ESPN is now attempting to formally enter a class-action lawsuit that was originally filed against WWE earlier this year.
The update was first reported by Brandon Thurston, who revealed that the sports network submitted a memorandum to the court on Friday. The filing requests permission for ESPN to intervene in the lawsuit, which was initially filed in January by two consumers.
The lawsuit centers on claims of deceptive marketing. According to the complaint, WWE allegedly promoted that ESPN subscribers would have access to premium live events without needing to pay extra. While WWE was named as a defendant when the case was filed, ESPN was not originally included.
Thurston explained the reasoning behind that decision, writing, “Plaintiffs did not name ESPN as a defendant, apparently to get around the arbitration clause in the subscriber agreement.”
With this new filing, ESPN is seeking to shift the case out of the court system and into arbitration. This request is based on the subscriber agreement tied to its parent company, The Walt Disney Company, which includes arbitration provisions for disputes.
The legal issue stems from the rollout of ESPN’s premium service tier. At the time the deal involving WWE content was announced, ESPN indicated that it planned to reach agreements with cable and streaming providers that would allow customers to access ESPN Unlimited without additional cost. However, that rollout has not been fully implemented.
As it stands, customers whose providers do not include the Unlimited tier must pay a monthly fee of $30 to access that content.
The plaintiffs in the case are seeking to represent a group of United States-based consumers. This group includes existing ESPN subscribers between August 6 and the WWE Wrestlepalooza premium live event on September 20, along with those who paid for the service during that time.
However, not all subscribers are included. Customers who used platforms such as Hulu + Live, Spectrum, Verizon FIOS, DIRECTV, and FuboTV are excluded, as those services reportedly provided access to the content at no additional charge during the timeframe in question.
The situation remains ongoing as the court decides whether to allow ESPN to intervene and whether the case will proceed in court or move to arbitration.
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