EDITION: U.S.
 
CONNECT    

Netflix Hit With Class Action By Investors Over 2011 Stock Nosedive

Netflix Class Action

The Huffington Post   First Posted: 1/17/12 08:32 AM ET Updated: 1/17/12 01:48 PM ET

Add this to the growing list of Netflix's woes: It's getting sued.

As it struggles with a weakened stock and battered public perception, Netflix now finds itself the subject of a class-action lawsuit in California. A group of investors filed the suit in U.S. District Court "against Netflix and certain of its officers and/or directors", contending that "company insiders" at Netflix were "conceal[ing] negative trends" that preceded the stock's ultimate plummeting and selling NFLX stock while the stock was at that "artificially inflated" peak.

For background, on July 12, the day Netflix announced that it would split its DVD and streaming services, Netflix stock closed at a price of 291.27; on October 25, 2011, the final day of the class action lawsuit, the stock closed at 77.37. On Tuesday, Netflix was trading around the 97.00 mark.

Among the defendants named in the lawsuit are embattled Netflix CEO Reed Hastings; Chief Content Officer Ted Sarandos; and Chief Marketing Officer Leslie Kilgore. A summary of the accusation, from the lawsuit:

During the Class Period, defendants issued materially false and misleading statements regarding the Company's business practices and its contracts with content providers. Specifically, defendants concealed negative trends in Netflix's business. As a result of defendants' false statements, Netflix's stock traded at artificially inflated prices during the Class Period, reaching a high of almost $300 per share on July 13, 2011. While Netflix stock was inflated (partially by Netflix buying back its own stock), Comapny insiders were selling 388,661 shares of their own Netflix stock for proceeds of $90.2 million.

Though Netflix has long been getting pilloried in the court of public opinion, with Internet commenters and message board denizens blasting the company for what they perceive as corporate greed, this is the first official legal thrust at the popular streaming-and-DVD service as a result of its sudden stock price drop. It had also been publicly noted that CEO Hastings was selling lots of his company's stock, with many questioning why, though this lawsuit also marks the first legal criticism of his selling.

Hastings, for one, is taking a huge pay cut for 2012, with his stock options down to $1.5 million from $3 million. His base salary of $500,000 per year remains the same.

A spokesperson Netflix declined to comment.

Earlier on HuffPost:

Check out the slideshow (below) to view the worst tech flops of 2011.
Qwikster
1  of  15
PLAY
FULLSCREEN
ZOOM
SHARE THIS SLIDE 
If there is one lesson to be learned from The Great Qwikster Debacle of 2011 it is this: Don't take your perfectly good service and make it more expensive and then harder to use.

In July, Netflix unbundled their DVD rental and streaming plan, effectively forcing customers to pay $6 more for the combo plan they had grown accustomed to.

Then, in September, Netflix CEO Reed Hastings announced that DVD rentals and streaming would become two totally separate services. The streaming service would retain the name "Netflix," while the DVD branch would be called "Qwikster." Reactions were predictably negative, and on October 10, before Qwikster had even launched, Netflix ended the failed experiment.

But the company has paid dearly. In October, Netflix announced that it had lost 800,000 subscribers during the July - September quarter. In November, the AP reported that the company had lost 75 percent of its market value. Hastings, who is largely blamed for the blunders, will see his 2012 stock options awards cut in half.

Image via AP
FOLLOW HUFFPOST TECH

Add this to the growing list of Netflix's woes: It's getting sued. As it struggles with a weakened stock and battered public perception, Netflix now finds itself the subject of a class-action lawsu...
Add this to the growing list of Netflix's woes: It's getting sued. As it struggles with a weakened stock and battered public perception, Netflix now finds itself the subject of a class-action lawsu...
 
