[HN Gopher] OnlyFans Paid Chatters Lawsuit
       ___________________________________________________________________
        
       OnlyFans Paid Chatters Lawsuit
        
       Author : harambae
       Score  : 38 points
       Date   : 2024-02-03 18:07 UTC (4 hours ago)
        
 (HTM) web link (www.savethefans.com)
 (TXT) w3m dump (www.savethefans.com)
        
       | magicalhippo wrote:
       | > Have you ever talked to an OnlyFans model? She's NOT talking to
       | you. It's a team of paid chatters she works with to defraud you.
       | 
       | Like duh.
       | 
       | Maybe it's just my IRC roots showing but why is this a surprise
       | to anyone?
        
         | vdaea wrote:
         | I get it, but "duh" is not a legal defense. If they are saying
         | they are talking to you but you are actually talking to some
         | guy in India, that seems very illegal.
        
           | sshine wrote:
           | What law is that?
        
         | mingus88 wrote:
         | Just because the fraud is obvious doesn't mean it's not fraud
        
           | bozhark wrote:
           | What's the fraud? Really?
        
             | pavel_lishin wrote:
             | If I'm paying to talk to Person X, but it's actually Person
             | Y pretending to be X, is that not outright fraud?
        
               | 0cf8612b2e1e wrote:
               | What is the difference between popular Instagram
               | accounts? Surely celebrities have media managers who
               | handle day to day fan communication.
        
               | jstarfish wrote:
               | People don't _pay_ to talk to media managers.
        
         | pyuser583 wrote:
         | There's a current scandal at a US university. The University
         | President and his wife had an OF account, and were producing
         | content as a passion project.
         | 
         | I don't know how common that is.
         | 
         | I expect the people trying to optimize profit are more common,
         | but also switch platform and genre a lot, according to where
         | the money is.
         | 
         | But OF is certainly trying to portray itself as a passion
         | project type place, however dishonest that may be.
        
       | lupire wrote:
       | They are seeking class representatives for a class action
       | lawsuit.
       | 
       | Or it's a honeypot scam. Class action lawsuits are always on
       | random websites with no security.
        
         | richardfey wrote:
         | The part about blackmailing sounds like hand-waving to me, I
         | also suspect that the whole thing is not genuine.
        
       | bdcravens wrote:
       | Isn't the implication here that they would be suing OnlyFans,
       | rather than the models? Unless OnlyFans is in on it, don't see
       | how that's doable.
        
       | retrac wrote:
       | Some more info about the lawsuit:
       | https://avn.com/business/articles/legal/attorney-wants-to-su...
       | (NSFW warning -- AVN is "Adult Video News")
       | 
       | It's an interesting legal thought experiment. Possible analogy:
       | if I claim that Celebrity Y is going to be at an event, and that
       | people who buy a backstage pass will get to briefly meet
       | Celebrity Y, but Celebrity Y is actually a Celebrity Y
       | impersonator, is that dishonest dealing? False advertising?
        
         | trhway wrote:
         | They do that with Putin. Works ok, even for the meetings with
         | the heads of other states (except for China or Turkey - these
         | guys get the real deal refusing to settle for the impersonator)
        
           | pavel_lishin wrote:
           | [citation needed]
        
           | jowea wrote:
           | I understand the logic of that claim for when he's supposedly
           | visiting occupied areas, but why do this when meeting another
           | head of state?
        
         | pavel_lishin wrote:
         | An example of that analogy:
         | https://www.theguardian.com/technology/2022/jun/24/doop-snog...
        
         | nemothekid wrote:
         | I think your example is quite clearly fraud; and I think you
         | would get a refund for that. I think the OnlyFans situation is
         | different. I might be wrong - but I don't think you actually
         | pay to message OF creators. I think messaging is free, and you
         | can be upsold through messaging. In that case I think it's like
         | I wrote a letter to the President or Justin Bieber and his
         | assistant wrote me a reply that was signed by him. I think this
         | is common enough already and the assistant has authorization to
         | write on his behalf. If I later buy Justin Bieber's new single
         | and then later found out Justin Bieber didn't personally read
         | my letter, is that fraud?
         | 
         | Furthermore I don't think you can buy time on these platform,
         | only videos. I may be able to see the case where a model said
         | give me $500 and you can call me on the phone, and then the
         | person who picked up worked in a call center - you were
         | directly scammed. But if someone you were messaging, then
         | upsold you a video of the original creator on a dildo - I don't
         | see how you can make the case that what you bought was
         | misrepresented.
        
         | smsm42 wrote:
         | Fake celebrity artifacts (like signatures, items, etc.) is a
         | known form of fraud, and AFAIK there were prosecutions on it.
         | I.e. if I sell you a book that is claimed to be signed by
         | celebrity, but in fact it's my own signature, I would
         | definitely be committing fraud. I think impersonations may be
         | argued the same, though proving material harm (beyond the cost
         | of the ticket) would be very hard, and unless the ticket is
         | _really_ expensive or you make it a class action, prosecuting
         | this will be financially infeasible. But if it 's done on scale
         | - then yes, as it looks there were successful class actions on
         | lesser grounds than this (not a lawyer and all that stuff, of
         | course, just thinking logically).
        
