“The deception continues in the Netflix ‘Allocation’ plan which states that ‘we do not establish a monthly limit on the number of DVDs you can rent’ when, in fact, Netflix does limit the number of DVDs a customer can rent,” the complaint states.
It continues: “Unsurprisingly, the Netflix allocation system infuriates members, results in many users quitting the Netflix service once they learn of the scheme, and has given rise to numerous consumer complaints, many of which can be found online. An example of such complaints include[s] the following: ‘the longer you are a member, the fewer titles you get,’ the ‘service got slower and slower’ and ‘Netflix is a total ripoff.’ (http://www dealcatcher.com/forums/m_486466/tm.htm).
“Similarly, other consumers have complaint that Netflix uses a ‘bait and switch tactic. Suddenly, movie shipments went from twice a week to once a week;’ ‘if you rent frequently Netflix will penalize you by slowing your shipping times;’ ‘I suspected that Netflix was cheating me, but I wasn’t completely convinced until I read similar experiences,’ and ‘my Netflix service is terrible … suddenly movies that used to take one day to arrive now take days to a week to get to my house.'”
The class claims that Netflix continues to make the false advertisements despite settling a 2004 class action that made similar allegations. It seeks damages and an injunction and is represented by David Markham of San Diego.