The End of Late Fees...but not really.

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Isn't this just a case of semantics? "Minimal restocking fee" vs. "Late charge."

Blockbuster Canada confirms end of late fees effective Saturday
TORONTO (CP) — Blockbuster Canada confirmed Wednesday that it is eliminating late fees effective Saturday — but if you don’t return the DVD, game or tape, you’ve bought it.
Presenting “what may be the most anticipated ‘new release’ to hit the Canadian home entertainment industry,” Blockbuster Canada president David Stewart stated that “Canadians can now watch and play their favourite movies and games in a far more relaxed and enjoyable way than ever before.”
The rental terms and due dates at the video chain’s 426 Canadian outlets remain basically the same: two nights for in-demand new releases and a week for other titles.
However, in line with a policy initiated at Blockbuster’s U.S. stores on Jan. 1, customers get a one-week grace period to return movies or games at no charge.
At that point, if an item hasn’t come back Blockbuster will bill the client for the price of the merchandise, less the rental fee.
A customer who doesn’t want to buy the product can return it within 30 days “for a full credit to their account, less a minimal restocking fee.”
Said Stewart: “Without a doubt, this is the biggest and most important customer benefit we have ever offered in our company’s history.”

Huk-L, Thursday, 27 January 2005 15:36 (twenty-one years ago)

It's not even that. The minimal restocking fee is nothing compared to the God-knows-what-price they'll stick you with if you misplace the DVD under the couch for a week, which we've all done, surely. They're going to charge you full, maximum retail price for that fucker, and it's non-refundable. A "credit to your account," my ass. Why needs an $80 credit to Blockbuster?

Pears can just fuck right off. (kenan), Thursday, 27 January 2005 15:40 (twenty-one years ago)

WHO need an $80... etc.

Pears can just fuck right off. (kenan), Thursday, 27 January 2005 15:41 (twenty-one years ago)

so they just changed the name from 'late fee' to 'restocking fee'? nice marketing, blockbuster!

Emilymv (Emilymv), Thursday, 27 January 2005 15:43 (twenty-one years ago)

“Without a doubt, this is the biggest and most important customer benefit we have ever offered in our company’s history.” But only because everything else we've ever done has been entirely reprehensible.

Huk-L, Thursday, 27 January 2005 15:43 (twenty-one years ago)

Basically, it's "Stoner Tax" right?

mark grout (mark grout), Thursday, 27 January 2005 15:44 (twenty-one years ago)

But if you look at it from their perspective (and I'm not really one to stick up for those fuckers) .. if they think they aren't going to see their DVD again, then they need to order a new copy, or you'll be bitching that Blockbuster never has anything in stock. And there's a cost to them for odering a new copy, whether you return yours eventually or not.

Netflix can do it without the fees because they have one centralized location to manage their inventory.

dave225 (Dave225), Thursday, 27 January 2005 15:45 (twenty-one years ago)

Right. So go to Netflix. It's better.

Pears can just fuck right off. (kenan), Thursday, 27 January 2005 15:46 (twenty-one years ago)

When's the first Blockbuster near you going to close? Won't that be a grand day?

Pears can just fuck right off. (kenan), Thursday, 27 January 2005 15:47 (twenty-one years ago)

Oh, hell yes. I don't rent movies there. I hate blockbuster.

(Public Library or local video store.)

dave225 (Dave225), Thursday, 27 January 2005 15:50 (twenty-one years ago)

It just seems that "The End of Late Fees" is such a lie and a swindle, it could only have been done by a very desperate company. Apparently they're running scared, and that's good for movies, I think.

Pears can just fuck right off. (kenan), Thursday, 27 January 2005 15:54 (twenty-one years ago)

Next step: Cut actors' fucking salaries down to something reasonable and charge $4.50 to see a movie, ya fucking greedy bastards.

dave225 (Dave225), Thursday, 27 January 2005 15:56 (twenty-one years ago)

The actors? What about all those concession stand workers making $80K/yr? That's what's wrong with cinema today.

