Consumer advocates are suing against price increases by Netflix, Apple TV and Wow

Is a contractual clause enough to keep increasing the prices for a streaming subscription? Or are there limits? The courts will now decide that.

Dusseldorf. Consumer advocates are taking action against price increases by streaming providers Netflix, Apple TV and Wow with three representative lawsuits. They want to enforce repayments of between 200 and 700 euros for customers in Germany, depending on the respective contract.

The providers have repeatedly increased the prices of current subscriptions without obtaining the separate consent of their customers, said the Consumer Protection Association (VSV) in Berlin. They relied on price adjustment clauses in their general terms and conditions (GTC).

From the association's point of view, such clauses unreasonably disadvantage consumers and are ineffective. The Vienna-based association, which has teamed up with a Berlin law firm and a litigation financier for the lawsuits, argues that the increase amounts were paid without legal grounds and could be reclaimed.

The lawsuits are pending at the Berlin Chamber of Commerce (Az. 11 VKI 1/26, 21 VKI 1/26) and at the Bavarian Higher Regional Court (Az. 102 VKI 1/26 e). Those affected can join the lawsuit free of charge.

The Hamm Higher Regional Court (OLG) is currently dealing with a similar case. It's about strong price increases at the sports streaming provider DAZN in 2021 and 2022. According to the court's preliminary assessment, they were unlawful.

At the beginning of September, the Higher Regional Court gave a corresponding reference to a representative action brought by the Federal Association of Consumer Organizations (VZBV) in an oral hearing. The court plans to announce a verdict on November 18th.

More: Netflix increases prices in Germany