Judge Allows APAG Officers' Lawsuit Against Meta to Move Forward

Judge Allows APAG Officers' Lawsuit Against Meta to Move Forward

SAN FRANCISCO — A U.S. District judge yesterday denied Meta’s motion to dismiss a civil lawsuit alleging that Meta employees conspired with OnlyFans to blacklist OnlyFans' competitors and their brand ambassadors.

U.S. District Judge William Alsup's ruling means that a proposed class action suit concerning the alleged conspiracy can move forward, and social media giant Meta will have to stand trial over the allegations.

As XBIZ reported, Adult Performance Artists Guild (APAG) board officers Alana Evans, Kelly Pierce and Ruby originally filed the civil lawsuit in February, against OnlyFans, its owner Leonid Radvinsky and Instagram and Facebook’s parent company, Meta, replicating claims from an earlier lawsuit filed on behalf of FanCentro in November 2021 and alleging a conspiracy to engage in “tortious interference with contract and intentional interference with prospective business.”

Attorney David Azar of Beverly Hills firm Milberg Coleman Bryson Grossman, who is representing the group as the first three of a class involving all adult performers and content creators, is also one of the lawyers representing FanCentro in its related action against OnlyFans.

Meta had argued in its motion to dismiss that news leaked in September about an anonymous email allegedly containing inculpatory information about a suspicious wire transfer “was ‘consipracy-theory-tinged’ and lacked credibility,” Bloomberg Law reported today.

Yesterday, however, in the U.S. District Court for the Northern District of California, Judge Alsup ruled that “Section 230 of the Communications Decency Act — which broadly shields internet platforms from liability for content created by their users — doesn’t block the lawsuit,” Bloomberg Law added.

Lawsuit: OnlyFans Is 'A Corrupt Business'

Evans, Pierce and Ruby allege in their complaint that OnlyFans is “a corrupt business” which gained “an enormous advantage over its competitors by wrongfully manipulating behind-the-scenes databases, and in the process, harming thousands of small entrepreneurs who rely on social media to promote sales of their product and earn a living.”

Like the FanCentro lawsuit, the complaint claims that “up until late 2018 or early 2019, the online adult entertainment industry was a vibrant, competitive market” but that sometime after Radvinsky’s purchase of OnlyFans, performers who had promoted OnlyFans' competitors “suddenly began to experience a drop-off in traffic and user engagement on social media platforms.”

“After working with performers to help them through their Instagram issues over the last few years,” Alana Evans told XBIZ today, “the judge’s decision has shined a bright light on the issue at hand. I am incredibly excited to see this case unfold and happy we will be given our day in court. We are so thankful for our legal team and appreciate the support from our community.”

Kelly Pierce told XBIZ she was “elated the honorable Judge Alsup is giving us independent content creators such precedence in this lawsuit.

“We really have no real footing in the tech world and are just slaves to it,” Pierce added. “We all know, from content creators to adult company owners, that social media is our bread and butter. Unfortunately these are the fights that will be necessary if we want to continue our presence on these platforms. We must come together and fight. I’m so grateful to our lawyers for working so diligently on this case and making sure this case was heard loud and clear, that we will not back down when it comes to unfair treatment.”

A Meta spokesperson told Bloomberg Law today that the company maintains that the plaintiffs’ claims are “completely false and lack a shred of evidence to back them up. We’re confident we’ll win this case.”

The case is [Evans] v. Instagram LLC, N.D. Cal., No. 3:22-cv-01101, 11/30/22.

Order Re Motion to Dismiss (Alana Evans et al. v. Meta)

Copyright © 2024 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

2024 XBIZ Miami Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, the adult industry's biggest summer conference, set to take place May 13-16.

California Labor Division Rules in Nicole Doshi's Favor in Motley Contract Dispute

The Division of Labor Standards Enforcement of the California Department of Industrial Relations ruled on Monday in favor of Nicole Doshi in her contract dispute with defunct talent agency Motley Models and its former owner Dave Rock.

Video: FSC's Alison Boden Testifies Before California Assembly Committee Regarding Age Verification

Free Speech Coalition Executive Director Alison Boden testified before the California Assembly on Tuesday, in opposition to the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Princess Mindy Is LoyalFans' 'Featured Creator' for May

LoyalFans has named Princess Mindy as its Featured Creator for May.

Republicans Behind Oklahoma's New Age Verification Law Gleeful About Potential Pornhub 'Exit'

Republican Gov. Kevin Stitt has signed into law Oklahoma’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists.

Woodhull Freedom Foundation Debuts 'Fact Checked by Woodhull' Program

The Woodhull Freedom Foundation has launched its new "Fact Checked by Woodhull" program, which uses peer-reviewed research, compiled and analyzed by professional researchers, to debunk myths weaponized to justify the repression of sex, sexuality and gender expression.

Supreme Court Denies Stay of Texas' Age Verification Law

The U.S. Supreme Court has denied a request by Free Speech Coalition (FSC) and other plaintiffs to stay Texas’ controversial age verification law while the court decides on a petition that would effectively overturn it on constitutional grounds.

QueerCrush Relaunches Through YourPaysitePartner

QueerCrush.com has relaunched through YourPaysitePartner (YPP).

High Society Models Joins Pineapple Support as Sponsor

Talent agency High Society Models has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

LoyalFans Announces Banksie Collaboration With I-15 Billboard

LoyalFans has announced its new collaboration with content creator Banksie (formerly Lindsey Banks) with a billboard on I-15, between L.A. and Las Vegas.

Show More