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

CamModelDirectory Launches Platform Upgrade

CamModelDirectory has launched its CMD 3.0 platform upgrade.

AEBN Publishes Popular Searches by Country for June, July

AEBN has released the list of popular searches from its straight and gay theaters by country in June and July.

Playboy to Move Global HQ to Miami Beach

Playboy announced today that it will be moving its global corporate headquarters from Los Angeles to Miami Beach.

Bellesa Plus Names Magalie Rheaut as Chief Growth Officer

Bellesa Plus has named Magalie Rheaut as its Chief Growth Officer.

PASS to Relaunch Performer Subsidy Fund

PASS has announced that it will relaunch the Performer Subsidy Fund (PSF) to cover sexually transmitted infection (STI) test panel costs for up to 10 people each month.

Pineapple Support Taps Austin Ponce as Brand Ambassador

Pineapple Support has named Austin Ponce as its newest brand ambassador.

Taylor Vixxen Stars in New DezyRed Interactive VR Game

Taylor Vixxen stars in an interactive VR game from DezyRed.

XBIZ Amsterdam's Jakarta Hotel Sold Out, Additional Hotels Announced

Guest rooms at XBIZ Amsterdam’s host conference venue, Jakarta Hotel, are now completely sold out.

X3 Expo Unveils 2026 All-Stars, Show Dates Set for Jan. 16-17

X3 Expo returns to the historic Hollywood Palladium on January 16–17, bringing together fans, creators and industry insiders for North America’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

Trump Administration Issues Executive Order Against 'Debanking'

The White House on Thursday issued an executive order limiting financial institutions’ ability to restrict access to financial services for people or groups involved in lawful industries, a longtime goal of adult industry advocates and stakeholders.

Show More