Adult Performance Artists Guild (APAG) board officers Alana Evans, Kelly Pierce, and Ruby have informed a California federal court of their intent to drop their lawsuit against Meta, which alleged a conspiracy with OnlyFans to blacklist talent from rival premium fan platforms. This development follows Meta's counsel informing the performers' lawyers that the company lacked evidence to support the plaintiffs' key theories.

Lawsuit Background and Allegations

The civil lawsuit was originally filed in February 2022 by Evans, Pierce, and Ruby 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. Both lawsuits alleged 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 performing exclusively on OnlyFans' subscription platform. The plaintiffs' central theory alleged that their posts were filtered through a database Meta social media sites use to flag and remove content produced by "dangerous individuals and organizations," intended to curtail the spread of terrorism and violent extremism online.

In July 2023, U.S. District Judge William Alsup dismissed claims against OnlyFans’ parent companies, Fenix International Ltd. and Fenix Internet LLC, and against owner Leon Radvinsky. This dismissal followed the plaintiffs’ disavowal of allegations that wire transfers were used to bribe senior Meta executives. Meta and Fenix International Limited, the London-based company that owns OnlyFans.com, both filed motions for dismissal earlier in July 2023. Counsel for Meta asked Judge Alsup to sanction and eject the suit brought by the performers after the plaintiffs disavowed alleged bribes to some senior executives at Meta leading to a conspiracy with Fenix to suppress competition. Meta's counsel argued that the plaintiffs' disavowal of claims of conspiracy proved they no longer had a viable case against the defendants. A filing submitted to the court stated, "This court should not permit plaintiffs to breeze into federal court, level incendiary allegations that very senior Meta personnel were bribed by OnlyFans, and then simply say 'oops, never mind' when it is shown that those allegations were false and frivolous from the outset." The filing further asserted, "It is now clear that this case should be dismissed immediately. As the court recognized, plaintiffs premised their entire case on the bribery scheme, and their claims against Meta rise and fall on the veracity of their allegations of bribery." Meta’s arguments to the court reflected a motion to sanction filed by counsel representing Fenix earlier in July 2023.

Lack of Evidence and Futility of Discovery

In their motion to dismiss, the three performers stated that their lawyers recently met with Meta's counsel. During this meeting, they were informed that Meta did not possess the evidence that would support their case's key theory. The plaintiffs were told that Meta did not have data or documents backing the theory that their posts were filtered through a database for "dangerous individuals and organizations."

Meta also informed the plaintiffs 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, "based on the information Meta defendants provided, the information essential to plaintiffs' class allegations is not available," which they concluded made further discovery efforts "futile."

The plaintiffs also stated that Meta provided "ambiguous and incomplete responses" to their questions. They were told that "there is no archived version of the blacklist, which changes over time." Furthermore, Meta informed the performers' lawyers that "there's also no automated process for making additions to the list, as each entry goes through a nomination and review process." After hearing from Meta and acknowledging the lack of data, the performers informed the court that they could not move forward in federal court with their federal class claims, which was the only basis they alleged for federal jurisdiction.

Upcoming Hearing and Future Claims

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. While the performers seek to drop their current lawsuit, they have indicated that they may still pursue antitrust claims in the future.

Key Facts

  • Alana Evans, Kelly Pierce, and Ruby seek to drop their lawsuit against Meta.
  • The lawsuit alleged Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent.
  • Plaintiffs were informed by Meta's counsel that the company lacked evidence to support their claims.
  • Meta stated it found no evidence of competitor platforms on its "dangerous individuals and organizations" list.
  • U.S. District Judge William Alsup is scheduled to hear motions on April 24.
  • Plaintiffs may still pursue antitrust claims in the future.