University of St. Thomas Law Journal

Mindless Entertainment or an Industry of Abuse? The Harsh Reality of Unscripted Television

Kiley Munsey* 

We are taught many things in law school: how to think, how to structure an argument, and how to take care of yourself throughout the process.1 From those first days as a terrified 1L until now, the thing I have tried to consistently instill in my routine is self-care. Law school is undoubtably a high-stress environment and I’ve always been determined to resist burnout. Exercising, reading, and spending time with loved ones are a few self-care methods I rely on, but one that I always come back to, that has kept me afloat for the past year and a half, is reality TV. The more mindless the better—you name it, I have probably watched it. Real Housewives, Love is Blind, The Ultimatum, Tampa Baes, no show is too dumb for me to invest in. What I like most about reality TV is that it’s an escape from stress for an hour or two. Unfortunately, over the last few years there have been an increasing number of lawsuits against the networks and streaming services that are responsible for the reality TV that I enjoy so much.2

Betheny Frankel, a once iconic cast member of the Real Housewives of New York, who created the multi-million dollar brand Skinny Girl,3 is rumored to be working with celebrity attorneys Mark Geragos and Bryan Freedman in preparation for a lawsuit against NBCUniversal over mistreatment of reality show contestants.4 Some of the allegations are listed in a letter penned to NBCUniversal from Freedman on August 3rd of this year.5 The letter, addressed specifically to NBCUniversal’s general counsel, includes the following claims:

  • Deliberate attempts to manufacture mental instability by plying cast members with alcohol while depriving them of food and sleep.
  • Denying mental health treatment to cast members displaying obvious and alarming signs of mental deterioration.
  • Exploiting minors for uncompensated and sometimes long-term appearances on NBC reality TV shows.
  • Distributing and/or condoning the distribution of nonconsensual pornography.
  • Covering up acts of sexual violence.
  • Refusing to allow cast members the freedom to leave their shows, even under dire circumstances.6

Legal action amongst cast members also became an issue this year for Bravo, a network that is comprised mostly of reality shows and is owned by NBC, when a scandal on the show Vanderpump Rules turned ugly.7 On the show, longtime partners Ariana Madix and Tom Sandoval went through a chaotic breakup after Madix discovered Sandoval was having an affair with one of her best friends and fellow castmates, Rachel Leviss.8 Madix discovered the affair after seeing a “sexually explicit” video from Leviss on Sandoval’s phone.9 The video was then allegedly sent around to other castmates without Leviss’s consent.10 Leviss quickly lawyered up and threatened to sue anyone who still possessed or distributed the video under California’s law against “revenge porn”, or nonconsensual pornography.11 Under this law, action can be brought against anyone who intentionally distributes an image of another person’s “intimate body part” or images of them in different sexual scenarios, specifically when the individual believes that the images are going to “remain private” between themselves and the recipient.12 If the recipient distributes the image or video to others, “knowing they will cause serious emotional distress” they are liable for action under the Penal Code.13 Unfortunately, due to carefully constructed contracts, castmates on Bravo shows aren’t allowed to sue each other once under contract, so no filing was made on behalf of Leviss at the time of the incident.14 Since a complaint has also not yet been filed by Freedman or Geragos, it is unclear whether the nonconsensual pornography claim Freedman’s letter cites is referring to the instance with Leviss.15 Notably, however, neither Frankel nor Leviss are cast members of any current Bravo shows, and therefore under no type of contract with NBCUniversal.

It’s times like these, the drama portrayed in reality shows becomes less entertaining and more alarming. Unfortunately, it seems that in a world where drama continues to sell, networks are structuring their shows to ensure chaos. Alex Baskin, a producer from Vanderpump Rules, even admitted that the scandal between Leviss, Sandoval, and Madix reignited the popularity of the show and saved it from cancellation.16 This brings into question the power of producers and show creators to encourage onscreen drama when compared with the very real consequences cast members must face when their lives become entertainment fodder. Though Vanderpump Rules may have been “saved” by the chaos around Leviss and Sandoval’s affair, the fallout for Leviss was substantial. Shortly after filming wrapped on the season, Leviss checked into a mental health facility for two-weeks to seek treatment.17

As Jelle Mast commented in her article about the ethics of reality TV even back in 2016, “the power differential between program makers and participants” inevitably creates “issues of intrusion, humiliation, misrepresentation, and appropriation to emerge[.]”18 As seen in the situation with Leviss, participants can become trapped from being able to seek retribution and justice due to constricting contracts and a powerful network whose interests are in stark contrast with the individual’s well-being. Participants become collateral when a network’s bottom line is popularity and ratings.

