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Cullen VS Netflix Lawsuit Update

posted Oct 21, 2011, 1:23 PM by Bass St Troy   [ updated Oct 21, 2011, 3:01 PM ]

The lawsuit is still ALIVE and kicking. Some of you may have read the post at Deaf Politics ‘Small Victory for Netflix in Cullen v. Netflix’.

It’s not even a small victory per se for Netflix—in fact, if anything, it’s a small defeat for Netflix. We amended it to remove the ADA aspect because of one primary reason: National Association of the Deaf (NAD). They currently have a lawsuit pending against Netflix using the ADA. By amending it to remove the ADA aspect, we strengthened NAD’s case and prevented Netflix from attempting to leverage our case against NAD’s case. Now NAD can concentrate on the ADA aspect, while my class action lawsuit will focus on other aspects. If you’d like more information on the NAD class action lawsuit, please inquiry with NAD.

In other words, my lawsuit is still ongoing, and I have absolutely no intentions of dropping the lawsuit. I intend to see it to the end until we reach a resolution, whether it’s in court or outside court via a settlement. The only difference at this juncture is that the ADA no longer has any bearing in the case.

My class action lawsuit is now focused on the following:

(1) Netflix’s falsely advertising the streaming library as being meaningfully captioned within a reasonable period of time,

(2) the “deaf tax,” and

(3) California state civil rights statutes (California Unruh Act and Disabled Persons Act).