         | pyuser583 wrote:
         | Yeah.
         | 
         | There a new online service that lets you get autographed
         | content from celebrities. It shows the celebrities signing the
         | item, and that video is an important part of the service.
         | 
         | Celebrity economics are weird. But authenticity is an important
         | part.
        
       | throwawayfans wrote:
       | Throw away account for obvious reasons.
       | 
       | My wife and I run an onlyfans account, a manyvids account and a
       | few other related accounts. I can tell you from extensive
       | networking with other onlyfans creators the number of them using
       | chatters is pretty small, probably less than 1%. I personally
       | have never interacted with someone that uses them. I also run a
       | discord and telegram support server for creators so I interact
       | with a lot, but certainly have not made any kind of scientific
       | measure.
       | 
       | Some higher tier models use agencies to run their stuff and
       | that's usually where the chatters come into play.
       | 
       | The general consensus is to avoid agencies or managers for
       | obvious reasons.
       | 
       | While I personally think it's kind of shady, I very much doubt
       | it's illegal, but ianal. There is one fans platform that I know
       | of that has integrated AI chat bots so _shrug_
        
         | breakfastduck wrote:
         | > probably less than 1%
         | 
         | Probably a significant overlap with the 1% of the highest
         | earning creators though, I'd bet.
        
         | starkparker wrote:
         | > Some higher tier models use agencies to run their stuff and
         | that's usually where the chatters come into play.
         | 
         | If this suit is real then I think that's who it's targeting
         | anyway, since that's where the money is.
         | 
         | The whole thing seems spurred on by the WaPo article from
         | November about Bryce and Brian Adams, which opens with their
         | $120,000 driveway and piles on the mentions of how much money
         | they make from there.
         | https://www.washingtonpost.com/technology/interactive/2023/o...
         | 
         | > but ianal
         | 
         | Cheeky.
        
         | nickthegreek wrote:
         | My anecdotal evidence is the opposite. One couple I know, the
         | male does a lot of the botting for his partner. One of my aging
         | model friends switched from having an OF to running other
         | girls. 3rd model friend use to employ their friend to run
         | around 60% of their operation but the quality suffered a bit
         | and the lost a whale. I recently did a little demo for a friend
         | on how ChatGPT could be used to create Twitter copy for various
         | market types to push OF.
        
         | almatabata wrote:
         | > While I personally think it's kind of shady, I very much
         | doubt it's illegal, but ianal.
         | 
         | If they disclose that the fan interacts with a bot or a random
         | employee its probably legal. Its the fact that they are not
         | disclosing it that smells illegal to me. I do not know if its
         | closer to false advertising or to fraud.
        
         | redsoundbanner wrote:
         | > _I can tell you from extensive networking with other onlyfans
         | creators the number of them using chatters is pretty small,
         | probably less than 1%_
         | 
         | 1. Why would anybody believe you?
         | 
         | 2. Why would you believe other "creators"?
         | 
         | 3. What is the percentage of customers and/or revenue generated
         | by the 1% of "creators" using Chatters?
        
           | HeatrayEnjoyer wrote:
           | For #1 and #2, what reason is there to doubt them? I have a
           | couple of friends doing OF/SW and this isn't incongruent with
           | their experience or what gets discussed in the community. I
           | generally trust what people say in communities of people in
           | the same domain sphere (i.e. discussion on HN about which
           | software platforms are easier or harder to implement).
           | 
           | Most people don't subcontract their job either, even if it
           | could increase their overall income.
        
         | jokethrowaway wrote:
         | Plenty of average models use OF agencies. They're quite
         | prevalent! Maybe your circle is more random people hacking it
         | on their own and doing it as a side gig but they move little
         | money and little followers.
         | 
         | It's a simple model for agencies:
         | 
         | 1. Get broke girls to produce photos and videos
         | 
         | 2. Post some content to free account
         | 
         | 3. Post some more content to paid account
         | 
         | 4. Post some teasers on reddit nsfw subreddits
         | 
         | 5. Get 3rd worlders as chatters to upsell some of the content
         | 
         | 6. Ask girls for the occasional custom request
        
         | redder23 wrote:
         | I do NOT take your word for it, in fact, I am calling total BS
         | on your 1% number. You and the people you interacted with may
         | not do it, or tell you they don't, that does not prove any 1%
         | number whatsoever. It's a common practice, especially for the
         | immoral people who do OF to extract as much money from people
         | they detest as many vapid OF models do. And the higher their
         | earnings and chats go, the more they get overwhelmed by the
         | volumes of incoming messages, so if they have not done it
         | already they are more likely to get into paying chatters when
         | the demand raises.
         | 
         | I would never ever pay even 1 cent for any porn and I think
         | people who are doing this are sad and lonely and pathetic and
         | think they get anything from "chatting" with some OF girl. I
         | would feel so pathetic doing that, in fact to me, it would not
         | even matter that much if it's some guy in Bangladesh or the
         | real girl, it amounts to the same waste of money.
         | 
         | I support this effort anyway because it is legal fraud what
         | they are doing.
         | 
         | OF owner is a jew who donates to Israels effort to massacre
         | even more Palestinians, btw. What a shocker. It's like immoral
         | on multiple levels. Porn is not very healthy on its own but
         | what OF does is it fakes a social and emotional connection that
         | does not exist, that makes it 100x worse than just jerking off
         | to free porn, closing it and moving on with your day. OF is
         | immoral without chatters, they just make it worse.
         | 
         | Even if the percentage of people who do it be low, the really
         | hot, successful and popular girls are the ones that are taking
         | in the millions while the average girl on OF makes below $100 a
         | month I believe. So you need to look at the CONSUMER numbers,
         | not the creator numbers. The consumers are the ones being
         | defrauded by these high level girls that have millions of subs!
        