This type of power imbalance is what Frankel and her attorneys also allege in their message to NBCUniversal.19 In the first paragraph of the aforementioned letter, they mention the mistreatment NBC has used against its reality stars, claiming the network has caused mental, physical, and financial strife among cast members who are allegedly “threatened with ruin should they decide to speak out about their mistreatment.”20 Referring to reality TV as the “sordid and dark underbelly” of NBC, the letter threatens that “the day of reckoning has arrived” for the network.21

The letter makes clear that legal trouble is coming to NBCUniversal and fast. They are threatened with multiple claims, including “intentional infliction of emotional distress, fraud, distribution of revenge porn, and false imprisonment.”22 While a lawsuit has not yet been filed, Geragos and Freedman guarantee one is impending. Geragos has mentioned in the press that he and Freedman “have been inundated with a litany of horror stories and abuse” that they need to sift through before bringing action against the giant that is NBCUniversal.23

While NBC’s day in court is pending, Netflix has had its own issues with reality contestants pressing charges for mistreatment.24

Love is Blind has become one of Netflix’s most popular shows since premiering in 2020.25 Hosted by Nick and Vanessa Lachey, the premise is simple if not silly, and seemingly harmless.26 Single contestants date “through a wall” and decide to get engaged after a few days before ever seeing each other.27 After living together for a few weeks, the couple decides whether they want to get married or not, with the final decision taking place at the wedding altar.28 What could be more dramatic than someone getting turned down at the altar? Unfortunately, recent lawsuits have revealed that the drama behind the scenes may be even more fraught than what the show portrays.

Justin Hartwell, cast member from Love is Blind season two, filed a lawsuit in July of this year against Netflix, production company Kinetic Content, and casting company Delirium TV for a number of claims, including failure to pay minimum wages and failure to provide meal and rest breaks.29 Hartwell alleges in his complaint that production cut off contestants from their families upon arrival in the city where they would film, kept them in their hotel rooms when they weren’t filming, and even limited their water and food intake.30

These claims mirrored another Personal Injury lawsuit by Dang Tran, who appeared on the show during season five which took place in Houston, Texas.31 In her petition, Tran claims she was “falsely imprisoned by Delirium TV and Kinetic Content throughout filming of the show” after being confined to her hotel room and prohibited from leaving her room without “express permission” from production if she wasn’t filming.32 Like Hartwell, Tran’s petition outlines contestants getting their “cell phones, passports, wallets, and any identification information or devices used to communicate with others” taken from them once they appeared on set.33

Both Hartwell and Tran’s cases are still pending and have yet to go to trial. Representatives for Delirium TV and Kinetic Content have denied the allegations in each suit.34 The streaming service shows no sign of pulling the show as casting calls were posted to social media sites in March of 2023 asking people to apply if they live in the Minneapolis/St. Paul, Minnesota or Denver, Colorado areas.35 If you’re reading this and considering an application, I suggest you review your contract carefully before signing. While I can’t say my love of reality TV will ever fully fade, it’s eye-opening to know that sometimes behind the scenes of these “silly shows,” contestants are dealing with more serious issues than viewers might expect. I think for the time being I’ll just stick with shows I know only invoke joy, comradery, and a healthy dose of voguing. Hey Google, play Ru Paul’s Drag Race.

*Kiley Munsey, J.D. Candidate, University of St. Thomas School of Law class of 2025, Associate Editor of the University of St. Thomas Law Journal. 