Huk-L, Thursday, 27 January 2005 16:03 (twenty-one years ago)

Slow day for me, so maybe I don't get it, but:

[...] customers get a one-week grace period to return movies or games at no charge.

Isn't it that a kinda good thing?

alex in montreal, Thursday, 27 January 2005 16:04 (twenty-one years ago)

I'm not sure if I understand that part, so I'm ignoring it. Does it mean that a two-day rental is actually a nine-day rental?

Huk-L, Thursday, 27 January 2005 16:05 (twenty-one years ago)

I'm sure it'll even out for them with the $ they make from the suckers who manage to misplace the film for over 7 days.
I had a feeling that the "end of late fees" was total b.s.

They're going to be moving into a location directly across the street from my local video store. Unfortunately I'm probably going to wind up using Blockbuster because the local place never has what I'm looking for. The girl that works there gets a kick out of the awful luck I have with them.

Thermo Thinwall (Thermo Thinwall), Thursday, 27 January 2005 16:06 (twenty-one years ago)

I find that Blockbuster NEVER has what I'm looking for. Rogers is slightly worse.

Huk-L, Thursday, 27 January 2005 16:08 (twenty-one years ago)

The not-so-local Video 99 has been my go to place lately.

Thermo Thinwall (Thermo Thinwall), Thursday, 27 January 2005 16:23 (twenty-one years ago)

We'll continue to provide updates as this gripping story continues to take shape during our broadcast (now with more details!)

TORONTO (CP) — Blockbuster Canada is confirming that it is eliminating late fees effective Saturday — but if you don’t return the DVD, game or tape, you’ve bought it.
The new policy announced Thursday is in line with one initiated at Blockbuster’s U.S. stores on Jan. 1.
The rental terms and due dates at the video chain’s 426 Canadian outlets remain basically the same: two nights for in-demand new releases and a week for other titles.
However, customers get a one-week grace period after the due date to return movies or games at no charge. At that point, if an item hasn’t come back, Blockbuster will bill the client for the price of the merchandise, less the rental fee.
A customer who doesn’t want to buy the product can return it within 30 days “for a full credit to their account, less a minimal restocking fee.”.
Blockbuster Canada president David Stewart said in an interview Thursday that this fee will be $1.75, reflecting the cost of the transaction.
Before charging a client the price of an unreturned item, “we’ll have done what we usually do, remind the customer that they have a movie — it’s going to be a very friendly reminder, a telephone call,” he said.
“At the point where they’re seven days beyond the return time ... we’ll assume that they really like the movie and want to keep it, and it’ll be posted to their account in the store, or charged to their account if they have a charge card on file with us.”
The cost will be Blockbuster’s retail price in effect at the time of the rental.
Stewart, who declined to detail the Canadian unit’s revenue or profit, anticipates a smooth transition to the new arrangement.
“As time goes by, people will get used to it; it is a natural way for a company that’s releasing deadlines and so on to have some form of finality to the transaction.”
Dallas-headquartered Blockbuster Inc., with more than 9,000 stores worldwide, had $1.41 billion US in revenue in its latest reported quarter, with a net loss of $1.42 billion including non-cash asset writedowns of $1.50 billion.
Excluding one-time items, the July-September period showed a profit of $3.4 million US, down from $63.7 million a year earlier.

Huk-L, Thursday, 27 January 2005 16:28 (twenty-one years ago)

at least two blockbusters in Berkeley have closed over the past two years. hoorah!

kyle (akmonday), Thursday, 27 January 2005 16:29 (twenty-one years ago)

How much does Blockbuster charge for movie rentals now-a-days?

Alex in SF (Alex in SF), Thursday, 27 January 2005 16:37 (twenty-one years ago)

(Public Library or local video store.)

all the local video stores have gone out of business because of blockbuster! public libraries rock though.

