The class action lawsuit accusing WWE of misleading fans about ESPN app access is moving forward.
According to PWInsider, WWE has secured additional time to respond. The company was originally due to answer the complaint filed January 9 in U.S. District Court in Connecticut, but now has until April 13, 2026 to formally reply.
The suit was brought by Michael Diesa of New Jersey and Rebecca Toback of New York. They claim WWE’s promotional messaging gave fans the impression that premium live events such as WrestlePalooza would be available through the ESPN app with a standard cable or live TV streaming subscription. Instead, many subscribers say they were hit with an additional $29.99 monthly fee despite already paying for ESPN access.
WWE is the only named defendant. ESPN and its parent company were deliberately left out of the filing, a move designed to avoid arbitration and class action waiver provisions tied to Disney user agreements.
Central to the complaint are comments made by WWE President Nick Khan and a press release issued August 6, 2025, which the plaintiffs argue suggested no added charge would apply. During a podcast appearance, Khan stated:
“You subscribe to [ESPN Flagship], you get WrestleMania, SummerSlam, Royal Rumble, all of our other premium live events, with no upcharge.”
The lawsuit contends that statement led subscribers to believe they already qualified for access. While ESPN eventually reached distribution agreements with providers including Cox, Verizon Fios, DirecTV, Spectrum, and Hulu + Live TV, customers using Xfinity or YouTube TV reportedly had to pay extra during the WrestlePalooza launch period between August 6 and September 20.
The plaintiffs are seeking more than $5 million in damages on behalf of affected subscribers.
WWE has yet to issue a public response. The next phase of the case is expected to center on whether WWE can be held liable for ESPN’s platform and distribution structure, and whether its public messaging crossed into deceptive marketing.