OAKLAND — A class-action lawsuit has been filed against MoviePass, Inc., Helios and Matheson Analytics Inc., Ted Farnsworth, Stuart Benson, Mitch Lowe, and others, claiming the subscription-based movie ticketing operators violate various state laws by refusing to provide refunds.
The suit was filed at the U.S. District Court for the Northern District of California by Jackie Tabas and Katherine Rosenberg-Wohl.
According to their complaint, the plaintiffs allege that Tabas and Rosenberg-Wohl were subscribers since November 2017. However, they had increasing difficulty finding movies that they cared to watch on the app.
Rosenberg-Wohl canceled her plan in August 2018 and was told that she would not receive a refund but could still access her plan through the end of the term for which she had paid. But she claims that didn't happen as she couldn't access her plan during the remainder of her term. Her complaints were ignored, she claims.
The plaintiffs claim the defendants failed to honor the terms in the contract and have retained consumers' money without giving them the correct service they should have received.
The plaintiffs request a trial by jury and seek actual, consequential, incidental and special damages, nominal damages, civil penalties, interest, punitive and/or exemplary damages, restitution, attorneys’ fees, and costs. They are represented by David M. Rosenberg-Wohl of Hershenson Rosenberg-Wohl in San Francisco.
U.S. District Court for the Northern District of California Case number 4:18-cv-07087-DMR