I can really say that the consumer got screwed in this "settlement" (if you can even call it that), Netflix is going to boaster their own profit margins with this ploy. They are wanting their consumers to upgrade their accounts (and forget to downgrade), thus raking in more dough for them. I doubt most people have actually bothered to read the fine print.
"Settlement Agreement"
The Fine Print
Netflix shall be permitted to automatically renew the upgraded service at the end of the upgraded month at Netflix's regular subscription rate for the upgraded program, unless and until the Class Member cancels the service or modifies his or her subscription.
No less than four (4) nor more than seven (7) days before the end of the Class Benefit for each Class Member, Netflix will send an email to the Class Memebr reminding the Class Member that he or she may elect not to renew the service at the benefit level.
I have emails lost (or thrown away by Spam Filters) all the time, I sure would hope this wouldn't be one of them. Even with this email, I doubt 50% of the members will bother to downgrade, maybe its time to grab some stock!
EDIT: BTW, I have used Netflix for the last year or so, and definitely have no complaints. 3 day turnaround (I live out in the sticks, snail can not be expected to be super fast) so I always have at least 1 movie waiting to be watched. Maybe I'm a special case, but the service has been excellent for me. I have a 42" plasma, but don't want to spend money on Satelite since there is never anything good on anyways. So thus I get Fox and ABC on my bunny ears, and watch a new movie (or an old one) everynight when I get home from work.