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 © 2025 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

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

VRPorn.com Releases 2025 'Annual Report'

VRPorn.com has released its Annual Report, highlighting its audience favorites from throughout 2025.

MrPornGeek Launches 'Visibility Boost' System

MrPornGeek has launched a new visibility boost system.

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

GloryPay Announces New Financial App

European fintech company GloryPay has announced the launch of its financial app for industry members.

Creator of Hentaied, Parasited Launches New Site 'MonsterPorn'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched new paysite MonsterPorn.com.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Show More