Class Action Lawsuit Filed Against Entertainment Industry Giant Red
Box
The consumer protection division of Brent Coon & Associates has filed a lawsuit against the
DVD rental chain of Red Box, Inc. on behalf of Laurie Piechur, a single mother of 3 who lives in
Southern Illinois. Attracted to lower rental fees of only $1 per night and the guarantee of “no
late fees,” Laurie recently rented various DVDs from Redbox. She was then unpleasantly
surprised when she returned some DVDs shortly after the 9:00 p.m. return deadline only to find
out she was charged another $1. Her children unfortunately lost two other DVDs she watched
with them, and knowing she would have to pay some amount for a replacement, she was
shocked when Redbox automatically charged her $25 per DVD – more than triple the price it
charges to buy used DVDs available from its kiosks for only $7.
The lawsuit, Laurie Piechur v. Redbox Automated Retail, LLC, Case No. 09-L-562 filed in St.
Clair County, Illinois by attorneys Thomas G. Maag of Wendler Law Firm and Jeffrey A. J. Millar
of Brent Coon & Associates, seeks to certify a nationwide class of consumers who rented DVDs
from Redbox and incurred a late fee, despite the “No Late Fees” promise. The suit was brought
for violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, unlawful
penalties, unjust enrichment and a violation of the Illinois Rental-Purchase Agreement Act. The
terms and conditions for use of Redbox DVD rentals requires the application of Illinois law, as
well as subjecting the parties to the personal and exclusive jurisdiction of the Illinois state
courts. Redbox kiosks require an e-mail address and credit or debit card to complete
transactions. When a DVD is returned late, Redbox automatically charges the customer’s
account $1. The lawsuit also seeks remedies for violation of Illinois’ Automatic Contract
Renewal Act, which requires a clear and conspicuous disclosure of the automatic renewal
clause and the cancellation procedure,