The class-action lawsuit over WWE’s move to ESPN Unlimited just took a huge step forward. After months of arguing from the sidelines, ESPN and BAMTech are now officially part of the case.
According to PWInsider, the U.S. District Court in Connecticut ruled on September 18 that ESPN and BAMTech, the ESPN subsidiary responsible for its streaming technology, can intervene in the lawsuit filed by Michael Diesa and Rebecca Tobak. That means both companies have now officially been added as defendants.
The lawsuit centers on WWE’s move to ESPN Unlimited beginning with WrestlePalooza 2025. The plaintiffs claim WWE’s marketing and public statements led customers to believe anyone already paying for ESPN through cable, satellite or a live TV provider would automatically be able to watch WWE Premium Live Events, only to discover many providers hadn’t integrated access yet.
ESPN and BAMTech have maintained that the case should be handled through arbitration rather than in federal court. Their position mirrors WWE’s argument that because the plaintiffs subscribed to ESPN Unlimited, they agreed to Disney’s subscriber terms, which include mandatory arbitration and prohibit class-action lawsuits.
The lawsuit was filed by Michael Diesa, a New Jersey resident who says he already paid more than $100 per month for cable with ESPN but still had to upgrade his Disney bundle so his child could watch WWE events, and Rebecca Tobak, a YouTube TV subscriber from New York who says she paid $29.99 for ESPN Unlimited to watch a WWE event before canceling the service afterwards.
At the heart of the lawsuit are claims that WWE’s marketing and comments from WWE President Nick Khan created the impression there would be “no upcharge” for existing ESPN subscribers. According to the plaintiffs, many fans only discovered at the last minute that they needed an additional ESPN Unlimited subscription because Disney hadn’t finalized agreements with several television providers.
The lawsuit covers U.S. customers who paid for the ESPN App between August 6 and September 20, 2025, despite already paying for ESPN through cable or a live TV streaming service. Customers whose providers already offered ESPN App access by September 20, 2025, are not included in the proposed class.
Originally, ESPN wasn’t named as a defendant because Disney’s subscriber agreement requires arbitration and blocks class-action lawsuits. Now that ESPN and BAMTech have officially joined the case, those arbitration arguments are expected to become a much bigger part of the legal battle moving forward.
The plaintiffs are still seeking a jury trial, damages, attorneys’ fees and an injunction preventing what they allege was misleading marketing surrounding WWE’s move to ESPN Unlimited. With ESPN and BAMTech now officially in the lawsuit, the case has entered a new phase as the court weighs whether it stays in federal court or ultimately heads to arbitration.
Do you think the lawsuit belongs before a jury, or should it be handled through arbitration as ESPN and WWE argue? Let us know your thoughts in the comments below.
