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hammerandnailsdept

Sm Claims against MoviePass.com

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MoviePass.com gives you access to see one theater movie every day for $10/month or $7/mo paid annually. 

I subscribed and my wife and I were going about twice a week average until there was a problem, where a ticket agent mistakenly tried to put 2 tickets on my account.

Moviepass cancelled my account and I've been negotiating with their cs people for two months, now finally, they are telling me that they have reviewed and are sticking by their cancellation.  Does not matter the fault, I'm banned. 

I believe they are fraudulently offering the service and look for frivolous reasons to cancel high volume users like us. 

I'm thinking I might get their attention, possibly on a national level with a simple sm claims suit. Although I could not seek relief in the form of reinstating my account, I could cite damages 10 mo x 30 days x $14...$4,200 with the goal of embarrassing them into treating me an other users fairly.  I realize there could be problems with the venue, but I've used their service and they provide service in Orange County, so seems like if just getting their attention is the goal, might be worth the hassle.

 

thoughts? 

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I doubt any judge would accept your method of calculating damages.  You would probably be limited to the amount you paid for the subscription.  Small claims cases are not recorded and it is highly unlikely anyone would ever know of your suit.

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2 hours ago, hammerandnailsdept said:

I believe they are fraudulently offering the service and look for frivolous reasons to cancel high volume users like us.

 

Do you have any evidence to support this "belief" or is this just rank speculation?

 

 

2 hours ago, hammerandnailsdept said:

I'm thinking I might get their attention, possibly on a national level with a simple sm claims suit.

 

I'm not really sure what "get their attention . . . on a national level" might mean.  If you sue this company in small claims suit, I'm fairly sure it will get someone's attention.  However, you appear to have no basis for a lawsuit.  Moreover, while the terms of service governing this product preserve your "right to seek remedies in small claims court for disputes or claims within that court's jurisdiction," the terms of service also require that any lawsuit or arbitration take place in New York County, New York (i.e., Manhattan).  Are you prepared to travel to NYC to pursue this?

 

 

2 hours ago, hammerandnailsdept said:

I could cite damages 10 mo x 30 days x $14...$4,200

 

What is the basis for this calculation?  In other words, what would make you think you're entitled to damages of $14 per day for 300 days?

 

 

2 hours ago, hammerandnailsdept said:

with the goal of embarrassing them into treating me an other users fairly.

 

What would make you think it's possible to embarrass a corporation or that causing embarrassment is a legitimate reason to sue?  Moreover, what would make you think that a small claims suit will cause anyone any embarrassment?  If generating some sort of negative publicity is your goal, I'm sure there are plenty of review sites on the internet

 

 

2 hours ago, hammerandnailsdept said:

I subscribed for one year, paid in advance.

 

That means you paid $168 (2 passes x $7 per month x 12 months), right?  You didn't say how far into the year your membership was cancelled, but did you get a refund for the unused months?  If so, you have nothing to sue for.

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Sounds like y'all think it's a bad idea.  

No, there has not been a refund. 

To be clear, they only cancelled one of our accounts...the damages based on their bias towards high volume users of their service.  They promised a movie each day but, apparently since we use more than our $7/mo worth, they don't want us and find ways to cancel. 

Just an idea, thanks a lot for your feed back. 

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I got moviepass in july of 2018. It was a free month for two accounts, my wife and I. In the weeks following, we realized almost all the movies were blacked out so I called them and cancelled our subscription. They said ok and that's it will still be good til the end of the promo period. They charged me the following month so I called and complained. They said they would look into it and get back to me, not to worry. Never got back to us. The next month; charged again. Another call and a couple emails later, same response, we'll take care of it. This has been the case for 11 months and $236. Can I take them to small claims in California? The contract was signed here in my jurisdiction. Please advise.

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46 minutes ago, Harried&Hopeless said:

The contract was signed here in my jurisdiction

 

Did you read the contract? Did you follow the instructions for cancelling the account? Not what somebody told you on the phone, but what is written in the contract.

 

Anyway, if you were making automatic payments by credit card you can file a dispute with the credit card company to see how many months of chargebacks are available.

 

You should have been disputing each monthly charge as it occurred.

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I'm very surprised they even allowed you to cancel via phone.

 

 

How do I cancel my account?

In order to cancel your MoviePass account please follow the directions below:
  • You can cancel your account by going to the Account tab, and then the “Account Details” section.
  • Under “Plan & Billing” you will find your plan info with a Cancel button.
  • On the cancellation screen choose your reason for cancellation.
  • Please note that if you cancel a month-to-month or annual subscription you will not be able to reactivate your account or start a new subscription for 9 months (exception made when redeeming a gift subscription that carries from an active month to month subscription) 
  • Prorated refunds are not offered if canceling an annual subscription while still in term.
  • Your MoviePass account will remain active until the end of the current billing period.
  • Once you press the cancel button, you will receive a popup notification showing the last date of MoviePass service. You will also receive an email with the last date of service.
 
 

 

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13 hours ago, Harried&Hopeless said:

Can I take them to small claims in California?

 

Seeing as how you posted in an existing thread, one would have thought you'd have read the prior responses.  Please do so since your question has already been answered.

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