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PWInsider.com has acquired a copy of a class action lawsuit filed against WWE last week, claiming the company misled customers about how to watch its major PPV/PLE events after it moved them ESPN’s new streaming app as of WrestlePalooza 2025. The was last week before U.S. District Court in Connecticut by a Michael Diesa and a Rebecca Tobak on 1/8. Diesa, a New Jersey resident, is a cable customer who already paid over $100 per month for cable with ESPN and found he needed to upgrade his Disney streaming bundle so his child could watch WWE events. Toback, a New York resident, was a YouTube TV subscriber who had to paid $29.99 the day of a WWE event in order to access ESPN’s streaming service, then canceled after the event.
PostWrestling.com initially broke news of the lawsuit.
The lawsuit's core allegation is that statements from officials like WWE President Nick Khan and marketing and promotion from the company made it appear that anyone with an existing ESPN subscription to via their cable or satellite subscription would have access to the WWE events, but in many cases, fans needed to subscribe for $29.99 a month for the ESPN app. Obviously, ESPN had not come to terms with a number of providers to allow access at the time of WrestlePalooza 2025 and in some cases, that integration, while being worked on currently, has yet to happen.
The 32-page lawsuit alleges ESPN press releases stating the new app would be available to fans who subscribe “directly or through a traditional pay TV package.” It also cited Nick Khan stating on a podcast that, just like previous deals (likely WWE's old Peacock agreement), WWE’s events would come with “no upcharge” for subscribers. The claim is that this led to fans believing that if they already had ESPN access, they had automatic access to the WWE events without additional fees - but discovered otherwise and were required to sign up for the service.
Obviously, access depended on behind-the-scenes agreements between Disney (ESPN’s parent company) and individual TV providers. At the time, some services (Verizon Fios, DirecTV, Spectrum, and Hulu + Live TV) allowed customers to log into the ESPN app and watch the events. Others (such as Cox, Xfinity and YouTube TV at the time) did not, forcing customers to pay extra. Cox recently added the access. YTTV is working on that integration currently.
The class action lawsuit is for United States-based customers who paid for the ESPN App between 8/6/25 and 9/20/25 but had already been paying for ESPN through cable or a live TV streaming service. Anyone who had automatic access to the ESPN App through their cable or satellite providers by 9/20/25 would not be included.
Interestingly, ESPN is not listed as a defendant, which the lawsuit notes is intentional as Disney’s existing subscriber agreements require arbitration and block class actions.
The lawsuit is seeking, "An award of actual, compensatory, and/or consequential damages, alternatively, an award of nominal damages (if and as necessary), an award of statutory damages (if and as permitted by law), an award of punitive damages (pursuant to Conn. Gen. Stat. §42-110g(a) and/or as otherwise permitted by law, an award of reasonable attorneys’ fees and expenses incurred in connection with this action (pursuant to Conn. Gen. Stat. §42-110g(d) and/or as otherwise permitted by law, an award of the costs of this action (pursuant to Conn. Gen. Stat. §42-110g(d) and/or as otherwise permitted by law), any injunctive relief necessary to preclude WWE from (a) continuing to violate CUTPA, (b) conspiring with ESPN to violate CUTPA, and/or (c) aiding and/or abetting ESPN in its violation(s) of CUTPA; and/or any other legal or equitable relief as the Court deems appropriate."
The plaintiffs are seeking a jury trial.
An electric summons was issued to WWE on 1/12 and they have been instructed they have 21 days to respond.
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