MoviePass Class Action Lawsuit Alleges ‘Bait and Switch’ Scheme

A class action lawsuit claims MoviePass intentionally misrepresents its theater subscription service by promising customers that they’ll have “unlimited” access to movies, when in reality MoviePass significantly limits the selection of movies and theaters available.

Plaintiffs Lawrence and Laurie Weinberger say they each purchased a one-year MoviePass subscription based on representations that they would have access to “any move” in “any theater” on “any day.”

The couple states they’ve been MoviePass customers for almost a year now, and so far they’ve only been able to see three movies using their “unlimited” subscription.

The MoviePass class action lawsuit alleges that when the Weinbergers attempt to search for tickets using the MoviePass app, they are often informed that “there are no more screenings at this theater today,” despite selecting up to four theaters as options. 

The plaintiffs claim that repeated barriers prevent MoviePass customers from being able to find movie tickets no mater what time of day the search is conducted.

“Plaintiffs and the Class members routinely were unable to access tickets to any movies playing in theaters; were prohibited from purchasing tickets to certain movies through their Subscriptions; were offered only limited movie selection, theater selection, and showtime selection; and otherwise experienced significant difficulties in obtaining access to tickets to movies through their Subscriptions,” the MoviePass class action lawsuit states.

In addition to a lack of tickets and showtimes, in April 2018 MoviePass also placed a ban on customers who wanted to view the same movie twice.

Later that summer, more rules were added to MoviePass’ all-you-can-watch model including that tickets to “big upcoming movies” would not be available to MoviePass subscribers.

The MoviePass class action lawsuit cites an email sent from MoviePass CEO Mitch Lowe to MoviePass subscription holders in August 2018 that confirmed 85 percent of MoviePass subscribers average three movies or less per month, indicating that consumers don’t want to see more than that.

However, the plaintiffs say that’s far from the truth as “most MoviePass Subscription holders, like Mr. and Mrs. Weinberger, were not able to find tickets to more than three movies per month using the MoviePass App due to routine messages that ‘there are no more screenings at this theater today’ and due to limitations on movie selection, showtime selection, and theater selection.”

According to the MoviePass class action lawsuit, the Weinbergers attempted to get a refund on their MoviePass year-long service but were told that the company doesn’t offer pro-rated refunds.

The plaintiffs want to represent an Injunctive Relief Class and a Monetary Relief Class comprised of all consumers who were MoviePass subscribers between Feb. 1, 2013 and Aug. 5, 2018. In addition, the couple seeks to represent a New York subclass during the same timeframe.

The MoviePass class action is seeking actual or statutory damages of $500 per potential Class Member.

The MoviePass subscribers are represented by Michael Reese and George Granade of Reese LLP.

The MoviePass Unlimited Subscription Class Action Lawsuit is Lawrence Weinberger and Laurie Weinberger v. MoviePass Inc., Case No. 1:19-cv-01039, in the U.S. District Court for the Southern District of New York.