JuliaA (j_bdules), Thursday, 27 January 2005 16:37 (twenty-one years ago)

How much does Blockbuster charge for movie rentals now-a-days?
$8000

Huk-L, Thursday, 27 January 2005 16:42 (twenty-one years ago)

There are tons of local video stores in SF (this may be one of the few places in the country where Blockbuster and Hollywood were unable to get as much of a foothold) BUT they are all going to go out of business in the next year or two if they don't completely change their business models to compete with Netflix (and as far as I am concerned they deserve it--video stores have been ripping off their customers COMPLETELY for the last six or so years, charging the same prices for new DVD rentals as new VHS rentals despite the fact that DVDs cost them nearly a third as much to buy and it seems to have finally dawned on a large # of consumers in the past year/year and a half that they are being totally screwed.)

Alex in SF (Alex in SF), Thursday, 27 January 2005 16:44 (twenty-one years ago)

DVDs be cheaper?

Thermo Thinwall (Thermo Thinwall), Thursday, 27 January 2005 17:03 (twenty-one years ago)

i'm surprised Reel never sued Netflix for stealing their business model (Reel started as an online video rental outfit, but went out of business and concentrated only on having one big store in Berkeley. They appear to still do very well)

kyle (akmonday), Thursday, 27 January 2005 17:04 (twenty-one years ago)

Oh yeah by a MILE. New release VHS tapes used to RETAIL for $100-120 (except for rare sell-through items. . . kids movies and mega blockbusters that the movie companies figured people would want to own.) The most expensive new DVDs retail for somewhere around $20-30 (because all DVDs were designed to be sell through items.) Well do the math. That's well under a quarter of the cost to the video store (and remember no video store pays full retail price for the DVDs or VHS tapes it rents) but for some reason it costs exactly the same amount to rent and you still only get it for one day.

Alex in SF (Alex in SF), Thursday, 27 January 2005 17:07 (twenty-one years ago)

I don't think you can patent a business model like that, Kyle, but I could be wrong.

Alex in SF (Alex in SF), Thursday, 27 January 2005 17:08 (twenty-one years ago)

you can patent all kinds of crazy shit, I know Netflix was considering a lawsuit against walmart.com when I worked there because we wholeheartedly stole the netflix dvd rental concept part and parcel (the IA was even based on their site). but maybe there are enough differences b/w reel's model and netflix to make it not worth pursuing.

kyle (akmonday), Thursday, 27 January 2005 17:10 (twenty-one years ago)

Haha well YOU can try or threaten to sue anyone for anything, but given the little I know about this sort of thing, I am pretty sure that this would be an unwinnable case.

Alex in SF (Alex in SF), Thursday, 27 January 2005 17:15 (twenty-one years ago)

I think blockbuster will run unto the ground in 5 years. All the analysts were calling this decision to end late fees as a desperate, last gasp manuever. I think its mostly due to the fact that people just buy DVDs instead of rent them these days. Also netflix has a system thats easier on customers, and doesnt involve human interaction which alot of people are down with.

Dude, are you a 15 year old asian chick? (jingleberries), Thursday, 27 January 2005 17:27 (twenty-one years ago)

no video store pays full retail price for the DVDs or VHS tapes it rents
Don't they actually pay a higher price for the license to rent the videos though?

Huk-L, Thursday, 27 January 2005 17:35 (twenty-one years ago)

public libraries rock though.

not as much as Turner Classic Movies. "Tonight we're featuring Italian Neo-Realism from the 40's" -- what? Rock! You don't get that anywhere else.

Pears can just fuck right off. (kenan), Thursday, 27 January 2005 17:37 (twenty-one years ago)

"Don't they actually pay a higher price for the license to rent the videos though?"

Maybe in Canada. In the US, I'm pretty sure it's a business license like any other.

Alex in SF (Alex in SF), Thursday, 27 January 2005 17:38 (twenty-one years ago)

So the movie studios and distributors just sell video rental places copies at wholesale, and are satisfied not getting a piece of that pie? In the words of Gob Bluth, COME ON!

Huk-L, Thursday, 27 January 2005 17:40 (twenty-one years ago)

When I read that, I pronounced it "Gobb" in my head.

dave225 (Dave225), Thursday, 27 January 2005 17:45 (twenty-one years ago)

(it's an acronym for George Oscar Bluth)

Huk-L, Thursday, 27 January 2005 17:46 (twenty-one years ago)

Well in the old days movie studios and distributors sold rental copies which cost INSANE amounts of money to video stores. NO one else was supposed to buy them. DVDs are not meant to be rental items (although obviously they still are) but I think the system still works exactly the same way.

