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Blockbuster Sued Over Late Fees Claim

DesiVideoGamer writes "CNN has a story about Blockbuster's violation of New Jersey's consumer fraud act in which they made false claims in their "No More Late Fees" campaign. New Jersey Attorney General Peter Harvey filed a lawsuit today in hopes that Blockbuster would stop misleading their customers into thinking they could keep their movie rentals as long as they want without penalty."

22 of 650 comments (clear)

  1. Price Point by Klar · · Score: 5, Insightful

    These services seem like good deals on the outside, but when you really look at the prices they charge, better deals can be found elsewhere. I'd like to see a decline in the high priced rental stores like Blockbuster, and a move to lower priced store with good selection. In my town, there are several small convenience stores that do very good business renting DVD's for cheap prices($2 Canadian after tax compared to the $6ish the Blockbuster charges). One store in particular always has many copies of all the new movies, plus tons of older ones. Plus, having the movies at a convenience store gives the added benefit of a large variety of snack foods to fill up on.

    1. Re:Price Point by Jah-Wren+Ryel · · Score: 3, Insightful

      I stopped going to Blockbuster and Rogers Video after I found out that they perform their own censoring and scene-removal on films.

      Well, you are pretty stupid then because they don't do that.

      The worst Blockbuster has done is refuse to carry NC-17/unrated versions and thus put pressure for the studios to release R-rated cuts. IN the last year or two, that policy seems to have ended as I've seen a number of NC-17 and unrated DVDs are corporate owned blockbusters, including "The Dreamers" and "Y Tu Mama Tambien" as well as more mainstream flicks like, "American Wedding Unrated," etc.

      Having never heard of Rogers Video I'm sure their miniscule presence in the rental market means that they don't have the resources to make their own cuts and they aren't big enough to really put any pressure on the studios either.

      --
      When information is power, privacy is freedom.
    2. Re:Price Point by siliconjunkie · · Score: 5, Insightful

      I stopped going to Blockbuster and Rogers Video after I found out that they perform their own censoring and scene-removal on films.

      Blockbuster does not actually censor the films themselves, but they are a powerful player and have exerted their influence in order to get directors to release "R" version of certain films rather than the "NC-17" unedited cut.

      However, I think you are wrong about Rogers. The Rogers Video on Lonsdale in North Vancouver has an adult video room with full fledged porn, so I'm fairly certain they are not cutting scenes from "Boogie Nights"

    3. Re:Price Point by Jah-Wren+Ryel · · Score: 5, Insightful

      That's not true. Just proclaiming that don't doesn't make it so.

      You do realize the irony in your statement, right? I spent 10 minutes in google and google grou[s looking for supporting evidence of your claim about "Black Sheep" and not find a single mention of it.

      Did you compare the video of the Black Sheep you rented from Blockbuster with one from another source? Changes between the theaterical release to the official home video release happen all the time. For example, see Terminator 3 -- the widescreen DVD is missing boobies that were shown in the theater and are, oddly enough, on the fullscreen version (and it ain't open matte). But it doesn't matter if you got your DVD of T3 from BBV or Amazon, they are all the same content.

      So far lots of hearsay, but zero supporting evidence for the "censorship happens" side. This is an old urban legend that most likely is the result of confusing Wal-Mart's getting specially edited versions of music CDs and using guilt by association to apply the same reasoning to BBV's DVDs (BTW, while Wally World may still do this with the occasionally ultra-popular but 'offensive' CD, they have never done it with DVDs.)

      As I've purchased over 500 used DVDs from Blockbuster since 2000 I have just a little more knowledge of this topic than most.

      --
      When information is power, privacy is freedom.
    4. Re:Price Point by screwballicus · · Score: 5, Insightful

      For that matter, as far as movies go, call me crazy, but what ever happened to the public library? At present, if I want to watch any of hundreds of major titles, aside from Blockbuster and the rental chains, I have the option of taking it out from [i]either[/i] the downtown Toronto Public Library or the University of Toronto's A/V centre. How available a wide array of DVDs are through public channels will depend on where you are, no doubt, but here they're readily available.

  2. Why do we need a lawsuit? by ravenspear · · Score: 5, Insightful

    I mean if people today are so dumb that they think Blockbuster's commercials meant they could just keep rental movies forever then we have reached a new level of stupidity not equaled in quite a while.

    1. Re:Why do we need a lawsuit? by timeOday · · Score: 4, Insightful
      With netflix you can... can't you?

      I think keeping a deposit equal to the max number of rentals for an account, and doing away with due dates, is a pretty good idea.

    2. Re:Why do we need a lawsuit? by Citizen+of+Earth · · Score: 3, Insightful

      (if you keep more than 7 days past the return time, there is a restocking fee, but its a buck 25, who cares)

      Um, that's the new late fee.

  3. a way to purchase? by tsioc · · Score: 4, Insightful

    I'm thinking that if they priced it right, this could be one way to sell dvd's and games. You can rent all you want, if you like it, keep it.

  4. Truth in advertising by Mistlefoot · · Score: 4, Insightful

    Let's see.

    I can get a free cell phone almost anywhere. 3 years and $2000 later it's paid for.

    I can buy a car at 0% interest....but if I pay cash it's $$$thousands$$$ less than if I do credit.

    How come none of these advertisers are sued? Does the government really need to protect me against the cost of a DVD because I didn't read the fine print while ignoring far larger issues?

    1. Re:Truth in advertising by barc0001 · · Score: 4, Insightful

      Depends on the car company, and when you buy. I got a 0% loan on a 2004 model car when they were trying to offload them because the 2005s were coming in a month. I negotiated the sale price first, then we talked financing. The final price never changed, regardless of if I was to buy it outright, do a large down payment, or nothing up front. So I opted for nothing up front, 0% over 5 years (they wouldn't go for six, dammit!) and that was that.
      I think they were a little shell shocked by how quickly I nailed everything down finances-wise because they tried to sell me on a stereo upgrade for "only $17 a month". Hmmm. $17 a month x 60 months. $1020 for an "upgrade"... I'm thinking.... no.

  5. Re:Well, it is worse-- by aztektum · · Score: 4, Insightful

    You're telling me that you can take the time to browse their selection, wait in line to check out and sit on the movie anywhere from 14 to 44 days, but you can't find 5 seconds in that time to slip it back in their drop box?

    --
    :: aztek ::
    No sig for you!!
  6. Re:Well, it is worse-- by anethema · · Score: 4, Insightful

    I'm really confused, what's your problem? People like you are gonna ruin this great deal for the rest of us.

    You can keep the movie for 7 days in ADDITION to the normal rental time of the movie. Then, after that seven days, you have 30 days (from the orignal rental date) to return it only beeing charged 1.25$ restocking fee.

    Before this, you kept the movies for their rental times then the big late charges piled up. For the price of keeping it one day, you've already got more fees on your account than keeping it up to one month with the new system.

    How much do you think you'd pay for a movie keeping a new release 30 days with the old system? I bet it would be more than the movie is worth and you'd still have to return it. Now if you keep it that long, you've payed and you now own the movie.

    How you got +(x) informative for saying yuck to a deal that charges you signifigantly less money with no catches is beyond me.

    --


    It's easier to fight for one's principles than to live up to them.
  7. Re:Well, it is worse-- by DAldredge · · Score: 5, Insightful

    The problem is the damn ads say NO LATE FEES...

  8. The Blockbuster Plan from the horse's mouth! by MadWicKdWire · · Score: 5, Insightful

    When I was at Blockbuster recently, the customer in front of me asked about the "the end of late fees". This is exactly what the employee told the customer, word for word...

    "This lets you keep the rental for a couple of days extra, just to allow you extra time."

    That was pretty much about it, nothing about the restocking fee, which was just appeared on their price list one day. Nothing about after 30 days, we charge your credit card on file for the rental value of the rental.

    The reason for the lawsuit is simple... they changed the way they do their rentals, because they suspect that you could accidentally forget aobut the rental and then keep it too long, but then since they will debit your credit card, by the time you find out, it's too late.

    Now, here is the problem, you were NEVER told about the restocking fee or the 30 days late we charge you. That is down right wrong. They should tell you EXACTLY what will happen. Even in the commerical, there are no little words at the bottom of the screen or some crazy fast talking guy.

    It's riding VERY close on false advertising, but it is the end of late fees... they just have restocking fees and purchase charges!

    THANK [Fill in god of your choice] FOR NETFLIX!!!

