Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

SAN FRANCISCO — Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

As XBIZ reported, earlier this month the performers told the court that Meta’s counsel had informed their lawyers that the company lacked records to back their allegations that their posts had been shadow-banned or placed on a database used to flag and remove content on Instagram and Facebook allegedly produced by “dangerous individuals and organizations.”

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.”

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.”

Now the plaintiffs are “fighting to drop their California federal court allegations in a way that they could still be refiled,” Law 360 reported.

Meta, however, wants the case “tossed on the merits, potentially blocking any new lawsuit,” the report added.

The performers’ filing states, “Contrary to Meta’s other arguments, the evidence obtained during discovery creates a reasonable inference of preferential treatment of OnlyFans and performers who exclusively promoted OnlyFans,” though by means other than they originally alleged. “That Meta has been deleting (or not retaining) data that might support plaintiffs’ claims as to the terrorist list does not eliminate other evidence of anticompetitive conduct.”

The performers’ attorney, David E. Azar of Milberg Coleman Bryson Phillips Grossman PLLC, told Law360 that their claims about being put on a watchlist could potentially still be backed by whistleblowers who may come forward in the future.

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

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Industry Photographer, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) has issued a notice that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.

Show More