Redbox Instant Hit with Class Action Lawsuit from Deaf Customers

There are a growing number of plaintiffs who argue that companies do not adequately provide “reasonable accommodations” as required by the Americans with Disabilities Act, but a new class action lawsuit filed in California argues that the companies Redbox and Verizon are doing something much worse: allegedly advertising that their streaming movies can be enjoyed by the deaf without actually offering closed captioned titles.

The Redbox class action lawsuit cites violations of California’s Consumer Legal Remedies Act and False Advertising Law among others, alleging that the streaming movie provider “misrepresented the certification of their DVD and video streaming content as close captioned” and, as such, took payments from consumers unlawfully because their products were not for the purpose warranted.

Lead plaintiff Francis Jancik also names Verizon as a defendant, arguing that the company provides Redbox Instant streaming movies to customers, thereby providing the same misrepresentations regarding closed captioning or subtitles. Jancik alleges in the Redbox class action lawsuit that he has contacted the companies numerous times about the alleged false advertising, but in spite of sending a notice letter required under the Consumer Legal Remedies Act, neither company has effectively offered redress for the issues.

In doing so, deaf and hard-of-hearing customers continue to believe that when they obtain streaming movies from Redbox Instant that they will be closed captioned as represented by the company, yet many movies allegedly do not match those advertised claims. The Redbox class action lawsuit is also seeking injunctive relief so that the company will stop advertising its content as accommodating the hearing impaired if, in fact, it does not.

Even if the company’s advertisements and statements did not exist, however, there would still be  violations of the Americans with Disabilities Act, the class action lawsuit alleges. Since the Redbox movie kiosks are commercial in nature and accessible by any member of the public, Jancik believes that they should be subject to regulations regarding “places of public accommodations,” among other questions of fact.

The Redbox Closed Captioned Movies Class Action Lawsuit is Francis Jancik v. Redbox Automated Retail, LLC et al., Case No. 13-cv-01387, U.S. District Court, Central District of California.

If you are a deaf or hard-of-hearing California resident who has tried to access streaming movies from Redbox Instant that were not closed captioned or were falsely advertised as closed captioned, you may be eligible to join the class action lawsuit against Redbox and Verizon. Learn more and see if you qualify at the Redbox Movies Closed Captioning Class Action Lawsuit Investigation.