Two men who rented the film “Yesterday” on Amazon Prime, expecting to see Ana de Armas in the cast, settled their lawsuit against Universal Studios, per Variety.
Peter Rosza and Conor Woulfe sued Universal in 2022, alleging they were deceived by the film's trailer, which featured de Armas, only to find out she was cut from the final version. They each paid $3.99 to rent the movie, expecting to see de Armas in a significant role.
The lawsuit accused Universal of deceptive marketing and sought to recoup at least $5 million on behalf of affected consumers. However, various setbacks ensued, leaving the plaintiffs facing $126,705 in Universal legal fees.
Legal Battle and Settlement
Initially, a federal judge sided with Rosza and Woulfe, ruling that movie trailers are not immune from false advertising claims. However, subsequent legal proceedings and Universal's legal maneuvers complicated the case.
The plaintiffs' class action lawyers aimed to prove that a significant number of viewers rented or bought tickets for “Yesterday” because of de Armas' presence in the trailer. However, they struggled to provide concrete evidence to support their claim.
In the end, facing mounting legal costs and uncertainties about the case's outcome, Rosza and Woulfe agreed to settle. The settlement terms didn't come out, but both parties should dismiss the case soon.
Despite settling the lawsuit, neither side expressed satisfaction with the outcome. Universal believed it they ended up in a position to spend significant resources defending against a frivolous lawsuit, while the plaintiffs' lawyers felt the legal system favored Hollywood studios.
The case highlights the complexities of false advertising claims in the film industry, especially concerning the portrayal of actors in movie trailers. While trailers fall under commercial speech, subject to false advertising laws, proving deception and quantifying damages can be challenging.
Ultimately, the settlement brings an end to the legal battle over the misleading “Yesterday” trailer, but it also underscores the potential pitfalls for consumers and studios in the realm of movie marketing and advertising.
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