June 14 (Reuters) - Eleven people who allege videos or
images of their sexual abuse as minors were uploaded to PornHub
have filed lawsuits in California federal court against the
company, Visa and two hedge funds over claims they knowingly
profited from the content, court records show.
The lawsuits, all but one of which were filed over the past
week, are the latest salvo in ongoing litigation in several
courts around the country accusing PornHub and its parent
company MindGeek of profiting from child sexual abuse material,
or CSAM.
The individual lawsuits, which follow two class actions
against MindGeek filed in 2021 on behalf of minors that are
pending in federal courts in Alabama and California, include
Visa and the hedge funds as defendants and contain more
allegations than the class actions.
Filed in the Central District of California, the individual
lawsuits accuse Visa of facilitating MindGeek's monetization of
the content by processing MindGeek's charges for advertising
next to the content and its traffic. They also claim that hedge
funds Redwood Capital Management and Colbeck Capital Management
provided hundreds of millions in financial backing to MindGeek,
knowing that part of its business model would be to profit from
CSAM.
A spokesperson for MindGeek, which is now known as Aylo
Holdings, declined to comment on pending litigation and said the
company looks "forward to the facts being fully and fairly
aired" in court.
The spokesperson said it has robust content moderation to
"mitigate the ability of bad actors to abuse our platform and
post unwanted material."
Representatives for Visa, Redwood and Colbeck did not
immediately respond to requests for comment. Lauren Tabaksblat
of Brown Rudnick, who filed the lawsuits on behalf of the
individuals, did not immediately respond to a request for
comment.
The class actions came two months after a New York Times
article highlighted the proliferation of CSAM on Pornhub.
MindGeek has responded to the class actions in court,
arguing that it can't be held liable for the actions of its
users.
The judges overseeing those cases allowed them to move
forward as class actions late last year.
The individuals, who have opted out of the class actions to
bring their claims, accuse MindGeek of helping its users get
more views for their content by coaching them on how to promote
it on PornHub and doing little to find and stop CSAM content
from being shared on its websites.
Visa and the hedge funds did extensive research before
choosing to work with PornHub, so they were aware of what was
happening, the lawsuits claim.
The lawsuits seek damages and restitution for any money
MindGeek made off of the individual's videos. They also seek
injunctions directing MindGeek to delete any content where it
has not verified the ages and consent of the participants.
For the plaintiffs: Lauren Tabaksblat and Michael Bowe of
Brown Rudnick, David Stein of Olson Stein
For MindGeek: Michael Zeller, Michael Williams and Diane
Cafferata of Quinn Emanuel Urquhart & Sullivan