X Factor

'X Factor,' Simon Cowell sued by exhausted auditioners

Aug. 11, 2011 at 11:25 AM ET

Jason Decrow / AP /

The television premiere of “The X Factor” is still weeks away, but evidently, it’s never too soon to sue the show or the man responsible for it.

According to The Wrap, a couple of talent show hopefuls who were rejected during the Miami auditions are so upset they’re taking legal action.

It seems Hyman Marks, 86, and his son Stephen, 54, aced several rounds of auditions before Cowell sent them packing with a “no” vote. The problem? Well, in their suit, the father-son act (and the 78-year-old mom that was along for the ride) claims that production put them through “grueling and discriminatory physical and mental exertion” in an attempt to get special footage, and their resulting performance suffered.

“Mr. Cowell believed that Hyman Marks, as he looked and sounded that day, did not look like he could withstand the rigors and stress of going into the deeper rounds as a candidate on ‘The X Factor,” the suit alleges.

Now the family wants Fox, “X Factor,” and Cowell to fix it. How? With an audition do-over opportunity. But barring that, they’ll settle on a cool million each — even for mom.

“X Factor” premieres at Sept. 21 at 8 p.m. ET on Fox.

Do think it's really the show’s fault that these hopefuls were too pooped to perform their best? Is it fair to blame Cowell? Share your thoughts on our Facebook page!

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