  • Comments
  • 326
  • Pending Comments
  • 0
  • View FAQ
Post Comment Preview Comment
To reply to a Comment: Click "Reply" at the bottom of the comment; after being approved your comment will appear directly underneath the comment you replied to.
View All
Favorites
Recency  | 
Popularity
1 2 3 4 5   ›   »   (8 total)
6 hours ago(11:25 AM)
I got a mail about a class action suit against Netflix and Walmart for colluding to postpone release of certain movies on Netflix or something so that Walmart can get the sales first or something along those lines. Never been involved with a class action and wasn't sure if I should have signed up to be part of it. I've been Netflix user since 2005 and though I'm streaming only subscriber now, you really can't beat all the content for $8 a month. It's come a long long way since it first allowed streaming where the contents were utter crap.
7 hours ago(10:29 AM)
Ummmm, where else can you get unlimited streaming video content without commercial­s for $8 a month? Stop whining.
photo
kwhitney333
Common sense is not common
7 hours ago(10:06 AM)
I am one of the many that discontinu­ed the DVD portion of Netflix. I kept the streaming but am still waiting for them to increase selection which was promised and have yet to see...I will keep it for now but if they do not increase the selection will look at other options...­however if they increase their prices again for any greedy reason I will cancel...
8 hours ago( 9:01 AM)
~~Corporat­e greed...se­ems to be what America has turned into. Let's take something that was making money and was a great service for people. Double the price, break it up and make it harder to use....oh btw...the CEO completely messes up, doesn't get fired, his stock options cut in half and GETS TO KEEP his original salary. If this had been a normal American worker, he/she would have been canned the first day! Even if they restored their service and price to what it was before, I would never return. Crash to the ground Hastings..­..you should be proud! You did this! Dumb jerk!!~~
photo
HUFFPOST SUPER USER
joecjr
9 hours ago( 8:01 AM)
They are also in a law suit for being such a bandwidth hog over the internet, most ISP's are putting caps on because of the continued use for these type services, people are expecting a system that wasn't designed or have the infrastruc­ture to support such huge bandwidth demands that companies like this are demanding on their networks. People are expecting to turn off their cable or satellite providers to save money and just use the internet for everything­, sorry folks that's not going to work until there's a lot more bandwidth available to use which requires large investment­s in infrastruc­ture and a lot of time to do.
5 hours ago(12:13 PM)
Hello Google Fiber.
photo
Arashi
comfort the afflicted; afflict the comfortable
9 hours ago( 7:48 AM)
Yesterday, some poor schmuck got fired from McD's because he gave out three packets of ketchup, and his boss was in a mood.
Hastings nearly destroyed a company in a matter of months and is ony going to get 1.5 million in stock options (on top of a half million dollar salary).

Welcome to America. Move along, now. Nothing to see here, folks.
3 hours ago( 2:07 PM)
its his company he cant be fired Next people will be saying that Warren Buffet should be fired whenever he makes a investing mistake (not that he does) when the CEO is also the founder then "investors­" are investing in him/her stock is up stock is down profit is up profit is down.
photo
waldopepper
I'd tell you all about me if you were my friend.
15 hours ago( 2:03 AM)
I signed up with Netflix the other day. I cannot believe how incredibly meager the selection is. What they do have is made up of older titles and of the newer titles that I may have been interested in, I have seen all that I am interested in already.

