Payment Company's 'Prohibited' List Is Focus of Appellate Review

Payment Company's 'Prohibited' List Is Focus of Appellate Review

SAN FRANCISCO — A federal appeals court last week heard oral arguments in a case that could prevent mobile payment company Square Inc. and other card processors from barring adult entertainment products and services from using their payment services.

A three-judge panel that heard the appeal in Robert White v. Square Inc. will decide whether Square Inc. acted illegally by discriminating against the plaintiff by his occupation — a bankruptcy attorney in a small law firm — by blocking him from its online payment platform.

Bankruptcy attorneys, along with 27 other occupations, products and services — including adult entertainment products and services — are listed on Square’s “refusal to service list.”

Square, according to its terms of service, prohibits the processing of numerous types of business transactions, including all adult entertainment-oriented products or services, "in any medium, whether it may be over the Internet, telephone or printed material."

"The White v. Square case presently before the 9th Circuit addresses whether persons excluded from accepting credit cards by non-bank entities such as Square Inc. may file class actions against such non-bank entities based, among other things, on their First Amendment rights to freedom of expression,” attorney William McGrane told XBIZ.

“There is reason to hope either the 9th Circuit or the California Supreme Court will conclude such class-action remedies are available to persons in the adult entertainment business so long as the activities such persons are engaged in are not illegal, i.e., that such activities do not involve prostitution, sex acts by minors, etc."

McGrane represents bankruptcy lawyer Robert White in an appeal of a lower court’s decision to toss the case.

White’s appellate counsel argued last week that the lower trial court erred in finding he couldn’t sue because he never signed up for the service.

His counsel said that White is protected under California’s Unruh Law, which makes it illegal for business establishments to intentionally and arbitrarily discriminate against customers.

Last week, the three-judge panel heard oral arguments and submitted the case for review. A video of oral arguments in Robert White v. Square Inc. can be viewed here at the 24-minute mark.

Related:  

Copyright © 2026 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

Cali Sweets Fronts Latest From MYLF

Cali Sweets stars with Pierce Paris and multi-XMAs winner Derek Kage in the latest release from MYLF series “MYLF Singles.”

Andi Avalon Stars in Latest From New Sensations

Andi Avalon stars with reigning and three-time XMAs Male Performer of the Year Vince Karter in the latest release from New Sensations.

Courtney Tillia Makes Her Brazzers Debut

Courtney Tillia has made her Brazzers debut alongside Victor Ray in “The Secret Pervy Life of the Mind.”

Lilly Benz, Chris Epic Front New Release from Grooby

Lilly Benz stars with Chris Epic in the latest release from Grooby Girls, titled “Grooby Plumbing to the Rescue.”

Cheerleader Kait Makes Her Vixen Debut

Cheerleader Kait has made her Vixen debut alongside multi-XMAs winner Alex Jones in the new scene “Petite Hottie Has a Tight Grip.”

Eporner Must Face Copyright Suit After Judge Affirms Jurisdiction

A U.S. district court has ruled that it has jurisdiction to hear a copyright infringement lawsuit brought by adult website operators against tube site Eporner, even though Eporner is based outside the United States.

Isa Bella Headlines Latest Volume of Sweet Sinner's 'Why We Cheat'

Isa Bella toplines the second volume of "Why We Cheat," the latest release from Mile High Media studio imprint Sweet Sinner.

Deeper Debuts Kayden Kross Fantasy Feature 'Equilibrium'

Vixen Media Group studio imprint Deeper has released the first installment of multi-XMA-winning director Kayden Kross's new fantasy feature “Equilibrium.”

BranditScan Launches API, Affiliate Initiatives

BranditScan has launched its new public API and an affiliate program for creators.

Sophia Locke Stars in Latest From New Sensations

Reigning XMAs MILF Performer of the Year Sophia Locke stars with Vince Karter and Will Pounder in the latest release from New Sensations.

Show More