I would like to opt-out of the Netflix class action suit, please - SLUniverse Forums
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Old 08-01-2012, 02:01 PM   #1 (permalink)
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I would like to opt-out of the Netflix class action suit, please

It is my belief that class action suits, for the most part, exist to make huge sums for the lawyers, diddly squat for the plaintiffs, and bilk it all from a company that may not have even done much wrong to begin with.

If you've ever used Netflix, you've most likely been emailed about this.

Class-action lawsuit settlement forces Netflix privacy changes | Ars Technica

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Our records show that you were a current or former Netflix subscriber as of July 5, 2012. We are emailing to tell you about a Settlement that may affect your legal rights. Please read this email carefully. Go to Video Privacy Class > Home for more information.
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According to the settlement, Netflix—which denies that it has committed any wrongdoing—will pay out $9 million into a settlement fund. $2.25 million of that will go to attorneys’ fees, $30,000 to be split between the two named plaintiffs, and the rest going to charitable donations. TechDirt called the lawsuit “a bit silly" (which as far as I'm concerned, is a bit of an understatement).
Well, I wish no part in this. So what do I have to do to not be part of this? According to Video Privacy Class > Commonly Asked Questions :

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You can “exclude” yourself from the Settlement Class by following the steps set forth below. If you choose to exclude yourself from the Settlement Class, you may pursue whatever legal rights you have in any separate proceeding if you choose to do so, but you will have to do so at your own expense.

To exclude yourself from the Settlement Class, you must send a letter saying that you want to be “excluded” from the Class in In re Netflix Privacy Litigation, No. 5:11-cv-00379-EJD. Your exclusion request must include your name, address, telephone number, signature, and a signed statement to the effect that: “I/We hereby request to be excluded from the proposed Settlement Class in In re Netflix Privacy Litigation.” Your exclusion request must be postmarked no later than November 14, 2012, and sent to the Settlement Administrator at the following address:

Netflix Privacy Settlement Administrator; PO Box 2750; Faribault, MN 55021-9750

A request for exclusion that does not include all of the above information, that is sent to an address other than the one listed above, or that is not received on time, will not be valid and the person[s] asking to be excluded will be bound as class member(s) by the Settlement.
Wow. Apparently in America, its so easy to litigate that its now harder NOT to sue someone.

And isn't this about privacy violation? So why does some lawyer I've never corresponded with have my name and email and has already included me in their case? That seems like the violation, to me.
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Old 08-01-2012, 02:09 PM   #2 (permalink)
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Here's what those valiant lawyers did for the common good the last time they went after Netflix:

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The "class" (the people supposedly wronged) rarely get much, if any money at all. Of course, one of the first stories that clued me into all of this involved a settlement in a class action lawsuit against Netflix way back in 2005, in which the lawyers got $2.5 million... and everyone in the "class" just got their accounts upgraded for a month (and if you forgot to manually downgrade after that month was over, you were charged more).
Yet Again, Netflix Class Action Shows That Class Action Lawsuits Are Mostly About Making Lawyers Rich | Techdirt
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Old 08-01-2012, 02:11 PM   #3 (permalink)
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What I hate about class action suits is they are like those disclaimers people put in their SL profiles. If somebody files a class action suit and you do not know about it you have lost the right to sue on your own. Or even if you do know about it you have to explicitly opt out (rather than opt in).
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Ok, I have to ask, WTF is this thread even about and why is it hundreds of posts? I am out of vodka so I don't feel like reading it to find out.
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Old 08-01-2012, 02:11 PM   #4 (permalink)
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It is my understanding that class action suits allow a lot of small folk to take on the big folk..
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Old 08-01-2012, 02:13 PM   #5 (permalink)
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It is my understanding that class action suits allow a lot of small folk to take on the big folk..
The road to fattening a lawyer's wallet is paved with good intentions.
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Old 08-01-2012, 02:16 PM   #6 (permalink)
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The road to fattening a lawyer's wallet is paved with good intentions.
The entire justice system is designed for these guys to make money.
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Old 08-01-2012, 02:17 PM   #7 (permalink)
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Theoretically, class action suits exist to make it possible when someone damages a large number of people by a small enough amount to make it impractical for each person to sue individually.

It's up to you and your particular situation, but as a general matter, there is no reason to exclude yourself from a class unless you think you can do better pursuing the action individually. (Or I suppose in the rare case where you get nothing by staying in the class- if the Netflix class action gives absolutely nothing to the members of the class, there is nothing to gain by staying in.)

I have gotten a few checks from class action settlements- I don't remember exactly, I think one was about ten dollars and the other about twenty- but I'll accept free money.
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Old 08-01-2012, 02:20 PM   #8 (permalink)
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I was part of a class action for a fotmer employer not paying proper overtine a few years ago and actually got a pretty heafty check out of it.

That said, I don't wany Netflix to screw up its recomendation engine by "divorcing my name from my viewed content". Can I opt out of that?
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Old 08-01-2012, 02:36 PM   #9 (permalink)
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The lawyers get $2.5 million, the two assholes who started it get $30,000 each, and everyone else gets jack shit whether they're in or out?