           | Uinchuling wrote:
           | >OF owner is a jew
           | 
           | This goes without saying in that industry
        
           | spillguard wrote:
           | This kind of low-quality flamebait truly has no place on
           | Hackernews
        
       | pierat wrote:
       | > We're investigating the OnlyFans industry and have found
       | widespread questionable practices that could put you at risk of
       | extortion, blackmail, or humiliation.
       | 
       | > We are working to get justice for all subscribers who have been
       | lied to and defrauded. Fill out the form below to learn more. All
       | information is kept strictly confidential.
       | 
       | GIVE US YOUR INFORMATION ABOUT YOUR ACTIVITIES ON A PORN SITE AND
       | WE PROMISES WE'LL DO ONLY GOOD THINGS WITH IT.
       | 
       | I mean, what kind of stupid do you all think we are?
        
         | bloopernova wrote:
         | I'm sure they've already gotten a _lot_ of responses. People
         | will be suckered by that little dangle of  "potential reward of
         | up to 20k dollars!"
        
         | smsm42 wrote:
         | They target the same people who paid good money to chat with
         | some poor guy in Bangladesh believing it's a gorgeous woman, so
         | you tell me how gullible they expect their target audience to
         | be.
        
         | redder23 wrote:
         | These are lawyers who found a cause, they get their cut if they
         | win the case, they see that there is a change of getting
         | settlements from high tier girls and agencies for this. It's
         | pretty obvious what going on.
         | 
         | Why would I expect anything shady, and what would they have to
         | gain or sell from people porn activities? Every other website
         | with a bit of tracking cookies/fingerprinting knows more about
         | your porn use that you could every tell a bunch of lawyers on
         | your own. You make zero sense and think you are smart. That is
         | hilarious.
        
       | cheriot wrote:
       | "I'm paying to be deceived, but not like that!"
       | 
       | - Robert B. Carey probably
       | 
       | This is like getting mad that the Ariel you met in Orlando wasn't
       | the same mermaid as the movie. It's an entertainment business;
       | you're talking to a performer.
        
       | beau_g wrote:
       | Is there a precedent that suggests there must be a reasonable
       | expectation that if you are contacting someone over the internet
       | or phone and giving them money, that person has some duty to
       | ensure their internet/TV/professional/social media etc. persona
       | is the person on the other end of the line? I'm sure many have
       | experienced calling phone support for a product you subscribe
       | for, the associate is "Brian from Wisconsin" but clearly someone
       | in another country. Bit different case as you were not calling
       | "Brian" specifically, but still someone that you are ostensibly
       | paying pretending to be someone else. There were also countless
       | fortune telling/psychic phone lines were clearly Miss Cleo et al.
       | were not fielding the calls, these businesses ran into other
       | legal troubles but was having people essentially play their
       | character on the other end of the line one of them? I assume on
       | Onlyfans creators can assumed to be "characters" to some degree,
       | don't most go by pseudonyms to begin with?
        
       | ilaksh wrote:
       | It's interesting to think about how this situation will evolve as
       | "AI girlfriend" software (and underlying ML models) improves.
       | Perhaps along with next generation consumer hardware.
       | 
       | If there is a good chance that any popular "online personality"
       | of that sort will be an AI, then I might as well skip a step and
       | just install my "girlfriend" locally.
       | 
       | Also, systems like Stable Diffusion or other similar models like
       | instant-id can generate imagery of any "personality" for any
       | desired situation at will. I think personalities will have
       | trouble suing everyone who is doing that on their own computer.
       | Or ever knowing how many are doing it.
       | 
       | I think there are actually already somewhat convincing versions
       | of this. At least on a surface level. (Sometimes I suspect that
       | r/localllama could be called r/localwaifu and it would be mostly
       | accurate). Just haven't investigated thoroughly. Could be an
       | interesting weekend project.
       | 
       | I was doing an interview for a project where someone wanted to
       | build a more "empathetic" AI. Not necessarily a girlfriend, maybe
       | more useful (but perhaps not necessarily not a girlfriend). He
       | had someone from BlackRock on the call with him. Which I think
       | was just his buddy from college and that was a coincidence.
       | Probably. But it's hard not to think that sort of thing as being
       | a profitable investment.
        
       ___________________________________________________________________
       (page generated 2024-02-03 23:01 UTC)