OnlyFans faces class action lawsuit for ‘bait-and-switch’ tactics

OnlyFans is currently under legal scrutiny due to a recent class-action lawsuit filed in California alleging that the platform engages in deceptive practices, misleading customers about the content they’re actually paying for. The lawsuit, initiated on January 26, asserts that OnlyFans advertises paid subscriptions as providing “full access” to creators’ content, while in reality, much of that content remains behind additional paywalls. When users subscribe to a paid account, they are presented with a pop-up promising “full access to this user’s content” and the ability to directly message the creator. However, according to the complaint, these representations do not align with the actual experience many subscribers encounter after making a payment.

The lawsuit claims that numerous fans have purchased subscriptions only to realize that creators’ exclusive content remains out of reach behind OnlyFans’ paywalls. Instead of gaining access to the promised content, subscribers are often met with teaser posts and persistent requests to pay extra to unlock the material they believed they had already paid for. In some instances, subscribers might only receive mass direct messages promoting additional paid content, leading to a feeling of being deceived.

Describing the situation, the complaint states that OnlyFans offers a buffet but ultimately delivers only a menu, suggesting that the platform’s marketing is misleading and misrepresents the actual content accessible to subscribers. The lawsuit includes more than 100 class members and asserts violations of California’s Consumers’ Legal Remedies Act, which prohibits deceptive business practices and false advertising, as well as Section 5 of the Federal Trade Commission Act.

One of the plaintiffs, David Gardner from Los Angeles, recounts subscribing to two creators on OnlyFans only to encounter non-explicit teaser content and continuous upsell messages. Gardner expressed a desire to subscribe to creators in the future but mentioned a lack of trust in OnlyFans’ representations when deciding whether to do so. Furthermore, a separate class action in New York, spearheaded by Greenbaum Olbrantz LLP, is currently underway, investigating whether OnlyFans misrepresented subscription offerings and infringed on consumer-protection laws.

The New York investigation focuses on subscribers who paid monthly fees ranging from $4.99 to $19.99 but later canceled due to discrepancies between the advertised content and the actual content received. Greenbaum Olbrantz LLP is evaluating whether these practices contravene laws governing recurring billing and digital subscriptions, including the FTC’s Negative Option Rule and the Restore Online Shoppers’ Confidence Act. The law firm has a history of handling consumer cases, including suits against major airlines over misleading sales tactics. In the case of OnlyFans, Greenbaum Olbrantz LLP is currently collecting accounts from affected subscribers to determine eligibility for the New York-based class action.