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Tuesday, July 16, 2019

MoviePass subscribers allege 'unfair bait-and-switch scheme'

Lawsuits

By Bree Gonzales | Feb 19, 2019


NEW YORK (Legal Newsline) – Two MoviePass subscribers allege the discount movie ticket service engaged in a "deceptive and unfair bait-and-switch scheme" because it led them to believe they could have unlimited access to tickets to movies playing in theaters.

Lawrence Weinberger and Laurie Weinberger filed a complaint on behalf of all others similarly situated on Feb. 1 in the U.S. District Court for the Southern District of New York against MoviePass Inc. alleging violation of New York's Consumer Protection from Deceptive Acts and Practices Act and other counts.

According to the complaint, the defendant allegedly led consumers to believe that purchasing a subscription would allow them to purchase a ticket at any time, at any theater, on any day.

The plaintiffs, who are husband and wife, purchased a one-year MoviePass subscription for $105.35 in March 2018, the suit states. They allege they have only seen three movies with the MoviePass subscription because the MoviePass app would state that the theaters they selected had no more available screenings.

The plaintiffs hold MoviePass Inc. responsible because the defendant's marketing of its subscriptions allegedly misled them as to whether a subscription provided "unlimited" access.

The plaintiffs request a trial by jury and seek all injunctive relief; monetary damages, including but not limited to any compensatory, incidental, or consequential damages in an amount that the court or jury will determine; pre- and post-judgment interest to the extent the law allows; and other further relief as the court may deem just and proper. They are represented by Michael R. Reese of Reese LLP in New York.

U.S. District Court for the Southern District of New York case number 1:19-cv-01039-DAB

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Reese LLP U.S. District Court for the Southern District of New York New York Division

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