Appellate Ruling Clears Way in Epic's Suit Against FriendFinder

SAN JOSE, Calif. — A California appeals court on Monday ruled that FriendFinder Network can't compel Epic Cash to arbitrate its claims over litigation involving Zango’s pop-up advertising.

Monday's decision stems from a long-running suit over Internet marketing and the alleged conversion of traffic.

FriendFinder's AdultFriendFinder division, a competitor of Epic Cash’s EpicCams.com website, is accused of having used Zango’s services to have diverted traffic away from Epic Cash sites and converted Epic's business to its benefit.

Epic alleges that Zango had caused advertisements to appear when users attempted to access Epic's websites. The pop-up ads blocked the content on Epic's websites and promoted Zango's services, the suit said.

The suit, filed at Santa Clara Superior Court, moved on to the California Court of Appeals after FriendFinder appealed the lower court's decision denying its petition to force Epic Cash in arbitration because FriendFinder had affiliate deals with both Epic and Zango.

But on Monday the appeals court rejected FriendFinder's appeal, ruling the affiliate agreements forcing arbitration were outside the scope of arbitration causes.

"[B]ecause Epic's lawsuit was against not just Friendfinder but also [Zango], which was not a party to an arbitration agreement with Epic, and there was a risk of conflicting findings if Epic's lawsuit against that defendant proceeded in court while the Epic/FriendFinder dispute was arbitrated, the superior court had discretion to refuse to enforce the arbitration agreement," the court said in its decision.

Gary Kaufman of Los Angeles-based Kaufman Law Group, which represents Epic, said that Monday's ruling clears the way for the case to proceed in front of jurors.

“This is a big day for Epic Cash," Kaufman told XBIZ. "The court of appeal agreed with both Epic Cash and the superior court that this matter did not belong in arbitration. This now clears the way for Epic Cash to vindicate its claims before a jury and receive compensation for Zango and AdultFriendFinder’s wrongful acts.”

Epic Cash has asked for $750,000 in damages in the case filed at Santa Clara Superior Court.

FriendFinder officials did not immediately respond for comment on the suit.

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

New Membership Site 'Sluts Corner' Launches

R18 Entertainment has launched a new membership site, SlutsCorner.com.

Roxie Rae Relaunches Site Through XSiteAbility

Roxie Rae has relaunched her site through XSiteAbility.

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Only Tax Deductions Joins Pineapple Support as Sponsor

Adult industry accounting firm Only Tax Deductions has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Adult Empire Launches 'Conversations' Podcast Series

Adult Empire has launched a new official podcast series hosted by Nicole Chappelle and Charlie.

Sex Work CEO Launches 'Teams Plan' for AI Assistant

Sex Work CEO has introduced the new Teams Plan for its AI-powered, NSFW text generator, GPTease.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

Show More