Alex in SF (Alex in SF), Thursday, 27 January 2005 17:47 (twenty-one years ago)

It's been 10 years since I worked in a video store so maybe I'm just out of the loop. Have any US residents heard of this "expensive license to rent movies" thing?

Alex in SF (Alex in SF), Thursday, 27 January 2005 17:48 (twenty-one years ago)

When you buy a video on DVD or VHS or Laserdisc, you get Private Performance Rights, which don't allow you to profit from owning the item. So, video rental places...are they just flagrantly violating the terms of purchase and nobody cares?

Huk-L, Thursday, 27 January 2005 17:50 (twenty-one years ago)

If they're making so much off DVD rentals why is business going down the tubes then? I understand that they may have less business but is it really so bad that it eclipses the saving of DVDs vs VHS?

xpost

Thermo Thinwall (Thermo Thinwall), Thursday, 27 January 2005 17:54 (twenty-one years ago)

I hate those anti-piracy lectures they run in between the trailers that suggest that if you've ever bought a pirate DVD you probably have the blood of several terrorist victims on your hands.

Ferg, Ah (Ferg), Thursday, 27 January 2005 17:55 (twenty-one years ago)

"So, video rental places...are they just flagrantly violating the terms of purchase and nobody cares?"

I have no idea, but what I am pretty sure is that whatever license they have to rent these items that those licenses have not been substantially altered with the switch from VHS to DVD.

Alex in SF (Alex in SF), Thursday, 27 January 2005 19:10 (twenty-one years ago)

three weeks pass...
New Jersey claims Blockbuster’s new late fee policy violates consumer laws
NEWARK, N.J. (AP) — The state of New Jersey claims Blockbuster Inc., the continent’s largest movie-rental chain, has violated the state’s consumer protection laws with its new policy on late fees.
In a lawsuit, the state charged that Blockbuster failed to disclose key terms in the policy, including that overdue rentals are automatically converted to a sale on the eighth day after the due date.
The revised Blockbuster policy was recently introduced in Canada.
The state is seeking restitution for customers whose overdue rentals were converted to a sale. It also wants compensation for people who were charged late fees by stores that were not participating in the new policy, but that failed to make that obvious.
The suit was filed in state Superior Court in Trenton.
The Dallas-based chain had no immediate response.
Blockbuster eliminated late fees on games and movies starting Jan. 1, although customers who miss a one-week grace period will be billed for buying the item or charged a $1.25 restocking fee. The company said due dates at its 4,500 U.S. stores would remain one week for games and two days or one week for movies.
Renters who keep the movies or games beyond the grace period will be charged for purchasing the DVD or tape at Blockbuster’s full retail price, minus the rental fee, the company said. If they return the movie or game in the next 30 days, they will get a refund for the purchase but will be charged a restocking fee of $1.25, the company said.

Huk-L, Friday, 18 February 2005 15:46 (twenty-one years ago)

Blockbuster eliminated late fees on games and movies starting Jan. 1, although customers who miss a one-week grace period will be billed for buying the item or charged a $1.25 restocking fee.

Is everyone in the fucking world missing that part in bold? YOU DON'T GET CHARGED FOR THE PRICE OF THE MOVIE IF YOU RETURN IT, THEY CREDIT YOU BACK AND ONLY CHARGE YOU THE $1.25, AND ONLY IF YOU HAVE RETURNED IT MORE THAN A WEEK LATE. You might notice this is significantly better than their previous policy of charging you $47,643.98 per day late!!

Damn you, Blockbuster!! That will teach you for doing something that benefitted the 99.9999999% of your users who return their movies like 3 days late, instead of 3 months late!

(Though I must say I disagree with the policy wholly, 1-2 day "priority rentals" should be returned 1-2 days later, not whenever people feel like it, at no penalty at all, for crying out loud.)

