A pair of MoviePass (parent company ticker HMNY) clients have joined their efforts in a class action lawsuit. They claim that, over 10 months, they were only able to use their year-long subscription to the service three times. The issue stemmed from what they labeled “routine blackouts”.  

The plaintiffs are Lawrence and Laurie Weinberger of Sea Cliff, New York. In the suit, they claim that MoviePass executed a “deceptive and unfair bait-and-switch scheme” when selling them yearly passes in March of 2018. The offer made by the company was the ability to see “any movie” in “any theater” on “any day,” up to one per day, for a one-time fee of $105.35

However, they claim that when checking the service’s apps, they would often find that there were no movies available. In the end, they only used it for three movies over a ten-month span. MoviePass denied a request for a pro-rated refund for the yearly pass.

There was a similar suit filed in San Francisco. In that case, the claim is that MoviePass failed to fulfill its promises by blacking out certain hit movies in their app.

The NY case is seeking additional plaintiffs to join in on the class action, which is on grounds of deceptive advertising and breach of contract. Clients who signed onto the service between February 2013 and August 2018 can join in if they deem appropriate. It’s being led by Michael Reese of Reese LLP in New York.

MoviePass rolled out a new pricing plan in January. It charges more to clients of bigger cities, and caps the service at three movies a month.