Seeking Class Action Lawyer for suit against Fictionwise

[advocate2]

Don,

To be precise, I am seeking an attorney willing to take on the case. I am not seeking members to be class representatives. I think the title now is a little misleading. I would prefer "Seeking Class Action Lawyer for suit against Fictionwise". Having made it past my initial devastation over the loss of so many books from my wishlist, my enthusiasm for the suit is cooling.

A fellow pipe smoker.

[JSWolf]

Originally Posted by advocate2

Don,

To be precise, I am seeking an attorney willing to take on the case. I am not seeking members to be class representatives. I think the title now is a little misleading. I would prefer "Seeking Class Action Lawyer for suit against Fictionwise". Having made it past my initial devastation over the loss of so many books from my wishlist, my enthusiasm for the suit is cooling.

A fellow pipe smoker.

But what will you do if come April 3rd you find your wishlist restored? I think you are jumping the gun here. I think you'll find that in a few days, your case won't have any merit.

[pilotbob]

Originally Posted by advocate2

FW induced readers to purchase long term memberships by creating the expectation that deals would be available for the length of their memberships. A question is created regarding whether they have delivered to their members that which they promised.

Loyalty programs are discontinued and/or modified all the time. For example... for over 20 years my wife and I had been a member of the Fridays Points club. Each time you go and spend money they give you a certain number of points depending on how much money you received.

Later you could redeem the points for various food items or other stuff. One of the items was a cruise. We decided to go for that... know it would take a long time. however, we would choose to go to Friday's rather than elsewhere to keep getting more points.

A few years ago... the totally changed the loyalty program. What did we get for our 20 years of patronage? A $25 gift card iirc.

I'm also guessing the terms of the club probably said the reserved the right to change the deal at any time with no notice. I fully expect the Buywise club says something like this too.

The bottom line is... nothing here is actionable...

As a matter of fact:

YOU ARE STILL A MEMBER AND STILL GET DISCOUNTS!!!

BOb

[advocate2]

Three questions seem to me paramount.

First, what representations were made by FW at the time an individual became a member? If those representations ended up being false then a cognizable wrong exists.

Second, when did FW know that it would be subjected to a radical change in its pricing model?

Third, did FW have an implied duty to notify its members that it was about to experience this change.

If the pricing changes are temporary and the old model restored, of course damages would be minimal

[pilotbob]

Originally Posted by advocate2

If the pricing changes are temporary and the old model restored, of course damages would be minimal

Can you tell me what you feel has changed for a BuyWise member? The BuyWise FAQ says:

The Fictionwise Buywise Club can no longer be renewed and new subscriptions are no longer available. All existing Buywise Club members may continue to use their benefits until their memberships expire.

So please... what did you loose? You still haven't answered that question.

BOb

[DawnFalcon]

Maybe, just maybe, this has something to do with it?

[pilotbob]

Originally Posted by DawnFalcon

Maybe, just maybe, this has something to do with it?

You mean books being removed from the wishlist?

Once again, I don't see how that has anything to do with the benefits of the club.

Also, wrt books being pulled from your bookshelf FW also says, if you read their info, that they will make "best effort" to keep your books in your bookshelf as long as possible.

BOb

[DawnFalcon]

You're not really very familiar with the legal system and how these lawsuits work, are you Bob?

(This is of course not necessarily a BAD thing...)

[pilotbob]

Originally Posted by DawnFalcon

You're not really very familiar with the legal system and how these lawsuits work, are you Bob?

(This is of course not necessarily a BAD thing...)

I'm happy to say that I am not.

Were you referring to people suing people with no real reason other than blaming someone else for their misfortunes?

BOb

[Elfwreck]

Originally Posted by advocate2

First, what representations were made by FW at the time an individual became a member? If those representations ended up being false then a cognizable wrong exists.

This'd be crucial.

Second, when did FW know that it would be subjected to a radical change in its pricing model?

Third, did FW have an implied duty to notify its members that it was about to experience this change.

There have been no changes in the pricing model. And FW doesn't inform its customers every time a publisher pulls a book from availability, nor every time it stops carrying a particular line of books.

If the pricing changes are temporary and the old model restored, of course damages would be minimal

As far as we know, no pricing changes have occurred. All that's happen is that FW is carrying considerably less books than it used to; all their promises seem to be intact.

It's possible that customers who could claim FW implied an ability to provide their full former selection would be eligible for legal refunds; it's also possible that FW would provide refunds on request, with no legal liability, just to avoid huge numbers of disgruntled customers.

But so far, it looks like nothing has changed except what FW has available to sell, and some of what's available to download in one's bookshelf. Since they make no promises that those books will be available forever, that's not actionable.

[advocate2]

Bob,

I purchased a four year membership because I was given a clear impression that I would be receiving a discount on the prices I could purchase ebooks elsewhere. Let's take Grisham's The Appeal as an example. FW shows a list price of $18.95 but gives me a discount with a final price of $16.11. Now, look at the same title in the same format at the Sony Reader Store. It's price is $7.99. Perhaps you enjoy paying membership fees that give you the opportunity to purchase a title at twice the price available elsewhere. I do not. Sadly, I conclude that I have not received the benefit I was promised when I purchased my FW membership. Still not convinced, then please check the same title at Barnes and Noble, the parent company of FW. Surprise!!! It's $7.99!!!! Please explain the benefit I have received.