    --
    Sig (appended to the end of comments you post, 120 chars)... oops
  9. it's not stupidity by Ka+D'Argo · · Score: 5, Insightful

    For those that say "to think you'd never have to return it", its not stupidity. Blockbuster specifically advertises on tv in prime time commercial slots NO LATE FEES, with no extra wording such as "Other details apply" or the ever lasting Read the Fine Print.

    Now with that in mind, if I actually used Blockbuster I would go in, and rent a new release movie for whatever X amount they charge. Now within common sense Blockbusters "NO LATE FEES" policy they have advertised, they CAN institute a policy that say within 30 days you must return the video, but within those 30 days you WILL NOT be charged late fees. And they could throw in some clause such as if the video is not returned, your account is forfiet. No late fees doesn't mean "keep forever" but it means that if you forget or just don't give a fuck like most common people when they rent a movie, you won't be penalized for it.

    Is that ok? No, of course not. People shouldn't automatically assume you can keep it forever after "Renting" it for $5. HOWEVER, Blockbuster is in the wrong here. They blatantly advertised NO LATE FEES. In their ads, they never mention you must sign up for some special monthy deal or pay a monthly fee, they just say NO LATE FEES. A nickel and dime lawyer could win this case of Faulty Advertisment in court quicker than OJ was aquited.

    --
    Aw Frell this
  10. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  11. Re:A rant... by ColaMan · · Score: 5, Insightful

    If you're up to some fiddling, play DVD's on your PC with mplayer, or get a mythTV box going and (using it's internal DVD player/ripper module) jump straight to the movie, without the ads.

    Then, just for **extra spite value**, rip and compress it to your hard drive, so that every time you play it you can say, "Yeah! Take that Blockbuster, you FUCKERS!"

    That's what I do... and frankly, it feels good every time I do it.

    --

    You are in a twisty maze of processor lines, all alike.
    There is a lot of hype here.
  12. Explaining the policy by Repton · · Score: 4, Insightful

    Quote from TFA:

    The company said it was "surprised" that Harvey did not contact company officials to allow them to explain the new policy.

    The average customer doesn't get any special explaining... If they're judging an ad campaign, how can they judge it, save by looking only at the campaign?

    --
    Repton.
    They say that only an experienced wizard can do the tengu shuffle.
  13. Re:there are no more late fees... by Haeleth · · Score: 4, Insightful
    You never pay a late fee. You simply own the movie.
    They say no late fees. They mean no late fees. It doesn't say anything about other fees.

    I've decided to start a new political party. We pledge that if we get power, we will ABOLISH TAXES. You heard me right - we will operate a ZERO TAX POLICY. You will never have to pay tax again for as long as we are in power.

    I take it I can count on your vote?

    (We may, from time to time, at our discretion, charge Residence Fees of up to 100% of your annual income. We believe that the advantage of living in a TAX-FREE society will more than make up for you simply being forced to give all your money to the government.)
    Get the point?
  14. People forget by jwcorder · · Score: 3, Insightful
    Most people seem to forget that if you want to keep the movies as long as you want, they have an unlimited rental plan just like Netlfix. This is only for people who sometimes keep their movies over a few days. The only people bitching are the same people who think they can keep a library book for 6 months.

    The majority of their rentals are 5 days. You get a week in addition to that. If you can't stop by the video store on your way home to drop your movies off in 12 days, they should charge you.

    Or better yet, go back to the old policy and autodraft late fees from the customers. See which policy causes people to bitch more.

    --
    http://jayceecorder.blogspot.com
  15. Re:Bunch of whiners! by Anita+Coney · · Score: 5, Insightful

    First, did you read the links above?! Blockbuster says, without an OUNCE of ambiguity, that "there are no more late fees." It has a link to "find out more" and that link is DEAD!

    Here's a scenario, what if the pamphlets and the dead links said you had to turn over your first born child?! Would that be fair too?

    The fact is that Blockbuster COULD have put the fact that you've bought them after a week on their signs AND on their website. How difficult is it to say, "There are no more late fees, after a week, you've bought it!" The ONLY reason that did not do something so incredibly simple is because they want to deceive their customers!

    The fact that Blockbuster did NOT say that means they were committing fraud by omission.

    I agree that consumers have to take some responsibility, but when a company says "no more late fees" but then charges you 20 bucks automatically after a week, they are screwing customers over!

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.