U.S. Appeals Court: ModelMayhem.com May Be Liable

SAN FRANCISCO — Operators of ModelMayhem.com may be liable after two site users lured a woman to a bogus casting call where they drugged and raped her, according to a ruling today at the 9thU.S. Circuit Court of Appeals.

In reviving the case of a model known as a Jane Doe, the court tossed a lower court ruling that previously dismissed the civil action after finding it barred under Section 230(c)1 of the Communications Decency Act. The CDA limits the liability of an online publisher for user-created material.

Doe, who sued ModelMayhem.com for negligent failure to warn, claimed the company knew but failed to warn users that two men, Lavont Flanders and Emerson Callum, would use the  website to lure victims to the Miami area for bogus modeling auditions. The men, she said, then drugged, raped and filmed her.

Earlier this year, the 11th U.S. Circuit of Appeals ruled to uphold the convictions of Flanders and  Callum, who were given consecutive life sentences in prison for their activities.

The 9th Circuit today found the CDA section inapplicable because Doe does not seek to hold ModelMayhem.com liable as the publisher "of content someone posted on the Model Mayhem website, or for [their] failure to remove content posted on the website."

The suit asked the court to hold parent company Internet Brands liable for failing to warn her about how the men used the website to lure rape victims.

"The duty to warn allegedly imposed by California law would not require Internet Brands to remove any user content or otherwise affect how it publishes such content," the appeals court wrote. "Any obligation to work could have been satisfied without changes to the content posted by the website's users."

The 9th Circuit remanded the case to the lower court consistent with today's opinion.

Internet Brands acquired the site from its original developers, Donald and Taylor Waitts, in 2008. According to the court brief, when the company learned of Flanders and Callum's scheme, it sued the Waitts for not disclosing the activities.

Today's ruling

Related:  

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

Sansyl Group Acquires Blue Donkey Media

Sansyl Group, parent company of AdultPrime Network, has acquired Blue Donkey Media B.V., owner of Dutch adult site Meiden van Holland, among several other erotic websites and television channels.

Yakira King, King Noire Star in Latest From TGirls.xxx

Yakira King and King Noire star in the latest release from Grooby paysite TGirls.xxx, titled "Pop the Balloon: Trans Edition."

Pineapple Support to Hold Mental Health Summit

The annual Pineapple Support Mental Health Summit is taking place Dec. 15-17.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

Serena Love Makes Her TransAngels Debut in New Holiday-Themed Release

Serena Love has made her TransAngels debut opposite multi-XMAs winner Eva Maxim in the new holiday-themed scene, “While You Were Snoozing.”

Tiffani Madison Makes Her Hookup Hotshot Debut

Tiffani Madison has made her Hookup Hotshot (HUHS) debut alongside Nade Nasty.

New Age Verification Service 'BorderAge' Launches

French startup company Needemand has officially launched its subscription-based age verification solution, BorderAge.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Show More