Frequently Asked Questions
- What is this Notice about?
- What is a class action and who is involved?
- Why is this lawsuit a class action?
- What is this lawsuit about?
- Has the Court decided who is right?
- What is Plaintiff asking for?
- Is there any money or benefits available now?
- Am I part of the class?
- What websites did the Defendants own or operate?
- What if I am still not sure if I am included?
- What happens if I do nothing at all?
- Why would I ask to be excluded?
- How do I ask the Court to exclude me from the class?
- Do I have a lawyer in this case?
- Should I get my own lawyer?
- How will the lawyers be paid?
- How and when will the Court decide who is right?
- Do I have to attend the trial?
- Will I get money after the trial?
- How do I get more information?
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What is this Notice about?
The Notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you if you were under the age of 18 when you appeared in a video or image that has been made available for viewing on any website owned or operated by Defendants from February 12, 2011, through the present. You have legal rights and options that you may exercise before the Court holds a trial, which may be as early as July 2024. The trial will decide whether the legal claims being made against Defendants, on your behalf, are correct.
Judge L. Scott Coogler of the United States District Court for the Northern District of Alabama is overseeing this class action. The lawsuit is known as Doe #1 v. MG Freesites LTD et al., Case No. 7:21-cv-00220-LSC.
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What is a class action and who is involved?
In a class action lawsuit, a court appoints one or more people or entities to be the “plaintiff” to sue on behalf of other people who have similar legal claims. If the court allows the lawsuit to proceed as a class action, the court appoints the plaintiff as the “class representative.” The plaintiff—and all the class members like them—are called the plaintiff. The companies and people they sued are called the defendants. One court resolves the issues for everyone in the class—except for those people who choose to exclude themselves from the class. In this lawsuit, Jane Doe is the Plaintiff and class representative.
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Why is the lawsuit a class action?
The Court decided this lawsuit can be a class action and move towards a trial.
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What is this lawsuit about?
The lawsuit claims that Defendants knew or should have known that they systematically benefited from the possession and distribution of child sex abuse material (“CSAM”) on its pornography websites, in violation of the Trafficking Victims Protection Reauthorization Act (“TVPRA”), 18 U.S.C. §§ 1591 and 1595 (Count I). The lawsuit also alleges Defendants received and distributed child pornography in violation of 18 U.S.C. §§ 2252 and 2252A (Count II).
Defendants are a group of privately held companies that operate many of the most popular pornographic websites, including Pornhub, Redtube, YouPorn, and others. Their flagship video sharing platform is Pornhub. Created in 2007, Pornhub is a leading free, ad-supported, adult content hosting and streaming website.
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Has the Court decided who is right?
The Court has not decided whether Plaintiff or Defendants are right. By establishing the class and providing the Notice, the Court has not decided is not suggesting that Plaintiff will win or lose this case. The parties have a chance to prove or disprove their legal claims and/or defenses. Plaintiff must prove their legal claims at the trial which may be scheduled as early as July 2024 (see FAQ 17 below).
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What is Plaintiff asking for?
Plaintiff is asking for money for the class members for Defendants’ alleged wrongdoings. Plaintiff is also asking for injunctive or equitable relief (a legal term that means Plaintiff is asking Defendants to stop doing the alleged wrongdoings) as decided by the Court, and attorneys’ fees and costs for Class Counsel.
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Is there any money or benefits available now?
No money or benefits are available now. The Court has not decided whether Defendants did anything wrong, and Plaintiff and Defendants have not settled the lawsuit. There is no guarantee money or benefits will be obtained in the future. You will be notified if money or benefits become available.
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Am I part of the class?
You are a class member if you meet the following definition defined by the Court.
Class: All persons who were under the age of 18 when they appeared in a video or image that has been made available for viewing on any website owned or operated by Defendants anytime from February 12, 2011, through the present.
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What websites did the Defendants own or operate?
The websites that Defendant owned or operated include the following, as well as other Mindgeek operated websites:
- Pornhub.com
- Pornhubpremium.com
- Redtube.com
- Redtubepremium.com
- YouPorn.com
- YouPornpremium.com
- Tube8.com
- Mofosex.com
- ExtremeTube.com
- Spankwire.com
- Keezmovies.com
- Thumbzilla.com
- Xtube.com
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What if I am still not sure if I am included?
If you are still not sure whether you are included in the class, you can get free help by calling or writing to the lawyers in this case, at the phone number or address listed in FAQ 14 below.
Your Rights and Options
You must decide whether to stay in the class or ask to be excluded (and keep your right to sue Defendants in your own separate lawsuit).
