SexSearch Appeal Set for Oral Argument

LOS ANGELES — An attorney for SexSearch said Friday he is confident that a federal appeals court will affirm a lower court’s dismissal of a man’s suit against the social networking company.

SexSearch and numerous other adult companies found themselves on the defense last year after the man, identified only as John Doe, filed suit, alleging that company executives and business partners committed fraud and violated Ohio consumer laws, after he had intercourse with a minor he met online.

“This is the final step in putting an end to this shakedown and vindicating not only SexSearch’s position, but Congress’s as well,” said Gary Kaufman of Los Angeles-based The Kaufman Law Group, which represents SexSearch in the case. “Only one person in the world had the responsibility to verify that girl’s age and it was John Doe. I expect the 6th Circuit to agree.”

The case was dismissed last year by U.S. District Judge Jack Zouhary, who said that Doe “employed a double-barreled shotgun approach … but failed to hit a claim upon which relief may be granted.”

Doe, however, appealed the case to the 6th U.S. Circuit Court of Appeals, which this week scheduled oral arguments in Doe vs. SexSearch for Oct. 24 in Cincinnati.

The case, filed in Toledo, Ohio, centered around an adult male who said he was tricked into believing that a minor he met on SexSearch was in fact over the age of 18 because she posted information that stated such and that the online company represented to him that it verifies the age of all members who use their site.

More than a month after having consensual intercourse with the minor at her home, Doe was arrested and charged with a variety of charges of unlawful conduct with a minor.

The man, whose age has not been revealed, faced up to 15 years in prison, but his criminal trial was dismissed.

The 14-year-old minor, whose profile was active on SexSearch until it was removed by her parents, included her photo on the site, as well as listings that said she was looking for a “1-on-1 sexual encounter” and that her ideal match included her interest in a male “who can last for a long time.”

SexSearch claims that it is immune through the Communications Decency Act because it acts as an Internet service provider and that Doe’s state claims all failed in the lower court decision at U.S. District Court.

“SexSearch had no duty to warn John Doe of the obvious danger of anonymous posting of false content on the Internet,” an earlier brief to the 6th Circuit said. “The [federal court] was correct in dismissing John Doe’s complaint for failure to state a claim upon which relief could be granted.”

The suit’s long list of defendants includes Manic Media and Stallion.com. Also listed as defendants are SexSearch executives Ed Kunkel, Damian Cross and Adam Small, as well as SexSearch hosting company ExperiencedInternet.com.

Plaintiff’s attorney Dean Boland did not return XBIZ calls for comment by post time.

Related:  

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

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Jacquie et Michel Acquired by 'International Fund'

French adult studio Jacquie et Michel has been acquired by an international fund, marking a significant development for the well-known brand.

YouPay Joins Pineapple Support as Sponsor, Introduces 'Permanent Donation' Feature

Australian gifting platform YouPay has joined the ranks of Pineapple Support’s partner-level sponsors.

Show More