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A California man is seeking damages on behalf of himself and other deaf and hard-of-hearing residents who purchased Redbox movies in a new class action lawsuit alleging violations of the American with Disabilities Act and false advertising law.
Plaintiff Francis Jancik is a deaf customer who would like access to both streaming Redbox movies as well as the company’s DVD and Blu-Ray offerings available at various Redbox kiosks. He alleges that Redbox Automated Retail LLC has not adequately provided reasonable accommodation to deaf and hard-of-hearing customers because it fails to provide movies and other content with closed captioning. He also alleges that some Redbox movies are falsely advertised as being closed captioned when they’re not.
The Redbox class action lawsuit further argues that the company misrepresents its content as accessible per the Americans with Disabilities Act. Upon accessing the streaming video and other services, however, there are no English subtitles, a violation of California’s Consumer Legal Remedies Act, False Advertising Law and Unfair Competition Law.
Going further, the Redbox class action lawsuit argues that by “not providing DVD and video streaming content with captioning, [Redbox and Verizon] are creating barriers to full integration, independent living and equal opportunity for persons with disabilities.” In spite of that, the two companies “have advertised, and continue to falsely advertise, that their video content is closed captioned and/or contains English subtitles [and] should have known that their DVD and online video streaming content” does not have these features.”
Verizon offers Redbox Instant streaming movies, but in a similar fashion, reportedly violates the ADA by providing services that are not conducive to the enjoyment of paying customers who are deaf. The Redbox closed captioning lawsuit seeks an injunction to prevent false advertising of content without English subtitles as well as damages on behalf of the class for the violations of the ADA and state statutes.
The Redbox Movies Closed Captioning Class Action Lawsuit is Francis Jancik v. Redbox Automated Retail LLC, et al., Case No. 13-cv-01387, in the U.S. District Court for the Central District of California.
If you are a deaf or hard-of-hearing consumer who has tried to access streaming movies from Redbox Instant, you may have a legal remedy available to you. Learn more and receive a free legal review at the Redbox Movie Rental Closed Captioning Class Action Lawsuit Investigation today.
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One thought on Deaf Customer Files Redbox Class Action Lawsuit Alleging False Advertising, ADA Violations
I have, I believe, a legitimate case against Riviera films and GVN Releases. Their film, “High Strung Free Dance” is advertised with Closed Captions and ESDH. As you know, with these claims from most movies, the purchaser is offered the selection for “Set Up” or “Languages.” When the purchaser chooses this, the scene changes to the language that can be chosen.
However, in this movie, the only options are “play, scenes, behind the scenes, and music video.” Nowhere is there an option to choose “set up” or “languages”
I have contacted GVN Releasing, and I was not offered any solutions.
You have to agree, this is blatant false advertising. They sell a movie that claims Closed Captions and ESDH when there is no options at all to choose either one.
Please, there must be someone I can talk to about this.