
Dan of Minneapolis, MN on March 6, 2009
I re-activated my Blockbuster Online account on Jan 28, 2009. The contract was that they would supply me with 3 movies at a time via mail, allow me to swap mailed movies for in-store rentals free of charge 5 times per month, and I would pay them $19.99 per month, plus taxes. On Feburary 16, with all movies having been returned to them, they failed to send any movies out. On February 26, when they should have sent out 3 movies, they only sent two. I returned movies to the store on March 1, and tried to use the first of my second month's in-store exchanges, and was told that I had no exchanges available. On March 2nd, with all movies (other than a cash rental I'd taken from the store on the first) having been returned, they failed to send any movies. I complained to their customer service line on March 3, and they shipped my 3 movies.
I returned 2 of those movies to their store on March 4, and got an in-store exchange. I was informed at that time that the in-store exchanges would now be counted as if they'd been mailed - until returned, it would count as one of the 3 movies they had contracted to have shipped to me - a change from their previous policy, and the contract I had paid for. By their new rules, I had 2 movies out at the start of the business day of March 5, yet they again failed to send the third movie they'd contracted for. In background, when one requests movies from Blockbuster Online, one adds movies from their online menu to a queue, in the order in which the customer would like to have them shipped. Each movie has one of four availability ratings - available, short wait, long wait, or very long wait - these ratings reflecting Blockbuster's available stock and expectations of when they'll be able to ship movies that are not currently in stock - a fairly standard practice in the industry.
When I talked with their customer service rep on March 3rd, I was told that they would only ship movies if the movies at the top of my queue were currently available - if those movies were in one of the wait categories, that they would not ship movies. In a followup email from an web site complaint that I entered on the third (answered via email at 2:42am on March 4), it was explained that they would not ship in order to improve service, so that if one of the 'wait' movies became available, I would have empty slots and they could then send the movie that had been previously been unavailable. I am not aware of any time at which at least 5 of the top 15 movies in my queue have not enjoyed 'available' status. They also claim that their system simply malfunctions if there are less than 30 movies in the queue, or less than 30 'available' movies in the queue, depending on current circumstances.
I understand that I'm a high-traffic customer for Blockbuster, watching more movies than the average customer. I understand that their profit on such a contract is higher with lower-traffic customers. I also understand that they promise an unlimited number of rentals per month, with 3 movies shipped from them at a time, with shipping restricted to standard business days - and they are not living up to their end of the contract.
My claim rests solely on the fact that they have 1) altered the contract without any advance notice, after receiving money for said contract, and 2) failed to deliver what was promised when the contract was agreed to. Not, with only one customer, worth going to court over - the damages would not be as high as the court filing fees, and punitive damages are not to be counted upon - nor would I ask for any. However, if there are enough complaints (and there are many people complaining about this and other abuses of their contracts on several web sites), and this could be made a class-action suit, the expenses could be considerably less than the total actual damages, making such a suit worthwhile for a lawyer to pursue.
I expect that the emotional satisfaction of having their complaints validated would be of more value to the potential plaintiffs than the actual cash settlement, but that's an intangible oft worth considerable effort. If, under current law, such a suit isn't feasable, I guess that all I can do is cancel my contract when it becomes due at the end of the month, and hope I don't become one of the many people complaining about being charged for contracts that had been canceled. Thanks for reading my venting, in any case.