I want to sue Netflix in Small Claims . . .
PipWhi...@gmail.com
You may or may not know about the class action lawsuit that was
filed in California against Netflix.com for "throttling" their
customers. Throttling is a practice whereby netflix delibrately slow
down the mailing of the movies to their customers even though their ads
say that their service provides "unlimited" rental.
Well, I missed the chance to get into that law suit.
However, I do live in California and I am being terribly
"throttled" by netflix. For example: I sent back all three of my
movies on Friday last week. It is now already Wednesday and they still
have not acknowledge receipt of those movies. And this has begun to
happen to me on a regular basis. So, they are obviously "throttling"
me. When I first started the Netflix rentals, I used to get one day
turn arounds--therefore I know that the usual time for postal delivery
is only one day.
Anyways, my question is: Can I sue big out of state corporations
like Netflix in small claims cour in CA? They do lots of business in
CA and they are screwing over a lot of little guys like me. I would
like to sue these bastards in small claims. My hope is that by doing
this, they will realize that it would simply be less expensive (in
terms of having to go to small claims court to answer my suits) to just
give me my movies in a timely manner. In other words, I am just trying
to sue them in order to try to make them act properly (which they
should have been doing in the first place).
So, is it possible to sue Netflix in CA? Any pointers would be
appreciated. I am not familiar with small claims courts.
thanks in advance
signed: Angry guy.
bat
P> like Netflix in small claims cour in CA?
yes.
P> They do lots of business in CA and they are screwing over a lot of
P> little guys like me.
irrelevant. In small claims, you sue only for your own damages, which are
negligible. Not a class action.
P> I would like to sue these bastards in small claims. My hope is that
P> by doing this, they will realize
Most likely, they won't even come to court. But if they do, you will have
hard time because (1) you won't be able to prove anything, and (2) if you
are not satisfied, you can cancel at any time.
P> that it would simply be less expensive (in terms of having to go to
P> small claims court to answer my suits) to just give me my movies in a
P> timely manner.
chances are, if you call them and tell them, they will do just that. It
worked for me exactly this way, several years ago: suddenly, 5 days turned
into 1-2.
P> In other words, I am just trying to sue them in order to try to make
P> them act properly
The only real threat that can make corporation act properly is class action
suit, not a small claim.
Scott Hedrick
<PipWhi...@gmail.com> wrote in message
news:ucfnh25lu3aqil38f...@4ax.com...
> Anyways, my question is: Can I sue big out of state corporations
> like Netflix in small claims cour in CA?
SUre you can. However, you might want to check your agreement with Netflix-
you may have agreed to another jurisdiction, highly inconvenient to you, in
which case your suit in CA would be thrown out.
Stuart A. Bronstein
> <PipWhi...@gmail.com> wrote
>> Anyways, my question is: Can I sue big out of state
>> corporations like Netflix in small claims cour in CA?
>
> SUre you can. However, you might want to check your agreement with
> Netflix- you may have agreed to another jurisdiction, highly
> inconvenient to you, in which case your suit in CA would be thrown
> out.
In consumer contracts in California a burdensome forum selection clause
could be held to be unconscionable and therefore unenforceable.
Stu
John F. Carr
Is there anything in California small claims procedure
that would allow Netflix to raise that defense without
sending an employee to court to defend the case?
--
John Carr (j...@mit.edu)
Barry Gold
> However, I do live in California and I am being terribly
>"throttled" by netflix. For example: I sent back all three of my
>movies on Friday last week. It is now already Wednesday and they still
>have not acknowledge receipt of those movies.
You don't say where in California you live. In Los Angeles, for
example, one-way delivery times of 5-10 days are not at all uncommon,
assuming you used ordinary "first class" mail. I put quotes around
"first class" because these days "first class" mail gets you
third-class service.
--
I pledge allegiance to the Constitution of the United States of America, and
to the republic which it established, one nation from many peoples, promising
liberty and justice for all.
Feel free to use the above variant pledge in your own postings.
Stuart A. Bronstein
> Scott Hedrick <dinehnm...@yahoo.com> wrote:
>><PipWhi...@gmail.com> wrote i
>>> Anyways, my question is: Can I sue big out of state
>>> corporations like Netflix in small claims cour in CA?
>>
>>SUre you can. However, you might want to check your agreement with
>>Netflix- you may have agreed to another jurisdiction, highly
>>inconvenient to you, in which case your suit in CA would be thrown
>>out.
>
> Is there anything in California small claims procedure
> that would allow Netflix to raise that defense without
> sending an employee to court to defend the case?
They can challenge venue by letter before the hearing. But if venue is
out of state and based on a written agreement in a consumer contract,
change of venue is unlikely to be granted.
Stu