sirnoelplum wrote:Is this true Bundeswehr, are you falsely misrepresenting what happened here?
I had unlimited tickets for the double membership I paid for. Honestly, I did not bother to count, I was happy to w/ the arrangement and was planning to renew and would have paid more within reason.
Then, suddenly, the change (a clear breach of contract in my opinion). Was it a
material change to switch the unlimited tickets to 11.6 or 40-50 as they mention ? Yes.
Was I consulted in advance ? No. Just a one sided change from LP.
Was it an inconvenience ? Yes, even LP acknowledges that. Breaking a contract is usually an inconvenience for the party that is being damaged. As far as I understand American law making a material change in a contract without the written consent of both parties is a breach of contract. There is no implied consent, it has to be clearly written and agreed. LP is great on legalese with all the Pornbox garbage setup, read on this little tidbit above.
"A change in the meaning or language of a legal document, such as a contract, deed, lease, or Commercial Paper, that is made by one party to the document without the consent of the other after it has been signed or completed.
Material Changes
The alteration of an instrument materially changes it. The document no longer reflects the terms that the parties originally intended to serve as the basis of their legal obligation to each other. To be material, the change must affect an important part of the instrument and the rights of the parties to it. Any material alteration relieves the nonconsenting party of any obligation to perform according to the terms of the instrument. If the altered instrument is a contract, then the original contract is void. The nonconsenting party cannot be legally obligated by the new contract since he or she never agreed to it. A document that has been materially altered does not regain its original validity if it is restored to its original form by erasing or deleting unauthorized words.
Bait and Switch
A deceptive sales technique that involves advertising a low-priced item to attract customers to a store, then persuading them to buy more expensive goods by failing to have a sufficient supply of the advertised item on hand or by disparaging its quality.
bait and switch n. a dishonest sales practice in which a business advertises a bargain price for an item in order to draw customers into the store and then tells the prospective buyer that the advertised item is of poor quality or no longer available and attempts to switch the customer to a more expensive product.
This practice is illegal in many states under their Consumer Protection laws."
Why am I misrepresenting it in your opinion ? Those are the EXACT words LP put in the crappy message when LP made the change, acknowledging it is a "inconvenience" and without agreement from me ! Who is misrepresenting it ??
"IMPORTANT: for various reason we had to discontinue your membership type. Your account has been automatically converted to standard membership. We added 11.6 extra tickets to your account for the inconvenience."
LP's words, not mine.
1. LP, please restore my access to the previous levels as it was in the original contract until Jan 25th, 2014
2. Please advise who your registered agent and for GTFlix (as an accessory to the scheme) is if I have to bring a lawsuit against your company on grounds of breach of contract and bait and switch. (noted as GTFLIX TV S.R.O, Jesinova 2832/26, Praha 3 - Zizkov 130 00, Czech Republic)
Thank you.