I think the two named plaintiffs should have to pay Netflix $30,000 each, the attorneys be fined $2.5 million and disbarred.
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Old 08-01-2012, 02:38 PM   #10 (permalink)
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Old 08-02-2012, 03:21 PM   #11 (permalink)
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The reason there is so much documentation associated with 'excluding' yourself from a class action lawsuit is, you can still sue Netflix yourself later. So there has to be documented proof that you didn't agree to be included in the class action if/when you go after Netflix yourself.

Of course I understand that's not your intent, but Nexflix's Lawyers and these Class action Lawyers don't know that.

It's also probably prudent to note excluding yourself doesn't make the Lawyers any less money. It just means all of the other plaintiffs in the class action group get to divide up your 2 dollar check among themselves.
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Old 08-02-2012, 03:39 PM   #12 (permalink)
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I got one of those emails because years ago I used Netflix.

Imo, class action lawsuits have become nothing but a way for lawyers to fill their coffers. Usually, the people that were wronged receive nada, a pittance, or some discount on future purchase.

The lawyers walk away with millions of dollars.

The idea behind class action suits is valid, but it's been perverted, so much so, that they are meaningless.
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Old 08-02-2012, 03:40 PM   #13 (permalink)
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And heck, if Netflix can be sued for keeping people's data on file, I am ready to sue Google.
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Old 08-02-2012, 05:01 PM   #14 (permalink)
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I was part of a large class action suit years ago-I don't even remember what company-and received an award of a bit under 2 dollars USD
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Old 08-02-2012, 05:36 PM   #15 (permalink)
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And heck, if Netflix can be sued for keeping people's data on file, I am ready to sue Google.
it wasn't about keeing people's data on file, it was about keeping identifiable data on file and selling that to other parties...

personally the idea of selling identifiable information by itself is bad enough, but to do it after you've already terminated your relationship with the company? that's just asking to be shot in the foot.

yeah it blows that it's the lawyers that are the ones profiting most from these things... their costs are ridiculously inflated. but it did still benefit even current users... they can no longer sell your personal history with identifiable information, and they can't sell your identity on after you've left. things that should have been in place from the start, but better late than never.
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Old 08-03-2012, 12:11 AM   #16 (permalink)
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I got a notice of a class action suit for a stock manipulation on a stock I had owned. After going through all the paperwork just to get an idea of the size of it I concluded it would take me about 3 hours worth of work and printing, plus mailing all this in at my expense to possibly collect $18. Pass.
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Old 08-03-2012, 12:27 AM   #17 (permalink)
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I got one for some sort of eBay Motors lawsuit once for like .60 cents. The tiny chexk was so rediculous that I just kept it instead of cashing it.
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Old 08-03-2012, 04:18 AM   #18 (permalink)
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It just means all of the other plaintiffs in the class action group get to divide up your 2 dollar check among themselves.
According to the article, there aren't any $2 checks. All the money goes to lawyers, two named plaintiffs and charities. It's a shakedown.
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Old 08-03-2012, 05:05 AM   #19 (permalink)
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it wasn't about keeing people's data on file, it was about keeping identifiable data on file and selling that to other parties...

personally the idea of selling identifiable information by itself is bad enough, but to do it after you've already terminated your relationship with the company? that's just asking to be shot in the foot.

yeah it blows that it's the lawyers that are the ones profiting most from these things... their costs are ridiculously inflated. but it did still benefit even current users... they can no longer sell your personal history with identifiable information, and they can't sell your identity on after you've left. things that should have been in place from the start, but better late than never.

You are absolutely right. It can change future behavior, and that is a strong plus.

That doesn't do one bit of good for those that were wronged though. For example, they likely sold my name. Not that it is something that keeps me up at night. That can happen by using Facebook. You can't unring the bell. Justice is supposed to be about correcting wrongs for the people that were wronged, right?

I still see it as nothing but a money grab, from deep pockets, for lawyers.

Last edited by Jolene Benoir; 08-03-2012 at 05:16 AM. Reason: Edited last sentence
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Old 08-03-2012, 05:22 AM   #20 (permalink)
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Many moons ago, my mother was included (well sent information about) a class action lawsuit against a money lender.

It had something to do with their interest rates being illegal.

Though it was clearly a case of unlawful behavior none of the people who had been screwed out of the money got a dime. They received a discount coupon to get a loan from them again.

Oh goodie. You may have screwed someone out of hundreds or thousands of dollars, but now they get a coupon to use your services again? Like that would happen.

Imo, the better situation would have been to have refunded the money to those affected. That doesn't seem to be how class action lawsuits work, nor even the goal.
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Old 08-03-2012, 05:56 AM   #21 (permalink)
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You are absolutely right. It can change future behavior, and that is a strong plus.

That doesn't do one bit of good for those that were wronged though. For example, they likely sold my name. Not that it is something that keeps me up at night. That can happen by using Facebook. You can't unring the bell. Justice is supposed to be about correcting wrongs for the people that were wronged, right?

I still see it as nothing but a money grab, from deep pockets, for lawyers.
unfortunately we do not have a system of justice, but rather a system of law... that means that bad deeds generally do get punished, but the past victims are not generally the ones that benefit from it.

you'll get no argument from me as to how ridiculous it is that the lawyers and a few plaintiffs get massively rewarded, and everyone else gets "not screwed further"...
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