Lance Armstrong Now Facing Class Action Lawsuit Over Autobiography

Lance Armstrong Now Facing Class Action Lawsuit Over Autobiography

Will this class action lawsuit give rise to an actionable claim?

Lance Armstrong is not only facing a backlash from sponsors, teammates and federal authorities, but also disgruntled fans who purchased his autobiographies.

Following his admission to Oprah Winfrey about doping during his prestigious cycling career, the disgraced cyclist now faces a class-action lawsuit brought on by two irate readers, both of whom purchased Armstrong’s autobiographies, “It’s Not About the Bike” and “Every Second Counts.” The pair argued they were “duped,” “betrayed” and “cheated” by the seven-time Tour de France winner. Plaintiffs Rob Stutzman, who served as a deputy chief of staff for former California Governor Arnold Schwarzenegger, and Jonathan Wheeler, a chef and amateur cyclist, said they were duped into purchasing the books, which describe how Armstrong overcame cancer to continue his victories and how to compete drug-free following his illness, according to BBC News.

The plaintiffs said the books were fraudulent and falsely marketed the books as fact, rather than works of fiction. Both Armstrong, and his publishers Penguin Books and Random House, are named in the lawsuit. Penguin said the lawsuit should be thrown out.

Stutzman, in particular, recounted in the court filing how the book gave him inspiration, and he had the opportunity to voice these feelings to Armstrong personally, who did not refute the veracity of the works. In a brief meeting with Armstrong, when the cyclist met with then-Governor Arnold Schwarzenegger, Stutzman wrote he “thanked Defendant Armstrong for writing his book and told him it was very inspiring. In response, Armstrong thanked Stutzman,” the BBC reports.

Both plaintiffs are demanding statutorily permissible damages, attorneys’ fees, expenses and costs.

As reprehensible as the actions of Armstrong may be, I do not believe this would give rise to an actionable claim by fans or members of the public at large.  Certainly, those with privities of contract would have cause to institute litigation, including the publishers who have been named in the suit.  Yet the media attention and fallout from the lawsuit may have broader implications regarding entertainment law, particularly when celebrity authors recount events and other elements of their lives that are later found to be false.

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