Two individuals, Peter Rosza and Conor Woulfe, who rented the film “Yesterday” on Amazon Prime after seeing Ana de Armas featured in its trailer, only to find out her part had been removed from the final film, have settled their lawsuit against Universal for false advertising.
Rosza and Woulfe initiated legal action against Universal in 2022, claiming they were misled into renting the movie for $3.99 each. A federal judge initially ruled in their favor, stating that movie trailers could be subject to false advertising laws. However, subsequent legal challenges resulted in the plaintiffs being ordered to pay $126,705 in legal fees to Universal.
The terms of the settlement reached last Friday were not disclosed, and neither party has commented on the resolution. Despite the settlement, dissatisfaction is apparent on both sides. Universal contended that defending against what it considered a frivolous lawsuit cost the company substantial time and resources over two years. Meanwhile, the plaintiffs’ attorneys, who initially valued the lawsuit in the millions, expressed frustration with what they perceive as a judicial system biased towards Hollywood studios.
The case did lead to a notable judicial ruling that could have implications for future advertising practices in the entertainment industry. U.S. District Judge Stephen Wilson determined that movie trailers constitute “commercial speech” and are therefore subject to regulations governing false advertising. This decision countered Universal’s argument that trailers, as works of art, should receive protection under the First Amendment against such claims.
The lawsuit highlighted the challenges of linking such legal victories to financial compensation. The class action attorneys, led by Cody R. LeJeune, argued that anyone who purchased a ticket or rented “Yesterday” could potentially have been misled.
“Yesterday,” released in 2019, follows the story of Jack, a struggling musician who, after an accident, finds himself as the only person who remembers the Beatles, leading him to fame as he reintroduces their songs to the world. Ana de Armas was originally cast in a small role as one of Jack’s love interests, which was eliminated following audience feedback at test screenings.
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