A US judge has ruled that disappointed movie fans that their favorite actor was cut from a movie after appearing in the trailer could sue the studio for false advertising.
say two movie buffs Universal Pictures Tricked them into renting a 2019 flick yesterday because the trailer featured the actor Ana de Armas.
Peter Michael Rosa of San Diego and Connor Wolfe of Maryland say they charged more than $3.99 each to watch the Richard Curtis comedy on Amazon Prime, only to find out that de Armas hadn’t made the final cut.
A class action lawsuit filed earlier this year alleges that fans have been led to expect the Cuban star to appear prominently in No Time To Die. However, they “didn’t receive a movie in any guise Ana de Armas Not at all,” says the suit, which was reported by US media on Friday.
Accordingly, the suit added, “these consumers were not provided with any value for their rental or purchase.”
Universal had asked US District Judge Stephen Wilson to dismiss the complaint, arguing that the trailers are protected under the First Amendment to the US Constitution, which guarantees freedom of speech.
But in his ruling on Thursday, Wilson rejected the studio’s argument, saying sponsored offers are commercial rhetoric and are subject to laws regarding honest advertising.
“At its core,” the judge wrote, “a trailer is an advertisement designed to sell a movie by providing consumers with a preview of the movie.”
A Universal representative could not be reached immediately.
The suit is asking for at least $5 million on behalf of the disappointed fans.
Lawyers will meet again for the case on April 3.
Danny Boyle’s “Yesterday” tells the story of a musician, played by Himesh Patel, who is thrust into an alternate reality where the Beatles don’t exist.
He achieved worldwide fame by launching the Fab Four’s back catalog as his own.
De Armas, 34, who also appeared in 2019’s Knives Out, was originally cast in the film, appearing in the trailer and certain ads, but her role did not make the final version, according to the lawsuit.
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