Federal Class Action Filed Against OnlyFans, 'Chatter' Agencies

LOS ANGELES—Attorneys have filed a class action lawsuit against OnlyFans parent company Fenix International Limited and eight OnlyFans agencies, which offer "chatters" as a service to models inundated by thousands of daily direct messages, alleging fraud and invasions of privacy. Led by Arizona-based attorney Robert B. Carey, a partner at the Hagens Berman office in Phoenix, and his co-counsel, fellow partner Michella A. Kras, the class action was filed Monday in the U.S. District Court for the Central District of California, also alleging RICO violations. In addition to Fenix and its digital division, Fenix Internet, the eight agencies named in the lawsuit are prolific in representing models with large followings. "The lawsuit is filed on behalf of hundreds of millions of OnlyFans users, or fans, who pay to communicate directly with preferred content creators on a personal, often intimate, level," reads a statement about the lawsuit published by the Hagens Berman law firm to its website.   The statement adds, "The suit alleges that fans are led to believe they are engaged in an authentic conversation when they are actually communicating with professional chatters hired to impersonate the creator and convince users to spend more money."   OnlyFans reps had not responded to requests for comment as of post time.     The plaintiffs are a class of consumers who have obscured their names by using their first and last initials.   One of the counts to justify class action against OnlyFans and the agencies is a violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act.   Attorneys Carey and Kras accuse the defendants of having "engaged in or conspired to engage in a RICO enterprise that harmed plaintiffs and the class members."   RICO, which was created to fight organized crime rings, can be used in courts to file civil claims against potentially "corrupt" organizations.   AVN reported in November 2023 about Carey circulating an advertisement on social media networks, like X (formerly Twitter), fielding potential members for the class action. He used the banner "Save the Fans" and directed users to a website, since taken down, with a form so that disgruntled consumers could fill out their information and be considered part of the class.   Mike Stabile, Free Speech Coalition's director for public affairs, posted at the time for content creators to be alert to Carey's actions.   "[An] international law firm is shopping around a class action 'fraud' suit against OnlyFans creators with chat teams to get 'justice for all subscribers,'" commented Stabile at the time. "I can think of little as cynical—and can’t imagine the ways this will be weaponized by fans to extort and harass sex workers."    Carey's filing was also timed to be announced alongside a new investigation published by Reuters "uncovering" the chatters segment of the OnlyFans economic phenomenon.   The piece is titled "OnlyFans’ porn juggernaut fueled by a deception," and Carey is featured prominently in it.   It is worth noting that Reuters is a bit late to the game in reporting this story.   Other reports that have covered "chatters" and the rise of OnlyFans creator agencies include examinations in Wired, Vice News, The New York Times Magazine and Business Insider.