Appellate Ruling Clears Way in Epic's Suit Against FriendFinder

SAN JOSE, Calif. — A California appeals court on Monday ruled that FriendFinder Network can't compel Epic Cash to arbitrate its claims over litigation involving Zango’s pop-up advertising.

Monday's decision stems from a long-running suit over Internet marketing and the alleged conversion of traffic.

FriendFinder's AdultFriendFinder division, a competitor of Epic Cash’s EpicCams.com website, is accused of having used Zango’s services to have diverted traffic away from Epic Cash sites and converted Epic's business to its benefit.

Epic alleges that Zango had caused advertisements to appear when users attempted to access Epic's websites. The pop-up ads blocked the content on Epic's websites and promoted Zango's services, the suit said.

The suit, filed at Santa Clara Superior Court, moved on to the California Court of Appeals after FriendFinder appealed the lower court's decision denying its petition to force Epic Cash in arbitration because FriendFinder had affiliate deals with both Epic and Zango.

But on Monday the appeals court rejected FriendFinder's appeal, ruling the affiliate agreements forcing arbitration were outside the scope of arbitration causes.

"[B]ecause Epic's lawsuit was against not just Friendfinder but also [Zango], which was not a party to an arbitration agreement with Epic, and there was a risk of conflicting findings if Epic's lawsuit against that defendant proceeded in court while the Epic/FriendFinder dispute was arbitrated, the superior court had discretion to refuse to enforce the arbitration agreement," the court said in its decision.

Gary Kaufman of Los Angeles-based Kaufman Law Group, which represents Epic, said that Monday's ruling clears the way for the case to proceed in front of jurors.

“This is a big day for Epic Cash," Kaufman told XBIZ. "The court of appeal agreed with both Epic Cash and the superior court that this matter did not belong in arbitration. This now clears the way for Epic Cash to vindicate its claims before a jury and receive compensation for Zango and AdultFriendFinder’s wrongful acts.”

Epic Cash has asked for $750,000 in damages in the case filed at Santa Clara Superior Court.

FriendFinder officials did not immediately respond for comment on the suit.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

AEBN Publishes Popular Searches for November, December

AEBN has released the top search terms for the months of November and December from its straight and gay theaters in all 50 states and the District of Columbia.

Professor Fired Over Adult Content Sues U Wisconsin

Veteran communications professor Joe Gow this week filed a civil lawsuit against the University of Wisconsin board of regents for violating his First Amendment rights by firing him for creating and appearing in adult content.

Teasy Agency Launches 'WannaCollab' Networking Platform

Teasy Agency launched a new networking platform, WannaCollab, at the X3 Expo earlier this month.

Ofcom to Hold Online Sessions on OSA Compliance

U.K. communications regulator Ofcom will hold an online conference Feb. 3-5, titled “The Online Safety Act Explained: How to Comply,” explaining new duties and deadlines required of adult businesses to implement age assurance under the Online Safety Act (OSA).

FSC Announces Support for North Dakota Age Verification Bill

Free Speech Coalition (FSC) has announced its support for SB 2380, North Dakota's new age verification bill.

Oklahoma State Senator Introduces Bill to Criminalize All Porn, Jail Creators

Oklahoma Senator Dusty Deevers has introduced a bill that would criminalize all adult content and authorize the state to imprison those who create or view it.

Adult Time Releases 2024 'Year in Review' Report

Adult Time has released its Year in Review report, highlighting the studio's audience favorites from throughout 2024.

AEBN Reveals Ariel Demure as Top Trans Star for Q4 of 2024

AEBN has named its top trans stars for the fourth quarter of 2024, with Ariel Demure landing atop the leaderboard.

WOWify.AI Joins ASACP as Corporate Sponsor

WOWify.AI has signed on as the latest corporate sponsor for the Association of Sites Advocating Child Protection (ASACP).

Segpay Adds Gateway Payment Solution

Segpay has added the Gateway option to its direct payments solutions.

Show More