Los Gatos, Calif.-based Netflix didn't publicly acknowledge it differentiates among customers until revising its "terms of use" in January 2005 four months after a San Francisco subscriber filed a class-action lawsuit alleging that the company had deceptively promised one-day delivery of most DVDs.
"In determining priority for shipping and inventory allocation, we give priority to those members who receive the fewest DVDs through our service," Netflix's revised policy now reads. The statement specifically warns that heavy renters are more likely to encounter shipping delays and less likely to immediately be sent their top choices.
yahoo
Ive been pretty happy with netflix, some months i get more movies that others, recently i think ive been 'throttled' as im still waiting to see 40 yr old virgin and finally got Madagascar this week for my daughter. Ive had no problems with shipping, just getting the newer movies can be a wait. Plus ive got alot of older movies id like to see it doesnt bother me much. Thought the article was an interesting read.