The actress appeared in the trailer for the film about a young singer and songwriter who wakes up one day to find that the world had somehow forgotten the music of The Beatles. Seizing the opportunity, he suddenly becomes a worldwide sensation when he passes off their music as his own.
According to the complaint, which was obtained by Fox News Digital, Conor Woulfe, 38, of Maryland, and Peter Michael Rosza, 44, of San Diego County, Calif. filed a class action complaint in the United States District Court of Central California against Universal. After they spent $ 3.99 each to rent the movie on Amazon Prime, they were upset to discover that the actress’ part had been cut out of the movie.
The duo is seeking $ 5 million on behalf of themselves and all other affected consumers who may have spent money on the movie in the hopes of seeing the actress only to be disappointed. They accuse Universal of engaging in deceptive marketing.
“Because consumers were promised a movie with Ana De Armas by the trailer for ‘Yesterday,’ but did not receive a movie with any appearance of Ana de Armas at all, such consumers were not provided with any value for their rental or purchase,” the lawsuit states.
Representatives for de Armas did not immediately respond to Fox News’ request for comment.
Speaking to CinemaBlend in 2019, writer Richard Curtis explained that De Armas was going to play a character named Roxanne who would have acted as the third point on a love triangle between star Himesh Patel’s Jack Malik and Lily James’ Ellie. Unfortunately, the decision was made to cut the subplot because the minds behind the film thought better of making the main character stray away from his principal love interest.
Although the character made it to the trailer of the film, neither the actress nor her plot made it into “Yesterday.” As a result, many people like Woulfe and Rosza may have felt duped into renting or buying the movie.
As Variety notes, the suit bears some resemblance to a case involving the movie “Drive” that was filed in Michigan in 2011. In that case, the plaintiff alleged that the trailer made the movie seem like an action movie. Instead, the film was a thought-provoking, inter-personal drama starring Ryan Gosling.
That case was eventually ruled in favor of the defendants after they argued the trailer was protected under the First Amendment.