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 © 2024 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

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Fleshy to Launch Interactive Cam Site 'Eromote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eromote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Pre-Nominations Now Open for 2025 TEAs

The pre-nomination period for the 2025 Trans Erotica Awards (TEAs) is now open.

Show More