Two fans of Ana de Armas filed a federal class action suit against Universal in January for using de Armas in a trailer for a film she was ultimately cut out of.
despite ultimately being cut from the film, has resulted in a federal ruling that movie studios who deceive audiences with misleading movie trailers can be sued for false advertising. The move comes after two of the actress’ fans filed a federal class action lawsuit against“Universal is correct that trailers involve some creativity and editorial discretion, but this creativity does not outweigh the commercial nature of a trailer,” U.S. District Judge Stephen Wilson wrote in his ruling.
The case will move to discovery, and a motion for class certification on the finding that film trailers are commercial speech and thus are subject to the California False Adverting Law as well as the state’s Unfair Competition Law. Conor Woulfe and Peter Michael Rosza, who filed the suit in January, are seeking at least $5 million on behalf of other movie customers who also paid $3.99 each to watchon Amazon Prime under the guise that the trailer would be reflective of the film itself — including seeing de Armas in the final cut.
“The Court’s holding is limited to representations as to whether an actress or scene is in the movie, and nothing else,” Wilson continued, clarifying concerns from the studio’s lawyers that the ruling could open the door for endless lawsuits on the basis of mere disappointment.
to screenwriter Richard Curtis. Still, portions of her pre-filmed appearances showed up in the trailer.
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