Los Angeles Times

Showtime is hit with a lawsuit

The class-action claim faults the network for streaming glitches during Mayweather vs. McGregor fight.

- By Des Bieler

A class-action claim faults the network for glitches during recent Floyd Mayweather Jr. boxing match.

After defeating Conor McGregor in a much-hyped showdown that was more entertaini­ng than many expected, Floyd Mayweather Jr. said of boxing fans, “I owe them for the [Manny] Pacquiao fight.” Meanwhile, the network behind the pay-perview event, Showtime, may find itself owing thousands of unhappy customers after being hit with a class-action lawsuit.

The suit was filed Monday by attorneys Michael Fuller and Mark Geragos in a U.S. District Court in Portland, Ore., on behalf of an Oregon man and what it described as potentiall­y thousands of other residents of the state.

The man, Zack Bartel, is saying he paid the $99.99 fee to stream the fight in highdefini­tion from a Showtime app, only to suffer through an unstable feed with poor resolution and numerous freezes.

“To his extreme disappoint­ment and frustratio­n, plaintiff (and thousands of other consumers) quickly learned that defendant’s system was defective and unable to stream the Mayweather fight in HD as defendant had advertised,” the lawsuit said. “Instead of being a ‘witness to history’ as defendant had promised, the only thing plaintiff witnessed was grainy video, error screens, buffer events, and stalls.”

The filing includes several screen shots taken by Bartel, showing subpar video quality and an example of an error message. It also includes many tweets by other frustrated would-be viewers who were complainin­g about the Showtime app.

The lawsuit alleges that Showtime “rushed its payper-view streaming service to market, without securing enough networking bandwidth to support the number of subscriber­s who paid to watch the fight . ... Instead of being upfront with consumers about its new, untested, underpower­ed service, defendant caused likelihood of confusion and misunderst­anding as to the source and quality of the HD video consumers would see on fight night.”

“We received a very limited number of complaints,” Showtime executive Chris DeBlasio told MMA Junkie. “For those that could not see the fight” through its app and Web client, he said, “Showtime will issue a full refund. Of course, the goal is to deliver at the highest quality all of the content.”

Showtime was among several providers of the fight, including cable and Internet companies, struggling to provide a feed to all customers.

The main event was delayed while technical issues were addressed, and Mayweather and McGregor did not start boxing until about midnight Eastern time.

The lawsuit alleges that by failing to warn consumers that its streaming product might fail, Showtime “willfully violated the Oregon Unlawful Trade Practices Act.” It says that Bartel and other plaintiffs should be entitled to “actual damages or $200 statutory damages, whichever is greater,” and that the Oregon class is “entitled to recover punitive damages,” given Showtime’s “wanton, outrageous and oppressive violation” of the rights of consumers in that state.

On Friday, shortly before the fight, a federal judge in California threw out a classactio­n lawsuit that was filed on behalf of boxing fans and pay-per-view customers complainin­g that Pacquiao failed to disclose his shoulder injury before they paid to watch him take on Mayweather in May 2015. That contest was a desultory affair, but Mayweather made more than $100 million, and he reportedly did so again in facing McGregor.

 ?? Las Vegas News Bureau/EPA ??
Las Vegas News Bureau/EPA
 ?? John Gurzinski AFP/Getty Images ?? FLOYD MAYWEATHER Jr. weighs in a day before his bout with Conor McGregor. Showtime struggled to provide a feed to all customers.
John Gurzinski AFP/Getty Images FLOYD MAYWEATHER Jr. weighs in a day before his bout with Conor McGregor. Showtime struggled to provide a feed to all customers.

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