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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.
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This'd be crucial.
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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.
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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.
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If the pricing changes are temporary and the old model restored, of course damages would be minimal
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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.