Netflix Hit with Another Privacy Class Action Lawsuit
By Kimberly Mirando
Netflix (NFLX) has been hit with another class action lawsuit concerning its policy of retaining the rental history and video preferences of former members long after they’ve canceled their subscriptions.
Plaintiff Peter Comstock filed the Netflix class action lawsuit in California federal court, claiming the online video rental service is violating the Video Privacy Protection Act by keeping all the information it collects from its users “indefinitely,” even after they cancel their accounts. In addition to the names, addresses and credit card information of former users, Netflix retains their complete rental histories, ratings given to movies rented and lists of movies to be rented, the class action lawsuit says.
Under Section 2710(e), the law requires video rental businesses to destroy their customers’ rental histories no later than one year “from the date the information is no longer necessary for the purpose it was collected.” The class action lawsuit alleges Netflix retains the information far beyond the one-year limit.
”Subscribers do not realize that Netflix maintains this video-viewing information, along with confidential subscriber payment information, … in its databases long after subscribers cancel their Netflix subscription,” the complaint says.
The Netflix class action lawsuit is brought on behalf of a proposed nationwide class of all former Netflix subscribers who canceled their accounts more than one year ago. In addition to class certification, Comstock is seeking damages of $2,500 per violation of the Video Privacy Protection Act and $3,000 per violation of California’s Customer Records Act, costs, injunctive relief, and attorney fees.
The case is Comstock et al. v. Netflix Inc., No. 11-CV-1218-HRL, U.S. District Court for the Northern District of California. You can read the previous Netflix privacy class action lawsuit here.
Updated April 19th, 2011
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61 thoughts onNetflix Hit with Another Privacy Class Action Lawsuit
When we started out paying for Netflix we was paying only $4.99 and then Netflix started gradually going up on their price and it’s now I think $22 which is being drafted from our bank account. We never agreed to pay anymore than $4.99 when signed up years ago. But Netflix won’t reimburse the money they wrongfully stolen from people. Once they’re continued it’s either keep paying what we want you to or be disconnected. That’s so unfair for them to go up on the price without informing people and then most don’t notice cause it’s coming straight out of the bank account and some people don’t really pay that close attention.
Please add me I now have found I have been being charged for a gmail that is not mine. And they said my bank has to refund me the money. Im on disability and they are charging me for 2 accounts. Till I noticed it .
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Netflix sold my information
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I had my account for many years originating in Bogotá, Columbia. I would watch it there in Colombia and here in New Mexico. I had the largest plan but paid in that currency. By the time it hit my bank here in the US, it was only around $8 or $9 plus about $.30 international fee. Earlier this year, Netflix suspended and then cancelled my long established subscription with them. They wanted me to pay the higher price in USD not in Colombian money. I know this is off subject, but I think it is a separate lawsuit that you may be interested in.
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