Two MoviePass subscribers filed a class action lawsuit on Friday, alleging that they were able to see only three movies over 10 months due to routine blackouts.

Lawrence and Laurie Weinberger, of Sea Cliff, N.Y., allege that MoviePass engaged in a “deceptive and unfair bait-and-switch scheme” when it sold them each an annual pass in March 2018. They each paid $105.35, based on the promise that that they could see “any movie” in “any theater” on “any day,” up to one per day.

However, the suit alleges that when they checked for screenings on the MoviePass app, often none were available. They ended up seeing just three movies, and the suit alleges that MoviePass refused to provide a pro-rated refund for the annual pass.

The class action suit was filed in New York. Another class action was filed in San Francisco in November, also alleging that MoviePass had reneged on its promises by blacking out certain popular movies.

The New York case seeks to represent all customers who subscribed to MoviePass between February 2013 and August 2018. The suit alleges claims of deceptive advertising and breach of contract. The case was filed by Michael Reese of Reese LLP in New York.

Last month, MoviePass rolled out a new pricing plan that aims to win back customers. The plan charges customers more in major cities, and permits only three movies per month.

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