I belong to the Lifetime Movie Club. It advertises that it has a new movie every day. I've only been a member a few months, but already they uploaded movies that had previously been uploaded only a few months before. Isn't that a breach of contract?
A review of the subscription agreement is necessary to properly answer your question. I suspect that this would not amount to a material breach of the agreement.
This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.
The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it does not constitute the rendering of legal advice and does not create any attorney-client relationship. If you need legal or other professional advice, you should consult with appropriate legal counsel familiar with your particular facts and circumstances.
I would call them up and complain and see if they let you out of the agreement or give you some money back or "premium" membership or something.
If they don't resolve it that way, you could escalate to a higher manager, because it sounds like it might be false advertising if what you say is accurate, in which case they could be open to a class action lawsuit. The best part is, if you speak to high enough manager, and start throwing around those terms, they might be more willing to negotiate. But as my colleagues said, without seeing the actual agreement, I can't know for sure.
But even if their exceptions and exemptions are buried in legalese on page 10, if page 1 says, A NEW MOVIE EVERY DAY, it might be "false advertising" of services provided, b/c no reasonable person would be expected to read through a chunky legal doc or 10 pages of website stuff to clarify what is advertised in big letters.
Any information offered is for general education purposes to assist readers with an overall understanding, and is not intended as specific legal advice. Each situation is different, requiring individual consultation and sometimes research before actual legal advice can be dispensed. No attorney-client relationship is created through the exchange of such information. Prior results do not guarantee future outcomes.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline