The film followed a jobbing musician (Himesh Patel) who ascends to global fame after becoming the only person alive to remember the music of the Beatles.
De Armas recorded scenes for the film, in which she was to play Roxanne, one of the lead character’s love interests.
However, despite featuring in the trailer, the Cuban-born actor’s scenes were cut from the finished version of the film after writers felt that Roxanne distracted from the main romance.
As reported by The Hollywood Reporter, two die-hard fans of De Armas are now suing Yesterday’s distributor, Universal Studios, claiming that they had been tricked into seeing the film with the suggestion of her inclusion.
California resident Michael Rosza and Maryland resident Conor Woulfe claim in the class action filing that de Armas’s image was featured in the trailer for “the purposes of promoting Yesterday and enticing film sales and rentals”.
They both paid $3.99 to watch Yesterday on Amazon Prime, but the lawsuit is seeking at least $5m because it’s being filed on behalf of everyone who was affected.
“Unable to rely on fame of the actors playing Jack Malik or Ellie to maximize ticket and movie sales and rentals, Defendant consequently used Ms De Armas’s fame, radiance and brilliance to promote the film by including her scenes in the movie trailers advertising Yesterday,” they claim.
The filing, which is seeking $5m in damages, also cites a scene in the trailer featuring the Beatles song “Something”, which was cut from the final edit.
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It is not uncommon for actors to be cut from the final version of a film, and it remains to be determined whether Universal could possibly be held liable for the fans’ claims.
The Independent has contacted Universal Studios for comment.
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