Ads before movies prompt lawsuit

[Big-O Mark]

Ads before movies prompt lawsuit

Thursday, February 20, 2003

Reuters

HOLLYWOOD, California (Variety) --High school teacher Miriam Fisch wants those four minutes of her life back -- and she thinks Loews Cineplex ought to pay for their alleged theft.

In a class-action lawsuit filed in Illinois state court on behalf of all Loews patrons, the Chicago-area English teacher claims the theater circuit's policy of playing pre-film product commercials amounts to a deceptive business practice because the ads begin at the time advertised as the start of a feature movie.

The legal action reflects the reaction of many moviegoers jarred by the increasing prominence of onscreen advertising in theaters industrywide. In fact, the succession of such pre-movie ads now often lasts up to 10 minutes or longer in many venues.

Even many proponents of the trend say cinema advertising is best limited to a few minutes prior to the advertised showtime, but that often isn't the case. Part of the problem involves the time required to clean theaters between showtimes, which can leave too little time to present commercials before the advertised movie time.

"It is completely ludicrous to have moviegoers pay good money to watch commercials," said attorney Douglas Litowitz, who is representing Fisch in her suit. "They can do that at home for free."

The suit seeks "lost time" damages of up to $75 per plaintiff covered under a class action, as well as an injunction to force Loews to stipulate separately when its onscreen ads will run and when movies will play.

Litowitz said he may target other big chains with similar suits in the future. "We feel the most people would be best served by going after the biggest chains," he said.

More suits in the offing?
Litowitz and another Chicago attorney, Mark Weinberg, operate a Web site called NoMovieAds.com. He described Fisch as a "friend" who was troubled by the intrusion of ads prior to the showing of Miramax's "The Quiet American" at a Loews in suburban Chicago.

"The proposed class of plaintiffs includes a nationwide class (of) all recent moviegoers who have been misled by Loews' movie advertising," the attorneys said.

Loews spokesman John McCauley declined comment on the Fisch suit, saying the company had yet to be formally served.

Litowitz said he and Weinberg are mulling a similar action against No. 1 U.S. exhibitor Regal Entertainment, which recently debuted a digital "pre-show" of ads, movie trailers and interstitial entertainment on about 2,000 of its 6,000-plus screens nationwide.

But in what could prove a key distinction, Regal execs claim their 20-minute pre-show runs prior to the advertised showtime for feature presentations. Regal's non-digital venues also will adjust "rolling stock" advertising to play prior to advertised movie times, though some of its theaters still run those commercials after the lights go down at the scheduled movie time.

Meanwhile, it appears unlikely that even a groundswell of negative public sentiment could reverse the industry's march into onscreen advertising. By 2001, such ads pumped an estimated $250 million in supplementary dollars into exhibitors' coffers, and the industry figures on double-digit annual growth in cinema advertising revenue for some time to come.

"My guess is it was up 20 percent in 2002, and we're expecting at least 30 percent growth in 2003," said Matthew Kearney, president of the recently formed trade group Cinema Advertising Council.

Lawsuit 'ridiculous,' says ad exec
Kearney, who is chief executive of on-screen advertising giant Screenvision, said the Fisch lawsuit was "ridiculous." U.S. moviegoers are already used to movie ads, he said, though cinema advertising has yet to gain a level of acceptance in the U.S. to match its well-established presence in European exhibition.

"Everybody knows when they turn up at a cinema there's going to be some announcements, some trailers and these days some advertising before the main feature starts," Kearney said.

In a press release, Litowitz and Weinberg said the Fisch lawsuit "does not challenge the right of movie theaters to show movie previews prior to the start of the show." But current practices make moviegoers "unwitting subjects for annoying commercials," they said.

As far back as 1998, Ralph Nader's consumer group Consumer Alert was arguing that newspaper listings of movie times should be based on actual movie times and not the pre-movie commercials. The group also called for laws to govern movie listings.

"It's bad enough there are so many product placements paid for by brand-name companies in the films themselves without frontloading the audience's movie experience with more ads," Nader said at the time. "Whatever happened to art?"

In certain European territories, newspaper listings and box office signage stipulate both movie times and times for pre-show ads and trailers.

[jester22c]

That's rediculous. I actually enjoy the previews most of the time because half of the time they are for good movies (or they at least look good). Also because if I go and see a movie with a large group of friends then chances are someone is either late or stuck waiting in line or something. It gives them a few minutes of extra time. I personally don't think the suit will last especially considering since the theaters are private organizations and they are in fact showing what they advertise. But then again I've seen crazier things pass before...

[Anthony]

There is a simple soultion. You know the ads come before the movie, arive at the theater 3 mins late. Then you don't have to see the ads. If I did not see the previews I would not know what to see next. Anyways the theater previews are better then the TV ones.

Simply someone out to make a quick dollar.

[Big-O Mark]

I love watching movie previews before the main feature, but I hate that there are now also regular commercials before movies in addition to the previews.

[Timelessblur]

I like the preview but the ads get to me and because of the ads they show us less preveiw. I know the cinmark by my house now start showing hte adds and preiveiw 5 mins eairly just so they do not run over on everthing else. THey are starting to push 15 mins

[DADINK13]

I love watching movie previews before the main feature, but I hate that there are now also regular commercials before movies in addition to the previews.

That makes two of us, I don't care about seeing a Coke ad before my damn movie. Just start the previews and I'll be happy.

[Moon Child]

I love watching movie previews before the main feature, but I hate that there are now also regular commercials before movies in addition to the previews.

That makes two of us, I don't care about seeing a Coke ad before my damn movie. Just start the previews and I'll be happy.

Or those for a local eatery, especially when the theater has its own food court set up, including pizza, hotdogs, elephant ears, etc...

[harra]

If I read the original article correctly, the complaint isn't about movie trailers but about the proliferation of product commercials that are now cropping up. For example, whenever I go to the local theater I am guaranteed to see a commercial for Toyota, Coke, MovieTickets.com, and Maybe Nissan.

I love trailers. I am always early to the theater so I can get a good seat and see the trailers. In fact, my wife knows that if we don't have enough time to get to the theater in time to see the trailers, we aren't going The product advertisments are evil. If the want to run commercials they can run them during that space and time where they are usually running that looped "slide-show" with the cheezy soundtrack

[Timelessblur]

I love trailers. I am always early to the theater so I can get a good seat and see the trailers. In fact, my wife knows that if we don't have enough time to get to the theater in time to see the trailers, we aren't going The product advertisments are evil. If the want to run commercials they can run them during that space and time where they are usually running that looped "slide-show" with the cheezy soundtrack

'

The trailers are the best part. My friends and I try to get to the movie theater a little earily (key word try. we make it most of hte time). We like to get a good seat before the movie starts. Most of the time we try to get the bar sits (it one of the lower rows with a bar in fount of it) mostly for my benfit since i am 6'4" and I like to rest my feet on it. My friend Jessi she can not even reach the bar with her feet. and my other friend he does not care about it. We use that time with the cheesy slide-show to talk since no one cares about people making to much noise then and talking. Now when it comes to the adds we start are not happy about them and so we end up making fun of them while they are playing. Now when the preview start we stop talking and watch them.

[jester22c]

As far as ads go there aren't many at all at the theaters in my area. Most often maybe 1 and the rest are all movie trailers. I guess if I had to watch 5 minutes of commercials too I'd get annoyed.

[Michael]

Indeed. Trailers and ads don't piss me off, but I can see why the would. You already paid $7 a ticket, or so--why do you have to watch advertising along with that? But still, I wouldn't sue--I've always just accepted previews and ads as a part of the movie-going experience.