[Shopaholic]

Originally Posted by advocate2

Bob,

I purchased a four year membership because I was given a clear impression that I would be receiving a discount on the prices I could purchase ebooks elsewhere. Let's take Grisham's The Appeal as an example. FW shows a list price of $18.95 but gives me a discount with a final price of $16.11. Now, look at the same title in the same format at the Sony Reader Store. It's price is $7.99. Perhaps you enjoy paying membership fees that give you the opportunity to purchase a title at twice the price available elsewhere. I do not. Sadly, I conclude that I have not received the benefit I was promised when I purchased my FW membership. Still not convinced, then please check the same title at Barnes and Noble, the parent company of FW. Surprise!!! It's $7.99!!!! Please explain the benefit I have received.

But isn't price comparison your responsibility and something you should have done before buying the membership in the first place, which in the end has nothing to do with your complaint now? It seems like you're talking about two different things here.

I don't know. I price compare pretty much everything I buy. If some club tells me I'm going to pay less from them by being a member you're darn right I'm going to do price comparisons to see if that claim is true for what I would buy from them. *shrug*

[pilotbob]

Originally Posted by advocate2

Bob,

I purchased a four year membership because I was given a clear impression that I would be receiving a discount on the prices I could purchase ebooks elsewhere. Let's take Grisham's The Appeal as an example. FW shows a list price of $18.95 but gives me a discount with a final price of $16.11. Now, look at the same title in the same format at the Sony Reader Store. It's price is $7.99. Perhaps you enjoy paying membership fees that give you the opportunity to purchase a title at twice the price available elsewhere. I do not. Sadly, I conclude that I have not received the benefit I was promised when I purchased my FW membership. Still not convinced, then please check the same title at Barnes and Noble, the parent company of FW. Surprise!!! It's $7.99!!!! Please explain the benefit I have received.

Well... apparently we will have to agree to disagree.... if you find a lawyer that agrees with you and will take on this case... well... you've found a lawyer I won't be hiring.

BOb

[Elfwreck]

Originally Posted by advocate2

Bob,

I purchased a four year membership because I was given a clear impression that I would be receiving a discount on the prices I could purchase ebooks elsewhere.

Fictionwise never promised a discount against the prices of other ebook stores, just that Buywise members got a discount on *its* prices. It's your job to figure out if its prices are low enough to make that worth the price of club membership.

If I had a Buywise account--which I don't because I don't like the new customer service--I wouldn't be affected at all by the recent changes, because I only buy multiformat books from Fictionwise. So the 5 publishers they no longer carry wouldn't affect me at all. Almost none the books I wanted to buy at Fictionwise are available cheaper anywhere else. (And when they are, FW is still better, 'cos the other places often only sell 1 format per purchase.)

You *might* be able to argue that you expected the full array of publishers to continue to be available, but the most you're likely to get out of that is a pro-rated refund. If you're really upset, I suggest you wait a couple of days for the coding to settle down, and then send an email demanding a refund. If you paid by credit card, you can possible contest the charges, or part of them, even a year later.

[Seabound]

Originally Posted by advocate2

I purchased a four year membership because I was given a clear impression that I would be receiving a discount on the prices I could purchase ebooks elsewhere.

I am a Buywise Club member, and Fictionwise did give me that benefit as part of membership. Here is what is listed on their website as Buywise Club benefits:

The Fictionwise Buywise Club can no longer be renewed and new subscriptions are no longer available. All existing Buywise Club members may continue to use their benefits until their memberships expire.

- The Fictionwise Team
Buywise Club Benefits
Receive one free eBook of your choice for free for each year of membership (up to $10, see more details below).
Receive a 15% discount on all Fictionwise eBooks for the entire length of your membership. This discount is ON TOP OF all other promotions, coupons, and other discounts!

For example, if you buy an eBook in its first week of sale at Fictionwise it's automatically 15% off. You may have a 20% off coupon that you use to further reduce the price of this eBook. After all those other discounts are applied, your Buywise Club discount still kicks in for another 15% off the already discounted price.
Quantity Purchase Rebates. You will receive a micropay rebate for large credit card transactions. Again, these rebates are above and beyond all other discounts that apply to the sale:
Orders over $100 and under $200 will receive a 10% micropay rebate.
Orders over $200 will receive a 15% micropay rebate.

Example 1: as a member if you place a credit card shopping cart order for ten novels totalling $60 after your discounts, and you add another $50 of micropay for a total sale price of $110, you will receive an $11 rebate (10% of $110) into your micropay account.

Example 2: if you placed a credit card order at Fictionwise with a total sale price of $200, you would receive a micropay rebate of $30 (15% of $200).

Special promotions and discounts. Buywise Club members will additionally receive special promotions and discounts throughout the year, which will not be available to non-club members. We will typically run one of these special promotions about once every two months.