  1. Get Ahead and Stay Ahead in Your 1L Year, Themis, https://www.themisbar.com/themis-blog/navigating_your_first_year_of_law_school_tips_for_success (last visited Dec. 4, 2023). ↩︎
  2. Ashley Cullins, Real Drama Hits Reality TV Amid the Strikes: NDAs, Union Organizing Talk-And Lawsuits, Too?, Hollywood Rep. (Aug. 24, 2023, 10:08 AM), https://www.hollywoodreporter.com/business/business-news/reality-tv-ndas-union-organizing-lawsuits-1235572553/. ↩︎
  3. Betheny, https://bethenny.com/about (last visited Dec. 3, 2023). ↩︎
  4. Dominic Patten, ‘Vanderpump Rules’ Stars & Other Reality TV Participants Can Break NDAs To Reveal “Unlawful Acts,” Bravo Says, As Potential Lawsuits Loom, Deadline Hollywood, LLC. (Aug. 25, 2023), https://deadline.com/2023/08/vanderpump-rules-reality-tv-nda-lawsuit-bravo-1235528642/. ↩︎
  5. Demand for Immediate Litigation Preservation Hold from Bryan J. Freedman, Founding Partner, Freedman, Taitelman, and Cooley LLP., to Kimberley D. Harris, Exec. Vice President of Comcast Corp. and Gen. Couns. of NBCUniversal, NBCUniversal Media LLC. (Aug. 3, 2023) [hereinafter Litigation Letter]. ↩︎
  6. Id. ↩︎
  7. Hannah Selinger, Every Detail of the Vanderpump Rules #Scandoval Drama in Chronological Order,Vulture (May 25, 2023), https://www.vulture.com/article/vanderpump-rules-affair-timeline-scandoval.html. ↩︎
  8. Id. ↩︎
  9. Id. ↩︎
  10. Id. ↩︎
  11. Revenge Porn Law – California Penal Code 647(J)(4),Cron, Israels & Stark, https://www.cronisraelsandstark.com/revenge-porn-california-penal-code-647j-4 (last visited Dec. 2, 2023). ↩︎
  12. Cal. Penal Code § 647(j)(4) 2023. ↩︎
  13. Id. ↩︎
  14. Kate Aurthur, Why Carole Radziwill Had To Stop Being Polite And Start Getting Real, BuzzFeed (Aug. 5, 2014), https://www.buzzfeed.com/kateaurthur/carole-radziwill-interview-real-housewives-of-new-york. ↩︎
  15. Litigation Letter, supra 5, at 1. ↩︎
  16. Erica Handel, Vanderpump Rules Producer Hints Scandoval Saved Bravo Series From Cancellation, ScreenRant (Aug. 4, 2023), https://screenrant.com/scandoval-saved-vanderpump-rules-cancellation/. ↩︎
  17. Nardine Saad, Report: After treatment, ‘Vanderpump’ star Raquel Leviss wants you to call her Rachel, Los Angeles Times (July 14, 2023, 3:40 PM), https://www.latimes.com/entertainment-arts/tv/story/2023-07-14/raquel-rachel-leviss-mental-health-facility-vanderpump-rules-scandoval. ↩︎
  18. Jelle Mast, The Dark Side of Reality TV: Professional Ethics and the Treatment of Reality Show Participants, 10 Int’l J. of Commc’n 2179, 2194 (2016). ↩︎
  19. Litigation Letter, supra note 5, at 1. ↩︎
  20. Id. ↩︎
  21. Id. ↩︎
  22. Id. ↩︎
  23. Claudia Rosenbaum, Reality TV’s Reckoning Is Coming, Vulture (Aug. 22, 2023), https://www.vulture.com/article/bravo-lawsuit-allegations-what-to-know.html. ↩︎
  24. Dory Jackson, ‘Love is Blind’ Alum Jeremy Hartwell Accuses Show of ‘Inhumane Working Conditions’ in New Lawsuit, People (July 13, 2022, 5:05 PM), https://people.com/tv/love-is-blind-alum-jeremy-hartwell-sues-show-over-inhuman-working-conditions/. ↩︎
  25. Mikey O’Connell, ‘Love Is Blind’ Creator: Revelations From Reality’s Biggest Hitmaker, Hollywood Rep. (July 18, 2023), https://www.hollywoodreporter.com/tv/tv-features/love-is-blind-creator-chris-coelen-revelations-reality-shows-1235535758/. ↩︎
  26. See Love is Blind, https://www.netflix.com/title/80996601. ↩︎
  27. Id. ↩︎
  28. Id. ↩︎
  29. Class Action Complaint at 13, Hartwell v. Kinetic Content, No. 22STCV21223, (Cal. Super. Ct. June 29, 2022). ↩︎
  30. Id. at 6. ↩︎
  31. Plaintiff’s Original Petition at 4, Dang v. Delirium TV, No. 2022-50674 (Tex. 11th Dist. Ct. Aug. 16, 2022). ↩︎
  32. Id. at 5. ↩︎
  33. Id. ↩︎
  34. Emily Longeretta, ‘Love Is Blind’ Creator Confronts Cast Members’ Allegations, From Ignoring Mental Health to Lack of Food and Water on Set (EXCLUSIVE), Variety (Sept. 27, 2023, 11:45 AM), https://variety.com/2023/tv/news/love-is-blind-lawsuit-allegations-danielle-ruhl-interview-1235734836/; Sarah Grunau, ‘Love is Blind’ Houston contestant files lawsuit alleging sexual assault, Houston Pub. Media (Oct. 10, 2023, 1:45 PM), https://www.houstonpublicmedia.org/articles/news/houston/2023/10/10/466143/love-is-blind-houston-contestant-files-lawsuit-alleging-sexual-assault/. ↩︎
  35. Amy Mackelden & Lauren Puckett-Pope, Love Is Blind Season 6: Everything We Know So Far, Elle (Oct. 13, 2023, 11:00 AM),
    https://www.elle.com/culture/movies-tv/a45520511/love-is-blind-season-6-news-date-cast-spoilers/. ↩︎

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