Blockbuster has ruined my life....Can I sue?

Question

One month ago I was charged for a blockbuster movie, that was already in their possession. They did not give me any notification that the movie was late or anything, they just billed my account. The store manager called to inform that they had erroneously charged my account 12-26-06 and credited it back to the account on 12-28-06, plus a 9 dollar credit. I told the manager it's Christmas, and that charge made my account overdrawn. She basically told me that she didnt have the power to credit overdraft fees and would have her district call me, its a month later I still havent received a call, I have called the 800 online and they keep telling me they are going to make it a priority and someone will contact me, still no call....This charge has messed me up,my checking account was on hold because of return check fee to a new account. Which put my deposit checks on hold, which means I had to pay legitmate late charges to other companies I owe. What can I do?

The movie was not late. The movie was a in store rental, that was returned to blockbuster online in error. I notified the store manager, blockbuster online, and the customer care dept. during the first week of Dec. I was told by all three depts. that this would not be a problem and that the online store will ship the movie back to the store, but not to worry about the incident that the store manager will handle it personally. But she called me at the end of the month and said," We charged your account by mistake, I was watching your account but the computer messed up." I had made a deposit in my account for $1500 on 12-27-06, and had to make a payment to another company for 12-29-06 for $247. but because of Return check charge on 12-26-06, my new account was on hold, the check had to hold for 10 days before funds were dispersed. Which left me in rears for paying the companies that were due prior to the 10 day holding period.

Answer 1

Ruined your life? I think you need to reexamine life then.

First, never wait for someone to call you. You have to be proactive, start by going to the store and speaking with the manager, then ask to speak to the district manager - if he is not available ask for his number (politely decline offers for him to call you), if they refuse to give it to you ask for the corporate office.

Also inform the store manager that you intend to report them to the Better Business Bureau, etc. and just move up the chain of command.

You have let this go for a month - you needed to be on them like a fat man on a buffet from the moment they charged your account erroneously, and this would have prevented overdrafts.

Answer 2

Perhaps you can, but the question is, will it be worth it? More information is needed to properly answer this question. Did you actually turn the movie in before the seven day grace period was up? If not, then you have no case. After the seven day grace period, you are charged for the movie. Whether or not you were told this is irrelevant. If (and only if) you had possession of the movie after the grace period, any overdraft fees are your fault. The contract you signed when you got your membership clearly states that they can change the terms and agreements anytime they want without notifying you.

Also, Blockbuster is not really responsible for notifying you if a movie is past due. You took their product and are therefore responsible for knowing when that product is due back and that it is actually returned.

Answer 3

I would write the same thing you just told us in a letter and send it to the better business bureau. They will then send a copy of the letter to blockbuster where they have 30 days to respond to the accusation. Also the BBB puts a copy of the complaint onto the net for everyone to read. You can sue them for taking out of your account without them asking you first but theirs so many steps to take. You have to have enough evidence such as bank statements, correct dates, and time. Its very time consuming and i doubt the money you get suing them would even be worth after legal costs and everything. I understand how you feel because I had to quit fooling with blockbuster. They called my house and told me they were charging me a DVD fee because i returned the DVD without a movie in it. They then turned around a hour later and said on my answering machine never mind we found it no apology or anything. Thats why i go to Hollywood video.

Answer 4

I would send them a letter outlining what happend (much as you did above) and ask for for a specific remody -- ie "to cover all the various expenses I have incurred because of this error you admit you made, I am asking that you compensate me in the amount of $250"

Also be cliear that you are expecting a written response within 10 days.

Let them know if you do not hear from them you will be contacting the media (local TV station, letters to the editor, Consumer reports (they LOVE this stuff) to let them know what kind of company blockbuster is.

Don't bother threatening to sue -- you have no case

Answer 5

I would put all this in writing to the managing director and ask for a reply and refund of the charges within, say, 10 days. See if that gets you anywhere. You have to exhaust all the usual avenues such as writing this letter of complaint before you can consider legal action.

Answer 6

Your bank should be able to credit you the ovedraft fees as long as you have the letters from Blockbuster and a record of the transactions.

Go into your bank and discuss it. Who do you bank with? I use Wells, and that's what they do.

Answer 7

If a $9 difference ruins your life, you sure as heck shouldn't be renting movies from Blockbuster.

Answer 8

Greg is right... I think that Blockbuster is the least of your troubles

Answer 9

Threatening certainly can't hurt. It sounds like they are just giving you the "run around" right now. Demand answers and don't let them "have someone call you"

Answer 10

You had less than 10 bucks in your account?

Good grief. Stop spending so much.