The lawsuit filed by M. Brunner and J. Fry from Illinois is directed at the parent companies of OnlyFans, Fenix Internet LLC and Fenix International Limited.
The complaint claims that the platform allows fraud to take place on its site because models can use third-party services to talk to their subscribers by “impersonating” them.
Both Brunner and Fry say they would not have paid money or subscribed to models if they knew they weren’t talking with the real model.
“Over time, Plaintiff Fry began to become suspicious of who he was actually communicating with when purportedly exchanging DMs with Creators, as messages he received contained contradicting information or errors,” the complaint read, according to The Independent.
“By exercising its discretion to enrich itself while participating in the deception of its customers, OnlyFans consciously and deliberately frustrates the agreed common purposes of the contract and disappoints the reasonable expectations of Plaintiffs and Class Members, thereby depriving them of the benefit of their bargain,” it stated.
Last year, an OnlyFans spokesperson told Cosmopolitan: “Any third party that a creator elects to work with does not work on behalf of OnlyFans and is not affiliated with the company in any way.
“Creators may choose to work with a wide range of third parties, including photographers, videographers, talent managers and agencies, to curate and monetise their content.”