Allyzay Dallas Multi-Pass (allyzay), Friday, 18 February 2005 16:14 (twenty-one years ago)

Though I must say I disagree with the policy wholly, 1-2 day "priority rentals" should be returned 1-2 days later, not whenever people feel like it, at no penalty at all, for crying out loud.

Exactly, I have been trying to watch Mr. 3000 for two weeks, and the fucking loafers have no incentive to bring it back, and now I'll never know if Bernie Mac can do man push-ups.

Huk-L, Friday, 18 February 2005 16:30 (twenty-one years ago)

I know!! WTF.

Allyzay Dallas Multi-Pass (allyzay), Friday, 18 February 2005 16:49 (twenty-one years ago)

While I agree it's an improvement over the pound of flesh they used to charge, I had a feeling they were going to get into trouble. It should be fine if renters are forced every time to sign something that says they know about the automatic charge after x-days.

Spencer Chow (spencermfi), Friday, 18 February 2005 18:40 (twenty-one years ago)

At the corner store I used to rent movies from, they have you sign a form, and one time I actually read it, and it said that if your movie is overdue, you've waived the right to not have them forcibly enter your domicile and use whatever force necessary to take it back. Like there's some sort of Video Retrieval Alpha Flight out there or something.

Huk-L, Friday, 18 February 2005 18:41 (twenty-one years ago)

I would think though that if someone didn't return a rental after 30 days, they could be charged with theft. So like, quit bitchin' New Jersey, ya fucking criminals.

xpost

dave225 (Dave225), Friday, 18 February 2005 18:43 (twenty-one years ago)

Yeah, Spencer, I agree with that but the thing is there was always an automatic charge after x-days, I mean it's in the TOS because if they don't charge you for it, then technically they can arrest you for theft (which would you as thiefy renter rather have)--just the x-days back then was soemthing like 3 or 4 months and now it's 8 days. So from what I can tell just from some really basic knowledge of this type of contract law, they didn't significantly change the agreement, they just modified it, so sending out a notice stating they've modified it should be enough (see also: credit card companies who are constantly sending out those damn letters about "important changes in terms of service" that no one in the entire world ever reads). So I think they're actually legally OK despite Jersey retards suing them--but I think, from a PR standpoint, they should make more of an effort to alert customers to the change by maybe giving them the information when they rent a movie or making them sign a new agreement, because it is now just bad PR for them.

oh xpost

Allyzay Dallas Multi-Pass (allyzay), Friday, 18 February 2005 18:47 (twenty-one years ago)

So wait you guys don't see how um their inability to ACTUALLY honestly disclose the processes of their rental agreement is kind of problematic?

Alex in SF (Alex in SF), Friday, 18 February 2005 18:49 (twenty-one years ago)

Sure it's a problem .. but I place more blame on the patrons for thinking they can keep a video indefinitely.

dave225 (Dave225), Friday, 18 February 2005 18:51 (twenty-one years ago)

Um. Every single thing that seems to be a point of contention is up there, in the original news article, that Huk-L posted. I have a hard time imagining that the journalist didn't get that information directly from Blockbuster itself.

$10 that I can walk to the blockbuster down the street right now and get a TOS and it'll be in there.

Allyzay Dallas Multi-Pass (allyzay), Friday, 18 February 2005 18:52 (twenty-one years ago)

I can't help reading that last bit as walking down to Blockbuster for a $10 toss.

dave225 (Dave225), Friday, 18 February 2005 18:55 (twenty-one years ago)

I can keep my Neflix movies indefinitely, but maybe I don't comprehend Blockbuster's new system.

Alex in SF (Alex in SF), Friday, 18 February 2005 18:55 (twenty-one years ago)

You can keep your Netflix movie indefinitely if you pay them $20/month.

dave225 (Dave225), Friday, 18 February 2005 18:56 (twenty-one years ago)

i mean dave is basically OTM here.

Keep in mind that the basis of this lawsuit is that the new TOS was not "disclosed" to these people (which fair enough, either they didn't get a copy of it or, more likely, they didn't read it). Which means they thought they were still operating on Blockbuster's old, late-fee based TOS.

