Court Upholds Injunction on Online Adult Billing System

NEW YORK — A federal appeals court has affirmed a lower court decision that online adult company Verity International Ltd. engaged in unfair trade practices by charging modem users through their phone bills as if they had made international calls to Madagascar, an island nation off the east coast of Africa.

On Monday, the 2nd U.S. Circuit Court of Appeals upheld the Federal Trade Commission’s injunction preventing the defendants from using the improper billing system.

In the alleged dialer scheme, the FTC sued Verity and Automatic Communications, along with owners Marilyn Shein and Robert Green, claiming their disguised billing method created a loophole for people to access online adult content over phone lines without the subscriber’s permission.

The 2nd Circuit rejected the companies’ claim that it was exempted from FTC enforcement because they were “common carriers.” Verity and Automatic, in its argument, said that it was immune from federal regulation because it simply used the billing services of existing phone companies — AT&T, Sprint and AT&T U.K. — to charge its customers anonymously.

In the decision, the appeals court affirmed the FTC’s injunction preventing Verity and Automatic from using the improper billing system and remanded the case back to U.S. District Court in New York to work out restitution matters. The lower court originally imposed a $17.9 million fine against the companies and its owners, but the court requested that it be recalculated.

The FTC claimed that thousands of consumers were defrauded of nearly $250 a piece for services that they did not know had been accessed through their phone lines. Those charges were represented as international telephone calls to Madagascar.

The FTC’s suit stems from a dramatic influx of complaints against Verity that were received since September 2000 through the FTC’s call center and logged in Consumer Sentinel, a database used by law enforcers around the world. A probe revealed that charges on consumers’ phone lines were being initiated by dialer software downloaded from teaser adult sites.

In its complaint, the FTC charged that the calls were reconnected not to Madagascar, but “short-stopped” in London or some other location. Line subscribers were charged the rates to Madagascar at $3.99 per minute, compared to about 8 cents per minute to London.

Two additional companies allegedly conspired with Verity and Automatic, according to the suit. Those companies are Integretel Inc. of San Jose, Calif., and eBillit, a subsidiary of Integretel.

The case is FTC vs. Verity International Ltd., et al, No. 04-5487.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Syren De Mer, Eddie Patrick Cap AEBN's Top Stars for 1st Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the first quarter of 2026.

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Report: Irish Regulator Seeks 'Industry Input' on AV Compliance

Irish media regulator Coimisiún na Meán (CnaM) will draw on “industry input” to help establish a framework for assessing platforms’ compliance with Ireland’s Online Safety Code and the EU’s Digital Services Act, news organization MLex reports.

'iDealgasmPlus' Launches Through PAYSITE

iDealgasmPlus.com has officially launched through PAYSITE.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

Sara Jay Relaunches Site Through PAYSITE

Sara Jay has relaunched her membership site, WydeSyde, through PAYSITE.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

AEBN Reveals Ariel Demure as Top Trans Star for Q1 of 2026

AEBN has named its top trans stars for the first quarter of 2026, with Ariel Demure landing atop the leaderboard.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Show More