Performers' Blacklisting Lawsuit Against Meta Dismissed by Judge

Performers' Blacklisting Lawsuit Against Meta Dismissed by Judge

SAN FRANCISCO — A federal judge in California dismissed this week the lawsuit filed by three performers in 2022 claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent.

The dismissal occurred two weeks before the case was due to go to trial.

As XBIZ reported, in May, Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby filed the civil lawsuit in February 2022 against OnlyFans and its owner, as well as against Meta, the parent company of Instagram and Facebook. 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.”

U.S. District Judge William Alsup issued a written ruling granting Meta’s motion for summary judgment “because the professional adult entertainers who brought the suit had not produced the evidence necessary to support their case,” legal news site Law360 reported.

“There is no claim left to try,” the judge wrote. “Given that plaintiffs have been unable to produce the predicate data to move past the summary-judgment stage, judgment shall be entered accordingly.”

Although Alsup said during a May hearing that the tech giant’s lack of archiving of its “Dangerous Organizations and Individuals” (DOI) list sounded “nefarious,” his dismissal stated that ultimately “the plaintiffs have developed no proof sufficient to go to a jury on any of these claims.”

Since March, the plaintiffs have been seeking to drop the lawsuit, telling the court that “based on the information Meta defendants provided, the information essential to plaintiffs’ class allegations is not available,” making further discovery efforts “futile.” This was after 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 the plaintiffs’ motion.

Until this week’s ruling, the plaintiffs were seeking to drop the suit in such a way as to leave open the possibility of future antitrust claims. Disputing this, Meta asked the judge to instead issue a summary judgment in the company’s favor, which was granted this week.

Alsup wrote that he had no choice but to grant Meta’s motion for summary judgment “in spite of and not because of the questionable record keeping.”

“We were not expecting this at all,” Evans told XBIZ. “We have been in settlement talks with Instagram for the last few months, but when they refused to include any other performers in the settlement, we weren’t willing to leave the rest of our class behind, so we were looking forward to going to trial in mid-October. We’re really shocked and disappointed by the judge’s decision.”

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

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Streamate's Elevate Partners With Miss Mei on Decriminalization Initiative

Streamate’s Elevate initiative is debuting a November collaboration with creator and community advocate Miss Mei that will highlight the modern criminalization of sex work.

Show More