Class Action Lawsuit Against Redbox Receives Another Big Victory
Attorneys for Plaintiff in a proposed nationwide class action lawsuit against DVD rental kiosk giant Redbox, alleging its "no late fee" and "maximum charge fee" policies violate various state laws, are pleased to announce another recent victory for the plaintiff and potential nationwide victims of Redbox's unfair practices.
In an order entered May 27, 2010, Judge Patrick Young denied Redbox’s attempt to have the lawsuit thrown out of court based on various theories contained in its motion to dismiss.
The court succinctly stated during the hearing, “The Court having reviewed the file, having heard arguments of counsel and having looked at all the attachments to the complaint finds that the complaint does survive the motion – a 2-615 motion to dismiss. So the motion to dismiss is denied.”
After denying the motion to dismiss, Judge Young ordered Redbox to answer both Plaintiff’s complaint and discovery requests by July 16, 2010.
In the meantime, Plaintiff’s counsel has not remained idle. Three major DVD rental companies, including Blockbuster, Inc., which recently announced a return to “late fees” for its Blockbuster Express DVD vending kiosks, along with its operators NCR Corporation and The New Release L.P. were served subpoenas yesterday to determine why they chose the same “late fee” model as Redbox. Plaintiff’s lawyers have also subpoenaed McDonald’s Corporation for all documents relating to the Redbox program, where it originally began.
Jeffrey A. J. Millar, co-lead counsel for Plaintiff and the potential nationwide classes stated he was pleased with the ruling but acknowledged there is still much to do. "We have demonstrated to the Court the Complaint states viable causes of action for violations of Illinois law and begun the subpoena process against those other companies we think have strikingly similar “late fee” policies. We anticipate receiving Redbox’s answers to our discovery requests within the next month and working our way through the summer towards a ruling on class certification, which will determine the scope and size of the class.”
For more details, copies of the subpoenas, the recent court order denying Redbox’s motion to dismiss, other information on the case or to sign up for action alerts, please contact Plaintiff's counsel through the case web site at www.redboxlatefees.com
2010-05-27 Order Denying MTD and LIFTING Discovery Stay
2010-06-21 New Release LP Subpoena
2010-06-21 NCR Subpoena
2010-06-21 Blockbuster Subpoena
2010-06-21 McDonald's Subpoena