The late fees for keeping a movie overdue for 8 days would come to $40+ on the old system! Non-refundable $40+! What the fuck is the difference besides, oh, that's right, if you get off your ass and bring the movie back, they CREDIT YOU BACK THE CHARGE MINUS THE RESTOCKING AND RENTAL FEE. Hi hello it's me an outlaw YOU'RE WINNING HERE.

Allyzay Dallas Multi-Pass (allyzay), Friday, 18 February 2005 18:58 (twenty-one years ago)

I mean, seriously, I don't use Blockbuster and haven't for years but the new system seems, for a consumer who forgets to bring back movies, exponentially better than the old one, and these people would've been charged virtually the same amount anyway.

Allyzay Dallas Multi-Pass (allyzay), Friday, 18 February 2005 18:59 (twenty-one years ago)

"$10 that I can walk to the blockbuster down the street right now and get a TOS and it'll be in there."

Also just cuz it is in the TOS now doesn't mean it was initially. They did say this was "revised" in the article (perhaps because of New Jersey residents.)

Alex in SF (Alex in SF), Friday, 18 February 2005 18:59 (twenty-one years ago)

I don't know why I go to so much effort to defend a company for which I really have no use ...

dave225 (Dave225), Friday, 18 February 2005 19:01 (twenty-one years ago)

Either way anyone that sues Blockbuster is okay by me.

Alex in SF (Alex in SF), Friday, 18 February 2005 19:02 (twenty-one years ago)

Does NJ maybe have really ridiculous Consumer Protection Laws written by the Moran Lobby?

Huk-L, Friday, 18 February 2005 19:02 (twenty-one years ago)

dude Alex do you seriously, seriously believe that something like that isn't in the TOS to start with? Like I said, it IS in the original TOS that after an exponentially long amount of time, they will charge you the replacement price for the item--so it doesn't really strike me that they'd just leave that out in the new TOS.

Also I'm pretty sure that when they said "revised policy" they were referring to the change from the old system to the new, and not some recent revisions to the new policy.

Allyzay Dallas Multi-Pass (allyzay), Friday, 18 February 2005 19:06 (twenty-one years ago)

I'm not arguing this cos I like Blockbuster, btw. I just really am a stickler for idiots and their idiot lawsuits cropping up all over this damned country. I would like to sue the state of NJ, for sucking!

Allyzay Dallas Multi-Pass (allyzay), Friday, 18 February 2005 19:07 (twenty-one years ago)

Look I don't know what New Jersey's laws on this sort of thing are or what Blockbuster had to disclose or when (I also didn't know that ONLY some Blockbusters were participating in the new policy--which strikes me as very confusing) BUT I do know Blockbuster and I do know that they have a history of rather shysty hidden replacement fees and restocking fees and hidden bullshit. So the idea that they didn't follow the letter of the law (again whatever it is) doesn't shock me and I'm all for their asses getting sued for it.

Alex in SF (Alex in SF), Friday, 18 February 2005 19:11 (twenty-one years ago)

Oh wait if only SOME are participating this is a whole new can of worms, mainly because if you have a Blockbuster card, it is not tied to a specific Blockbuster but can be used at all of them, so a person whose card is registered at a non-participating Blockbuster who now rents from a different one could theoretically get fucked.

STILL IT IS NOT OK TO STEAL MOVIES FOR WEEKS ON END

Allyzay Dallas Multi-Pass (allyzay), Friday, 18 February 2005 19:18 (twenty-one years ago)

I think it is ok! They should just order more copies. They resell them at a profit anyway.

Spencer Chow (spencermfi), Friday, 18 February 2005 19:20 (twenty-one years ago)

STILL IT IS NOT OK TO STEAL MOVIES FOR WEEKS ON END

It is with Netflix. In fact, it's what their whole business is based on. They lose money on people like me who plow through 15-20 movies a month. They make money off of lazy fools who never send the things back. Obviously there are more of them than us, since they are doing quite well.

