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Jiltz
Joined: 20 Apr 2005
Posts: 164
Location: UK
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 Posted: Sat Jun 25, 2005 11:33 pm Post subject: Lovefilm Breach of Advertising !!! |
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Just sent off the online mailer to the ASA (Advertising Standards Authority) as I feel there is a case here.
http://www.asa.org.uk/asa/how_to_complain/complaints_form/
If anyone else wants to do the same.....go for it.......remember though, it is just to do with advertising issues.
After filling out all the details, I gave them this >
| Quote: | They offer to give "unlimited" dvd rentals per month, but as soon as they get your money, they move the goalposts.
Once a customer enters into a monthly contract with them, they then contradict the "unlimited" offer and state that they use a "fair play system", so in effect, the dvd rentals then become "limited" which in my opinion is misleading advertising.
This is a deceitful company which I hope you investigate. |
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doblersdream
Joined: 26 May 2005
Posts: 77
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| Posted: Mon Jun 27, 2005 8:14 am Post subject: |
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Thanks for that link. I sent them this;
| Quote: | | Lovefilm advertise 'unlimited dvd rentals' for a set fee per month. They advertise "the faster you send them back, the faster we send them out." After 3-4 weeks of normal unlimited service, Lovefilm changed their procedures, blaming unprecented demand, and put a delay of 3-4 days on each dispatch. The effect of this was a deliberate limiting of the number of rentals i could recieve. Complaints to Lovefilm brought a refusal to re-instate the unlimited service. Their response was "This is the way we now run our business. I'm sorry you don't like it, but we can't change it." They also refused to refund me, as they are now not offering me the service which i paid for. I've already informed trading standards, as Lovefilm are in breach of the Supply of Goods and Services Act 1982, and the Trade Descriptions Act 1968 |
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doblersdream
Joined: 26 May 2005
Posts: 77
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| Posted: Mon Jun 27, 2005 12:09 pm Post subject: |
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Reply just recieved;
| Quote: | Thank you for submitting your complaint to the Advertising Standards Authority.
We have passed your complaint to our Complaints team.
A Complaints Handler will assess your complaint and will reply in full as soon as possible. |
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Jiltz
Joined: 20 Apr 2005
Posts: 164
Location: UK
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| Posted: Mon Jun 27, 2005 8:47 pm Post subject: |
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| doblersdream wrote: | Reply just recieved;
| Quote: | Thank you for submitting your complaint to the Advertising Standards Authority.
We have passed your complaint to our Complaints team.
A Complaints Handler will assess your complaint and will reply in full as soon as possible. |
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I got the same reply today......
Nice complaint Dobler.....Looks better than mine....
Now it should be interesting to see how they deal with the ASA |
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bazwaldo
Joined: 01 May 2005
Posts: 108
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| Posted: Tue Jun 28, 2005 10:46 am Post subject: |
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Way to go guys,
Hope this new approach to stop these blaggards does some good.  |
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Jiltz
Joined: 20 Apr 2005
Posts: 164
Location: UK
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| Posted: Thu Jun 30, 2005 4:53 pm Post subject: |
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Received a letter from the ASA about Lovefilm:
| Quote: | Re: Your complaint about Lovefilm.com
Thank you for your recent complaint about the above advertiser. I am sorry you believe claims on their website to be misleading.
We have considered your complaint and decided that we are unfortunately unable to help you. After careful consideration, the Advertising Standards Authority has defined online advertising that is subject to the British Code of Advertising, Sales Promotion and Direct Marketing and decided that the code should apply to:
Online advertisements in "paid for" space, eg banner and pop-up advertisements.
Advertising in commercial e-mails.
Sales promotions wherever they appear online (including in organisations' websites or e-mails.
The code does not apply to organisations' claims on their own websites, such as those to which you refer. |
The next parargraph on the letter relates to the complex issues faced by the ASA. In other words, they have more control over the other forms of media such as TV, newspapers, magazines, radio etc, but are more restricted with the Internet.
| Quote: | | The ASA believes that applying the Code to all online claims would go too far into regulating the "relationship" and would, moreover, prove inpossible to enforce effectively. |
They finished the letter with this:
| Quote: | | It is not unusual, however, for claims such as those you have metioned to be covered by specific legislation. |
Then they suggested that the complaint be taken up with the Trading Standards Department.
