Anyone who appeared in videos or images taken when they were under 18 years old that were available on Pornhub or other websites run by Aylo, its parent company, from Feb. 12, 2011 through Tuesday can join the class action lawsuit, ruled Chief U.S. District Court Judge L. Scott Coogler in Tuscaloosa.
Aylo, formerly known as Mindgeek, said it would not comment on the ruling “out of respect for the integrity of court proceedings.
“We look forward to the facts being fully and fairly aired in that forum,” the company told AL.com.
The woman, only identified in the lawsuit as Jane Doe, was 16 years old when she was drugged and raped in 2018 by a Tuscaloosa man who uploaded video of the sexual assault to PornHub.
Coogler noted in his ruling that the woman’s abuser was convicted.
The lawsuit was also brought by a California victim whose abuse was uploaded to Pornhub.
The victims contend Pornhub violated a number of laws, including the Trafficking Victims Protection Reauthorization Act , which allows victims to sue entities in civil court who benefit from “a venture that it should have known was engaged in a violation, including that an act involving a child 18 years of age or under constitutes a violation,” according to their complaint.
Lawyers for the plaintiffs claim Pornhub did not make an effort to check whether the Alabama victim was a minor or victim of rape or sex trafficking.
They applauded Coogler’s decision on Tuesday to allow the class action case to move forward.
“We’re gratified that the court has certified this class of victim-survivors and look forward to holding Pornhub and its related companies accountable for their actions,” said Josh Hayes, partner at Prince Glover Hayes, who represents the Alabama victim, in a statement. “This is a team effort and we’re grateful to all of the firms who are partnering with us to represent Jane Doe and the other survivors. Jane Doe’s courage in representing the class ‘helps more vulnerable [child] victims come forward with their claims and potentially receive relief than might otherwise come forward individually.’”
The lawsuit is the second in the country to be certified as a class action against Pornhub’s parent company.
