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 © 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

Ofcom Investigates Pornhub's Device-Based UK Age Checks

U.K. media regulator Ofcom has opened an investigation to determine whether Pornhub parent company Aylo’s use of device-based age verification complies with the U.K.’s Online Safety Act.

'Studio Vanniall' Launches Through PAYSITE

Vanniall's official website StudioVanniall.com has launched through PAYSITE.

France Weighs Ban on Purchase of 'Remote' Sexual Services

The French National Assembly is considering a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

YourVids Launches Customizable Subscription Feature for Creators

YourVids has rolled out YourFans, a service that allows creators to design customizable subscription tiers, from which they receive 100% of the revenue.

Jennifer White Launches Official Site, Debuts 1st Release

Reigning XMAs Female Performer of the Year Jennifer White has launched her new website, JenniferWhite.com, and announced the upcoming release of the first feature-length title from her new production company.

Adult Game Fest Announces Nominees for Inaugural Awards Show

Organizers of the inaugural Adult Game Fest virtual trade show have announced the nominees for their inaugural awards ceremony, taking place Saturday, Sept. 26, at 5 p.m. (PDT).

Byborg Enterprises Joins Pineapple Support as Sponsor

Byborg Enterprises has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

XBIZ 2027 Hotel Room Booking Now Open

Hotel booking is now open for XBIZ 2027, giving attendees the opportunity to secure their stay at the host venue, JW Marriott L.A. Live.

FSC Case Against Tennessee AV Law Can Go Forward, Court Rules

A U.S. district court on Tuesday denied the Tennessee attorney general’s motion to dismiss a Free Speech Coalition lawsuit challenging the Protect Tennessee Minors Act.

AEBN Publishes Popular Searches for July, August

AEBN has published the top search terms for July and August from its straight and gay theaters in all 50 states and the District of Columbia.

Show More