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Disney Wins Dismissal of Most Claims in FuboTV Streaming Lawsuit

By  |  September 9, 2026
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Walt Disney Co. won a significant legal victory in a proposed class action brought by FuboTV subscribers who accused the entertainment company of contributing to higher streaming prices, according to a report by Bloomberg Law.

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    U.S. District Judge Edward J. Davila in California dismissed the class-action claims after concluding that the plaintiffs were bound by provisions requiring arbitration and waiving their ability to pursue claims as a class, Bloomberg Law reported.

    The subscribers had not exercised their right to opt out of those contractual provisions, according to Bloomberg Law’s account of Davila’s Tuesday decision. The judge also ordered that individual claims surviving dismissal proceed through arbitration rather than in federal court.

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    The dispute centered in part on the terms governing customers of streaming provider Fubo. Those terms contained an arbitration agreement as well as a provision addressing future corporate affiliates, Bloomberg Law reported.

    Related: Disney Sues FCC Over ABC Licenses Over Broadcast Regulation

    The ruling largely removes the dispute from the federal class-action process and shifts the remaining individual claims into private arbitration. Arbitration clauses have become an important issue in consumer litigation because they can determine whether customers are able to pursue claims collectively in court or must instead bring disputes individually outside the court system.

    The case comes as Disney’s streaming operations and its relationship with Fubo have undergone broader changes. Disney has pursued an expansion of its position in internet-based pay television, an area that has also attracted antitrust litigation over programming agreements and subscription pricing.

    Davila, a judge on the U.S. District Court for the Northern District of California, has previously handled litigation involving allegations about Disney’s practices in the streaming television market.

    The latest ruling does not amount to a judicial determination that every underlying allegation against Disney was unfounded. Rather, according to Bloomberg Law, the decision largely turned on the contractual provisions governing how the subscribers were permitted to bring their claims.

    Source: Bloomberg Law