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

Asteria Jade Makes Her Tushy Raw Debut

Asteria Jade has made her debut for Tushy Raw alongside Filou Fitt in the latest release from the Vixen Media Group imprint.

Europe-Wide Production Hold Advised After Positive Syphilis Test

Talent Testing Service Europe has issued a statement calling for a Europe-wide production hold following a positive syphilis test in Spain.

Sofi Miel Makes Her Immoral Debut

Sofi Miel has made her debut for Immoral Productions, alongside Matt Bird and studio honcho “Porno Dan” Leal.

Clips.com Launches Lifetime Creator Referral Program

Recently launched creator platform Clips.com has introduced its new lifetime creator referral program.

Christy White, Emmanuel Torquemada Lead 'Odyssey'-Themed Trilogy From SugarBabes.tv

Christy White and Emmanuel Torquemada star in a new SugarBabes.tv trilogy inspired by “The Odyssey.”

Angela White Returns to Vixen

Multi-XMAs winner Angela White stars with Dan Damage in the debut installment of a new showcase series from Vixen, titled “The Angel Anthology.”

Taylor Vixxen Fronts Latest From New Sensations

Taylor Vixxen stars with Richard Glaze in the latest release from New Sensations.

BranditScan Rolls Out 'Leak Detection' Update

BranditScan has updated its Leak Detection feature for OnlyFans creators.

TeamSkeet to Premiere New Series 'Under The Table'

TeamSkeet will debut its new limited series, "Under the Table" next month.

Brazzers Debuts New Series 'Bro Code'

Brazzers has released the first installment of its new limited series, "Bro Code."

Show More