So it looks like the internet is too much of a grey area as far as the ASA are concerned, so until Lovefilm start to use other forms of media, to make their false claims in advertising.
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doblersdream
Joined: 26 May 2005
Posts: 77
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| Posted: Fri Jul 01, 2005 10:03 am Post subject: |
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| I got the same letter..... |
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foxesdragon
Joined: 01 Jul 2005
Posts: 3
Location: UK
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| Posted: Fri Jul 01, 2005 10:49 am Post subject: |
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Anyone else getting emails bouncing from LoveFilm's customer (don't) care department?
For the trial and first month they were great - THEN discs sent out 3 to 4 days after receiving them back from me.
Calculating things up (being only able to change one disc a week) that's 12 discs a month for 3 at a time - 16 discs a month for 4 at a time etc etc.
I was so pleased with their initial service that I upgraded to 4 at a time and recomended the twerps. I now get fewer discs paying for 4 than I did paying for 3.
'Obtaining a pecuniary advantage by deception' comes to mind - if a small business tried these sillies the Trading Standards and even the police would be all over them. There'd be no credit card processing on their site until they cleaned up their act.
But they can afford lawyers and take on the card companies - anyone tried getting a chargeback? I bet whoever processes their payments doesn't want to know - but it may be worth a try.
Just a bunch of ignorant gloating twerps re-stating their hidden terms which didn't apear when I signed up.
Screw them - there's other fish in the sea.
Jon |
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bazwaldo
Joined: 01 May 2005
Posts: 108
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| Posted: Fri Jul 01, 2005 11:21 am Post subject: |
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| foxesdragon wrote: | Anyone else getting emails bouncing from LoveFilm's customer (don't) care department?
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Welcome to the fold dragon of foxes.
As you will see from this forum there are many other disgruntled LF customers.I say customers but really i should say ripped off,cheated,lied to mugs.We have all had countless standard meaningless emails from them and telephone conservations,again not really conversations as it is hard to converse with an autamaton.I too am on the 4 disc package and like yourself totting up to 12 a month.Appaling. 
I and others have frozen our accounts and upon reactivation we appear to be receiving better service.I reactivated monday and have had 8 already.Will it last we ask  Doubt it,but it may be worth a try mate.
Freeze/activate/freeze/activate etc. maybe the way to outsmart these monkeys.Who knows. |
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foxesdragon
Joined: 01 Jul 2005
Posts: 3
Location: UK
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| Posted: Fri Jul 01, 2005 12:43 pm Post subject: |
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"I and others have frozen our accounts and upon reactivation we appear to be receiving better service."
Done already - thanks for the info.
It's probably a freeze then cancel for us - we rent with Tesco (video Island now gawd knows who) as well and they're ok on send outs just wait months for the new releases and they send from half way down the list - Better that than no discs.
We're trying DVD365 as well - liked the clear statement of maximums (which worked out to twice what (CD-WOW)-LoveFilm are rationing us to)
BUT I've just read the DVD365 forum - gawd I wish we'd found this site first!!!!!
FoxesDragon is the business name - we work odd hours so telly is just stupid - so it's lots of videos for us.
If the twerps don't start playing fair I'm thinking of going for a chargeback on the card - may not get anywhere but they have to answer RFIs (requests for information) or the money is refunded - there's also the cost of Refunds - a good few quidoonics (from them) into the bankers pockets.
Sooooooooooooooo they have to spend time answering RFIs even if they don't get forced to refund in the end ................. time is money.
Trading standards are the people to handle any legal action. BUT they have to have a 'significant number of complaints' first. The complaints are sent to lovefilm's local Trading Standards mob who do the counting and 'investigation'. Their local Trading Standards can be contacted direct but will only act if there is 'sufficient need for concern'.
What they're up to is dubious and questionable, BUT they'd get a basic 'telling off' and then time to sort themselves out before the Standards mob did anything.
Things like this are really a right pain in the arse but the problem is that it just isn't worth most people's time to do anything about being ripped off.
Ok moan over - grumble grumble
Thanks for the 'hello' and info. At least we don't think that they're just picking on us anymore...............
Jon |
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