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Just when you thought we had reached the peak of frivolous lawsuits, there’s more. A judge has ruled that moviegoers can sue over a trailer that promised Ana de Armas.
The move in question is 2019s Yesterday. I didn’t see it, and I would bet considerable sums of money that you didn’t see it either.
On the off chance that you did, you were either drawn in by the timeless music of the Beatles or the timeless beauty of actress Ana de Armas. Both of those things are highlighted in the film’s trailer.
While the film succeeded in licensing songs from the Beatles’ catalog, De Armas was nowhere to be found.
Her scene, in which she appears as a guest on restaurant worker tyrant James Corden’s show, hit the cutting room floor.
Can you imagine paying $13 for a ticket to see Yesterday, $9 for popcorn, another $9 for a Diet Coke, and $5 for a box of Lemonheads only to learn Ana de Armas’ scene had been cut? Most of us would see this as a minor inconvenience, but some hardcore de Armas fans found this litigation worthy.
Two Fans Have Filed A $5 Million Class-Action Suit Against Universal
The two plaintiffs in the case, Conor Woulfe and Peter Michael Rosza, didn’t even pony up all that money to catch the movie in theaters. Instead, they rented it for $4 a pop on Amazon Video.
Still, they were very unhappy to be left de Armas-less.
They filed a $5 million class-action suit on behalf of other de Armas fans against Universal Studios.
Why? Because they feel like the studio took them for a ride with some good ol’ fashioned false advertising.
As frivolous as that sounds, US district judge Stephen Wilson has ruled that it can proceed.
It was ruled that trailers are subject to California’s California False Adverting Law and Unfair Competition Law.
“Universal is correct that trailers involve some creativity and editorial discretion, but this creativity does not outweigh the commercial nature of a trailer,” Wilson’s ruling read.
“At its core, a trailer is an advertisement designed to sell a movie by providing consumers with a preview of the movie.”
According to the BBC, de Armas’ scenes were cut out of the movie after test audiences responded to them poorly.
Follow on Twitter: @Matt_Reigle