86-Year-Old Contestant Sues Simon Cowell’s ‘X Factor’

Simon Cowell, 'The X Factor' (Photo: Fox)

Simon Cowell, 'The X Factor' (Photo: Fox)

We’ve been hearing about the ups and downs surrounding Simon Cowell’s new talent competition “The X Factor” for a year now, but this latest turn takes a legal spin.

“The X Factor” is being sued by 86-year-old contestant Hyman Marks, his 54-year-old son, Stephen Marks, and and 78-year-old wife, Helen Marks, reports The Wrap.

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The Hyman family claims their chances at success on the show – and ultimately their shot at the $5 million prize – was cut short due to vigorous, physical demands made of them during the audition process that left them too exhausted to perform to the best of their ability. The hopefuls say they were forced to film a segment several times in 96 degree heat, in which they had to walk from a car into Miami’s Bank United Center.

When it came time to audition, the Hymans ended up being voted off because Cowell felt they weren’t physically up to the demands of the show.

“As a result of this grueling and discriminatory physical and mental exertion, the judges and the audience never got to see the real Hy Marks and Stephen Marks that day,” the suit reads, according to The Wrap.

Fox, Cowell and the show are all named as defendants in the suit, which alleges “negligence, fraudulence of representation, and mental anguish.”

So, how much does it cost to make amends for destroying someone’s dreams?

“If the ‘X Factor’ refuses, plaintiffs pray the court will award each of the three defendants $1,000,000 each, totaling $3,000,000.”

That, or at least another shot on the show, the suit adds.

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