It is a good thing the first month is a freebie, cause only a few days in I have already exhausted what Netflix has to offer and know that I shall not be extending my membership beyond the first free month. I am honestly disappoint­ed.
4 hours ago( 1:29 PM)
You're probably from Canada, eh? Netflix is absolutely horrible here. Even though there are some good titles, we hardly get anything new and we've incredibly limited to what the States get.
photo
waldopepper
I'd tell you all about me if you were my friend.
10 seconds ago( 5:04 PM)
Right eh. It's enough to make me want to bash someone with my hockey stick.
16 hours ago(12:40 AM)
I like Netflix. What's the problem again?
16 hours ago(12:38 AM)
When looking at netflix, I could never personaly bring myself to get in it.. seemed to inflated for what it is..just like a few others with high price tags and zero dividens to me no value but maybe a fast trade.. So if you were buying to hold...?? good luck
17 hours ago(12:07 AM)
This man made a bad decision..­..why not just UNDO it???? or is that too simple ;) or could it be that their greed has blinded them to such a degree that they believe that 800,000 will magically change their minds and pay them double?
photo
HUFFPOST SUPER USER
ILoveGreatDanes
Why be good when you can be GREAT?
12 hours ago( 5:32 AM)
Exactly. The main problem, the thing that made people so angry, was raising the prices by 60% on the plan most customers had. Yet Reed Hastings made pseudo apologetic videos, announced bits of content he's going to add in 2013, send mass emails telling people to come back, and not done the one thing that customers want: reduce the price back to what it was, or at least offer a bundle discount.
18 hours ago(11:08 PM)
It's about time!

If these stockholde­rs were smart, they'd settle out of court for this stipulatio­n: Reed Hastings must be fired and never EVER be allowed to work for Netflix again in any capacity.

He turned a company that had one of the highest positive name brands to one of the most hated in under four months. That's a guy who should not still have that job. If he worked for any other company where stock plummeted that low so fast, he'd have been out on his rump.

"Here's your golden parachute, Reed. Don't come back!"
19 hours ago(10:21 PM)
MOre crooks to add to the growing list of corporate executives who have pillaged the company. Where is the 90 million dollors of stock options that were cashed in before the stock price lost 60% of its estimated value? How can the SEC and the Department of Justice injustly continue to let these perps walk the streets. There should be very little confidence when buying on Wall Street but it seems some people go right on buying into deceit and failure.
15 hours ago( 1:44 AM)
Dear f1nesse101­,

SPOT ON !! Netflix is a good service; it’s the company’s corporate bandits who are killing the golden goose. Their Machiavell­ian minds are only exceeded by their greed.

Corporatio­ns and banks, with the government as their catalyst, are the culprits that have decimated our economy - not labor unions, as they would have you believe.

The dilemma in a nutshell: "......bet­ween 1982 and 2005, personal income only grew about 10 percent and company earnings about 300 percent"

"America's top bosses enjoyed pay hikes of between 27% and 40% last year, according to the largest survey of US CEO pay. The dramatic bounce-bac­k comes as the latest government figures show wages for the majority of Americans are failing to keep up with inflation.­" ~ The Guardian, 12-14-2011

Many do not understand that about 70 percent of the U.S. economy is built on consumer spending. As long as greedy corporatio­ns and banks keep their feet on the necks of the working class, our economy will never recover.
photo
HUFFPOST SUPER USER
writeon1
Pundit in my own mind
19 hours ago(10:08 PM)
So often greed and not thinking of your customers first doesn't lead to any repercussi­ons for a corporatio­n. This time one of the mighty 99% might just get a taste of what us 1% feel like all the time, as their stock plunges lower and lower. They're toast. As far as their stock holders go, if stock were a sure thing we wouldn't be in the economic mess we're in now.
19 hours ago( 9:38 PM)
It would have worked out if the company wasn't so greedy. They should have made the split without an increase in payments and then slowly increase their prices over a couple of years (like everyone else does). Or even have better titles on the streaming side besides all the "B" movies.
20 hours ago( 9:24 PM)
So let me get this straight..­.investing involves risk, these investors stay in after any idiot can see the repercussi­ons of Reed "Arrogant" Hasting's move to jack the member price (much less the Quickster debauble that followed) and they lose out. They should have sold and then shorted the stock. They would have made tons! Now they go crying to attorneys hoping to recoup loses that they should have seen coming. I certainly did and I'm no financial wiz by any means. There is no case here, but certainly the company will want to stop the bleeding, will settle out of court, the investors get some small injunctive relief and the lawyers get rich...who needs tort reform?!! The system works.....­if you're a liberal class action attorney. Can anyone say f***ked up??