If You Rented Online DVDs from Netflix, A Class Action And A Settlement With Wal-Mart May Affect You

November 23, 2011 by

The class action settlement reached between the class and Wal-Mart in a class action lawsuit against Wal-Mart Stores Inc. in the United States District Court for the Northern District of California (styled In re: Online DVD Rental Antitrust Litigation, MDL No. 2029) that we reported earlier about has now been preliminarily approved.  The complaint alleged that Wal-Mart and Netflix reached an unlawful agreement under which Wal-Mart would withdraw from the online DVD rental market and Netflix would not sell new DVDs that allegedly caused Netflix subscribers to pay higher subscription prices, according to the Wal-mart and Netlfix Online DVD class action lawsuit and settlement notice. Netflix did not settle.

The Wal-mart settlement class reportedly includes any person or entity living in the United States or Puerto Rico that paid a subscription fee to rent DVDs online from Netflix anytime from May 19, 2005 to and including September 2, 2011. and Netflix, Inc. (“Netflix”)

Under the Wal-mart class action settlement, Wal-Mart will reportedly pay $27,250,000, in cash and gift cards, to settle the lawsuit. If you qualify, you can get a cash payment or a gift card that can be used at www.walmart.com. The actual amount paid in cash and in gift cards depends on the total number of valid claims filed.  If you wish to remain in the Wal-Mart Settlement Class and get benefits, you need to file a claim.  If you wish to keep your right to individually sue Wal-Mart about the claims in this case you reportedly must exclude yourself by February 14, 2012 from both the Wal-Mart Settlement Class and the Netflix Litigation Class.

The Court will hold a Fairness Hearing at 9:00 a.m. on March 14, 2012, at the United States District Court for the Northern District of California, located at 1301 Clay Street, Oakland, CA, 94612, in Courtroom #3 to consider whether the Wal-mart Settlement is fair, reasonable and adequate.

Netflix has not settled the lawsuit and the litigation reportedly continues against it, with a trial scheduled for January 23, 2012.  The Netflix litigation class includes any person or entity in the United States that paid a subscription fee to Netflix anytime from May 19, 2005 to September 30, 2010.  If you wish to remain in that Litigation, you do not need to take any action at this time.  If you wish to keep your individual right to sue Netflix about these claims you must exclude yourself.

For more information on the Netflix Online DVD Class Action Lawsuit & Walmart Class Action Settlement, visit the In re: Online DVD Rental Antitrust Litigation class action lawsuit & settlement website:


Steve Larson
An experienced trial lawyer who handles both hourly and contingent fee cases, Steve has expertise in class actions, consumer cases, antitrust litigation, securities litigation, corporate disputes, intellectual property disputes, unfair competition claims, employment matters, and disputes involving family wealth. Steve regularly represents individuals and businesses in federal and state court and has obtained class-wide recovery in multiple class actions. A veteran practitioner, Steve's clients value his creative approach to resolving complex litigation matters.

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