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What happens if I do nothing at all?
You do not have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit in the future. By doing nothing you are staying in the class and if Plaintiff obtains money or benefits in the future, you will be notified about how to get your share. If you do nothing now, you will not be able to sue, or continue to sue Defendants as part of any other lawsuit about the same legal claims in this lawsuit. You will also be legally bound by the orders and judgments by the Court overseeing this case.
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Why would I ask to be excluded?
If you want to sue Defendants on your own regarding the same legal claims in this lawsuit, or already have your own lawsuit against Defendants regarding the same legal claims in this lawsuit and you want to continue with it, you need to ask to be excluded from the class. If you exclude or remove yourself from the class— sometimes called “opting out” of the class— you will not get any money or benefits from this lawsuit even if Plaintiff wins at trial or there is a settlement. However, you may be able to sue or continue to sue Defendants on your own. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action lawsuit.
If you start your own lawsuit or continue with an existing lawsuit against Defendants regarding the same legal claims in this lawsuit after you exclude yourself, you will have to hire your own lawyer(s) for that lawsuit, and you will have to prove your legal claims. If you do exclude yourself so you can start or continue your own lawsuit against Defendants, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations, meaning that you may face a deadline after which you cannot sue.
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How do I ask the Court to exclude me from the class?
To exclude yourself from the class, you must submit a Request for Exclusion From Class (“Opt-Out”) Form stating that you want to be excluded from Doe #1 v. MG Freesites LTD et al., Case No. 7:21-cv-00220-LSC. The exclusion request must include your name, address, telephone number, email, and signature. If you are the parent or guardian of a minor Class Member, the exclusion request must include both your name and the minor Class Member’s name. A copy of the Exclusion Form can be found here. Exclusion requests must be filed online, emailed to info@VictimImageLawsuit.com, or mailed, postmarked by December 6, 2024, to the following address:
MindGeek Class Action Administration
Exclusion Requests
P.O. Box 3715
Portland, OR 97208-3715IF YOU DO NOT EXCLUDE YOURSELF BY DECEMBER 6, 2024, YOU WILL REMAIN PART OF THE CLASS AND BE BOUND BY THE ORDERS OF THE COURT IN THIS LAWSUIT.
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Do I have a lawyer in this case?
Yes. The Court appointed the below law firms as “Class Counsel.” They are experienced in handling similar class action cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Gregory Zarzaur (ASB-0759-E45Z)
THE ZARZAUR LAW FIRM
2332 Second Avenue North
Birmingham, AL 35203
T: (205) 983-7985
E: gregory@zarzaur.comKimberly Lambert Adams
LEVIN PAPANTONIO
316 South Baylen Street, Suite 600
Pensacola, FL 32502
T: (850) 435-7056
E: kadams@levinlaw.comJoshua P. Hayes
PRINCE GLOVER HAYES
701 Rice Mine Road
Tuscaloosa, AL 35406
T: (205) 345-1234
E: jhayes@princelaw.net -
Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, if you want your own lawyer, you can hire one at your own expense. For example, you can ask them to appear in Court for you if you want someone other than Class Counsel to speak for you.
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How will the lawyers be paid?
If Class Counsel gets money or benefits for the class, they may ask the Court for an award of attorneys’ fees and expenses. You will not have to personally pay these attorneys’ fees and expenses. If the Court grants Class Counsels’ request, the attorneys’ fees and expenses will either be deducted from any money obtained for the class or paid separately by Defendants.
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How and when will the Court decide who is right?
Class Counsel will have to prove Plaintiff’s claims at a trial. The trial has not been scheduled. During the trial, a jury and the Judge will hear all of the evidence to help them reach a decision about whether Plaintiff or Defendants are right about the legal claims in the lawsuit. There is no guarantee that Plaintiff will win, or that they will get any money for the class.
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Do I have to attend the trial?
No. You do not need to attend the trial. Class Counsel will present the case for Plaintiff and the class, and lawyers for the Defendants will present on their behalf. You or your own lawyer may attend at your own expense.
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Will I get money after the trial?
If Plaintiff obtains money or benefits as a result of the lawsuit, if you received notice via mail or email and you remain in the class, you will be notified about how to participate if you received notice via mail or email and you remain in the class. It is unknown how long this will take.
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How do I get more information?
The Notice contains a summary of the lawsuit and the proceedings. You can get additional information on this website or by contacting the Administrator. You can also call Class Counsel at 1-866-389-3473 1-866-389-3473 or email them at imagelawsuitinfo@levinlaw.com.
Please do not contact the Court regarding the Notice.
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