Blockbuster's just trying to kinda reverse-engineer that business model, and maybe it'll work and maybe it won't. Worth a shot, I guess.

Fish fingers all in a line (kenan), Friday, 18 February 2005 19:24 (twenty-one years ago)

Yeah but Netflix also buys their movies, mostly, for like $9 at Best Buy (presumably) whereas I'm pretty sure that Blockbuster is still locked up in that horrible system of paying $90 per DVD directly from the company.

BTW WTF is that even about?

Allyzay Dallas Multi-Pass (allyzay), Friday, 18 February 2005 19:26 (twenty-one years ago)

"Yeah but Netflix also buys their movies, mostly, for like $9 at Best Buy (presumably) whereas I'm pretty sure that Blockbuster is still locked up in that horrible system of paying $90 per DVD directly from the company."

No one is paying $90 per DVD directly from the company. I want to see evidence of this before I believe it.

Alex in SF (Alex in SF), Friday, 18 February 2005 19:27 (twenty-one years ago)

They used to do this with tapes and DVDs because the stuidos would sell them to renters first before they were available to the public (the public could buy them for $90, but no one would).

Spencer Chow (spencermfi), Friday, 18 February 2005 19:29 (twenty-one years ago)

So the studios and distributors don't get a piece of the rental pie?

Huk-L, Friday, 18 February 2005 19:29 (twenty-one years ago)

REMIX!

New Jersey claims Blockbuster’s new late fee policy violates consumer laws
By Jeffrey Gold
NEWARK, N.J. (AP-CP) — The state of New Jersey claims Blockbuster Inc., the continent’s largest movie-rental chain, has violated the state’s consumer protection laws with its new policy on late fees.
In a lawsuit filed Friday, the state charged that Blockbuster failed to disclose key terms in the policy, including that overdue rentals are automatically converted to a sale on the eighth day after the due date.
The company has a similar policy in its Canadian stores.
The state is seeking restitution for customers whose overdue rentals were converted to a sale. It also wants compensation for people who were charged late fees by stores that were not participating in the new policy, but that failed to make that obvious.
State Attorney General Peter Harvey on Friday called the company’s advertising and marketing “deceptive.” He said state investigators began visiting dozens of the 170 Blockbuster stores in New Jersey even before receiving a complaint, and found that employees gave misleading or erroneous information on the policy.
To date, one aggrieved consumer has contacted the state, Harvey said, adding, “We will be flooded with complaints from people who will tell us this is their experience, too.”
The lawsuit was filed in state Superior Court in Trenton.
In a statement, the Dallas-based chain said it has “taken a number of very thorough steps to let customers know how our new program works. Blockbuster has trained store employees on how to effectively communicate the program to customers, both on the sales floor and at checkout.”
The stores also have free brochures explaining the program, the company said.
Blockbuster eliminated late fees on games and movies starting Jan. 1, although customers who miss a one-week grace period will be billed for buying the item or charged a $1.25 restocking fee. The company said due dates at its 4,600 U.S. stores would remain one week for games and two days or one week for movies.
Additionally, about half of 1,100 Blockbuster stores that are operated by franchisees are participating in the program, company spokesman Randy Hargrove said.
Harvey, however, said some stores displayed signs touting “The end of late fees” but were not participating.
Hargrove said that only franchise stores have the option not to participate. “I’d love to be able to know which stores he was talking about to see if he was accurate,” he said.
Renters who keep the movies or games beyond the grace period will be charged for purchasing the DVD or tape at Blockbuster’s full retail price, minus the rental fee, the company said. If they return the movie or game in the next 30 days, they will get a refund for the purchase but will be charged a restocking fee of $1.25, the company said.
The revised Blockbuster policy also took effect in 426 Canadian stores on Jan. 29.
A spokeswoman for the federal Competition Bureau in Ottawa declined to say if the agency has received similar complaints from Canadian consumers, noting provisions of the Competition Act prevent such disclosures.
Mel Fruitman, vice-president of the Consumers’ Association of Canada, said he wasn’t aware of any complaints, but noted the policy — as outlined on the company’s website — is difficult to follow.
“One can’t help but think there is some intent there to perhaps confuse consumers or make it appear as though it is better than it is,” he said. “It is so odd.”
A spokeswoman for Blockbuster Canada was not immediately available for comment Friday.
Blockbuster shares, meanwhile, rose five cents to $9.13 in midday trading on the New York Stock Exchange. Its shares are up from a 52-week low of $6.50 last fall.

