Two movie fans, Peter Michael Rosza and Conor Woulfe, faced disappointment as a federal judge dismissed their $5 million lawsuit against Universal Studios. The plaintiffs accused the studio of misleading them into watching the movie "Yesterday" by including actress Ana de Armas in the trailer, despite her scenes being cut from the final release. The case revolved around allegations of false advertisement and unjust enrichment, with District Judge Stephen Wilson ruling against the plaintiffs.
Rosza and Woulfe claimed they spent $3.99 each to rent "Yesterday" on Amazon Prime, under the impression that Ana de Armas would appear in the film. Originally cast as a love interest for Himesh Patel's character, de Armas's scenes were removed following test screenings. Despite this, she appeared in the promotional trailer, leading the plaintiffs to believe she was part of the movie's final cut.
"I think the audience did not like the fact that his eyes even strayed," said Richard Curtis, addressing the decision to remove de Armas's character.
The lawsuit, filed as a class action, alleged that Universal Studios engaged in false advertising and violated unfair competition laws. The plaintiffs contended that they received no value from their rental or purchase due to the misleading trailer.
"Such consumers were not provided with any value for their rental or purchase," asserted Rosza and Woulfe.
Initially, Judge Wilson allowed the lawsuit to proceed, acknowledging that movie trailers are considered commercial speech subject to advertising regulations. However, he later found the argument that the plaintiffs could be misled again by a potential director's cut to be speculative.
"Plaintiff Woulfe has offered no explanation as to why he believed that version of Yesterday they accessed on Google Play would be a different version of the movie they accessed on Amazon," Wilson noted.
Despite having already viewed the movie on Amazon Prime, the plaintiffs rented it again on Google Play in 2023. They argued that the trailer's misleading nature could affect future viewings if alternate cuts of the film were released.
Ana de Armas, known for her roles in "Knives Out," "Blonde," and "No Time to Die," remains a prominent figure in Hollywood. Universal Studios has yet to comment on the lawsuit's dismissal.