phone: (415) 876-4345.
According to the revised third-quarter guidance issued by Netflix last week, "Settlement expenses in the quarter are expected to range from $3.0 million to $4.0 million. The settlement remains subject to court approvals."
Usually in a class action suit, there is some effort to contact the members of the class to give them an option to join the suit or to be left out of the suit. I am presumably a member of the class, since I'm a Netflix subscriber. I have never been informed of my options regarding this action. Have you?
*UPDATE: Settlement information has been emailed to subscribers and a Web site has been set up. You can read the email here.