Performers Seek to Drop Blacklisting Lawsuit Against Meta

Performers Seek to Drop Blacklisting Lawsuit Against Meta

SAN FRANCISCO — Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby informed a California federal court on Monday that they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent.

As XBIZ reported, Evans, Pierce and Ruby originally filed the civil lawsuit in February 2022 against OnlyFans and its owner, as well as Instagram and Facebook’s parent company, Meta. The suit replicated claims from an earlier lawsuit filed on behalf of FanCentro in November 2021, alleging a conspiracy to engage in “tortious interference with contract and intentional interference with prospective business.”

The proposed class action, filed in the U.S. District Court for the Northern District of California, “accused Meta of blocking social media posts from adult entertainers who compete with artists who perform exclusively on OnlyFans’ subscription platform,” Law 360 reported.

In their motion to dismiss, the three performers “said their lawyers recently met with Meta’s counsel and were told that the company didn’t have the evidence that would back their case’s key theory,” which alleged that “their posts were filtered through a database the Meta social media sites use to flag and remove content produced by ‘dangerous individuals and organizations,’ to help curtail the spread of terrorism and violent extremism online,” Law 360 reported.

The plaintiffs say Meta informed them that the company “found no evidence that any competitor platform was currently on the list, or had been nominated for inclusion.”

According to their motion, “based on the information Meta defendants provided, the information essential to plaintiffs’ class allegations is not available,” making further discovery efforts “futile.”

The plaintiffs also stated that Meta provided “ambiguous and incomplete responses” to their questions and that they were told that “there is no archived version of the blacklist, which changes over time. There’s also no automated process for making additions to the list … as each entry goes through a nomination and review process,” Law 360 reported. “After hearing from Meta and acknowledging the lack of data, the performers told the court that they couldn’t move forward in federal court with their federal class claims, the only basis they alleged for federal jurisdiction.”

Meta also filed a motion to the court on Monday, seeking summary judgment.

U.S. District Judge William Alsup is scheduled to hear both motions on April 24.

As XBIZ reported, in July, Alsup dismissed claims against OnlyFans’ parent companies, Fenix International Ltd. and Fenix Internet LLC, and against owner Leon Radvinsky, following the plaintiffs’ disavowal of allegations that wire transfers were used to bribe senior Meta executives.

Copyright © 2024 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

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Show More