Sarah Mirando  |  April 19, 2011

Category: Legal News

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Netflix Hit with Another Privacy Class Action Lawsuit

 

By Kimberly Mirando

NetflixNetflix (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.

 

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Updated April 19th, 2011

 

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59 thoughts onNetflix Hit with Another Privacy Class Action Lawsuit

  1. Kimberly M says:

    Add me

  2. Raven-sky mcdonough says:

    Add me please

  3. Dora Blue says:

    I never had account with Netflix some how they start taken money out my bank account i was no longer living in the state of Arkansas i move in 2001.

  4. Melissa says:

    Please. add me.

  5. Rose Marie Ezell says:

    How does one join this lawsuit?

  6. Latoya Martin says:

    I cancelled my account several times because other people were using it and Netflix still continues to this day to allow other people to set up an account.

  7. Shanieka Perez says:

    I canceled my account with Netflix, and realize months later that I was still being charged. I could not figure out why my account was having overdraft. I’m on a set income when medication goes up cable, Netflix goes off. Netflix complicated my life.

  8. Jennifer Hoefsmit says:

    Add me! Netflix didn’t remove my card information on an account that was cancelled due to being compromised through a data breach and 3 months later that card started being charged again. I told Netflix to completely delete my card information and the rep asked me to enter the card number on the phone to verify. Is this a joke?

  9. Paula Introna says:

    I’ve had to cancel Netflix two times in a row because my payment information was retrieved (I’m assuming from the site) where I was paying for 2 separate Netflix accounts at a time. The first time it happened, I canceled and opened up a new account with them, with a new card. That very same day I opened up the brand new account with them, BOOM I started paying for 2 accounts again. I didn’t catch that it happened again for awhile because really who assumes the same issue would occur twice AND on the same day of opening up a new account with a new card. My bank provided me with the information on when it all transpired. I was pissed and didn’t even get all the money back from the fraudulent account I was paying for. Needless to say, I never renewed my subscription with them and haven’t had any issues with any other video provider. Netflix needs to do better with securing their customers payment information.

    1. Brenda M Kahaialii says:

      I was being charged for two accounts and they would not provide me with the information on the second account, even though I pay for it!! They would not even provide me with a phone number for a lawyer or someone I could speak to to get this information. The call-center is a joke! They don’t listen to your questions or provide you with any information. Please add my name onto this list.

    2. Tricia Dunne says:

      This is happening to me since February my ex husband moved out I cancel the subscription got a new card and some how he is attached to a difference Netflix account BC I live in ON and I am pay for both Netflix canceled it twice this is a breach of privacy and I did not get refunded for all of it only the 2 mo the that I called how is it possible with a new card to still have access.

  10. Crystal J says:

    I have had Netflix for over 10 years the price has continually increased Please add my name to this list

    1. Don E says:

      You know Crystal – at any time in those 10 years you could have discontinued subscribing to Netflix. EVERYTHING has gone up in price in 10 years. That doesn’t mean you can sue over it.

      I fear for the future of the USA with the reading comprehension skills that are being demonstrated in these replies.

      1. Rachel says:

        Congratulations on not reading the article, which was about Netflix retaining customer information AFTER they cancel.

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