Huk-L, Friday, 18 February 2005 19:32 (twenty-one years ago)

"He said state investigators began visiting dozens of the 170 Blockbuster stores in New Jersey even before receiving a complaint, and found that employees gave misleading or erroneous information on the policy."

"Harvey, however, said some stores displayed signs touting “The end of late fees” but were not participating."

"“One can’t help but think there is some intent there to perhaps confuse consumers or make it appear as though it is better than it is,” he said. “It is so odd.”"

Fair game as far as I am concerned.

Alex in SF (Alex in SF), Friday, 18 February 2005 19:36 (twenty-one years ago)

They used to do this with tapes and DVDs because the stuidos would sell them to renters first before they were available to the public (the public could buy them for $90, but no one would).

I still see this price on Amazon from time to time! Who would buy it at that kind of price! Crazy.

And yes, the some-locations-not-participating thing is definitely fair game.

Allyzay Dallas Multi-Pass (allyzay), Friday, 18 February 2005 19:38 (twenty-one years ago)

Really?? They must be out of print or something.

Spencer Chow (spencermfi), Friday, 18 February 2005 19:40 (twenty-one years ago)

xxpost -

My guess is that there was not intent to confuse anyone - more like poor training rollout to the stores. Which does not excuse them from liability, but should be considered..

dave225 (Dave225), Friday, 18 February 2005 19:41 (twenty-one years ago)

Well that is the price on most VHS tapes, but DVDs are priced to sell. Any rental store can buy DVD from Price/Costco or whatever if they want and rent them (as long as they have a rental license.)

Alex in SF (Alex in SF), Friday, 18 February 2005 19:41 (twenty-one years ago)

No dude like new movies but I can't think of an example right now so I should just shut up!

Allyzay Dallas Multi-Pass (allyzay), Friday, 18 February 2005 19:42 (twenty-one years ago)

"My guess is that there was not intent to confuse anyone - more like poor training rollout to the stores."

Again this would be MORE believable if Blockbuster didn't have such an grotesque history of obfuscation (from it's video editing policies on down.)

Alex in SF (Alex in SF), Friday, 18 February 2005 19:43 (twenty-one years ago)

Alex, Blockbuster says they're sorry they ran over your puppy but it's time to move on. Please accept this complimentary DVD of "Air Bud II" and this box of Mike & Ike's.

n/a (Nick A.), Friday, 18 February 2005 19:48 (twenty-one years ago)

DUDE THEY KILLED HIS DOG AND NOW THEY'RE GIVING HIM AIR BUD, WHY NOT JUST RUB HIS FACE IN LEMONS AFTER CUTTING IT ALL UP WITH A MACH 3??? I AM SUING FOR MENTAL DISTRESS ON HIS BEHALF.

Allyzay Dallas Multi-Pass (allyzay), Friday, 18 February 2005 19:50 (twenty-one years ago)

http://sportsmed.starwave.com/media/nba/2002/0924/photo/a_meadowlark_i.jpg

The Ghost of Dan Perry (Dan Perry), Friday, 18 February 2005 19:53 (twenty-one years ago)

"Alex, Blockbuster says they're sorry they ran over your puppy but it's time to move on."

If by my puppy you mean the entire independent videostore industry (outside of a few small pockets) and by move on you mean continue to live in SF (one of those pockets) and rent entirely from Netflix and independent videostores and never from skanky anti-competitive conservative monopolistic video rental companies, tell Blockbuster not to worry that I have. Also tell them I appreciate the Meadowlark Lemon rubbings.

Alex in SF (Alex in SF), Friday, 18 February 2005 20:03 (twenty-one years ago)


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