Remember Laurie Piechur and her class action suit against Redbox over multi-day rental fees? Ms. Piechur, her attorneys and members of the suit demanded more than $350,000 for Redbox’s allegedly unfair late fees. An Illinois U.S. District Court remanded the case to St. Clair County last month, and Redbox has recently filed a motion to dismiss the suit.
The argument from the original filing read as follows:
“The Coinstar unit has violated its claim that it doesn’t charge late fees by charging an additional $1 for DVDs that are returned any time after the 9 p.m. deadline after the initial 24-hour period has expired.”
According to Redbox’s motion, dated March 18, Ms. Piechur and other suit members were fully aware of the terms and conditions under which they rented their DVDs. The motion reads:
“Thus, according to her own factual allegations, Plaintiff rented DVDs from Redbox, either chose to keep them or failed to return them within 25 days, and was charged according to the terms of the agreement she entered into with Redbox at the time of the rental . . . The Complaint does not allege that Plaintiff did not know the rental terms at the time she rented DVDs from Redbox . . . The Complaint does not establish in what ways the fees are oppressive, against public policy, or subsequently injurious to consumers.”
Does Ms. Piechur’s argument hold any more water today than it did back in October, Insiders? We’ll keep you posted on further developments in the case. In the meantime, hit the comments and tell us which side you think has a leg to stand on.