OnlyFans class action lawsuit alleges subscriptions auto-renew, are difficult to cancel

OnlyFans lawsuit overview:

• Who: Two John Does filed a class action lawsuit against Fenix Internet LLC.
• Why: Fenix allegedly enrolls consumers in automatically renewing OnlyFans subscriptions without their consent and makes it difficult to cancel them.
• Where: The OnlyFans lawsuit was filed in California superior court.

Fenix Internet LLC is facing a class action lawsuit alleging it engages in an unlawful OnlyFans auto-renew subscription scheme that is difficult for consumers to cancel.

Plaintiffs John Doe 1 and John Doe 2 filed the OnlyFans lawsuit March 31 in California superior court.

When consumers sign up for an OnlyFans account and follow paid-for OnlyFans creator content, Fenix enrolls them in a monthly auto-renewal program ranging from $1.99 to $49.99 per month, the OnlyFans lawsuit says.

These subscription fees are automatically charged to the consumer’s credit card, debit card or third-party payment account until the customer cancels their subscription, the plaintiffs say.

To enroll in an OnlyFans subscription, consumers must provide their billing information.

“Then, because defendant possesses consumer billing information, defendant unilaterally and automatically charges consumer billing information for the OnlyFans subscription as payments become due,” the OnlyFans auto-renew class action lawsuit states.

OnlyFans lawsuit says Fenix did not obtain consent for automatic subscription renewals

The plaintiffs argue Fenix fails to provide information about the OnlyFans auto-renew subscription in a clear and conspicuous manner and that consumers do not provide affirmative consent to an automatically renewing subscription before they are charged as required by California’s Automatic Renewal Law.

Fenxi also makes it difficult to cancel the OnlyFan auto-renew subscription. There is no one-step “prominently located” button or link to cancel the subscription, according to the OnlyFans lawsuit. 

“Instead, the OnlyFans Subscription cancellation process is a multi-step and counter-intuitive procedure that results in additional, unwanted, and unauthorized charges to consumers’ Billing Information by [Fenix],” the class action states.

The plaintiffs each state they made an initial purchase to access certain OnlyFans content, but were not informed that they would be enrolled in an OnlyFans auto-renew subscription. They believed their initial purchase was a single transaction and would not automatically renew, the OnlyFans lawsuit alleges.

The plaintiffs say they would not have purchased an OnlyFans subscription if they had been provided with the pre- and post-purchase disclosures as required by California’s Automatic Renewal Law.

The OnlyFans auto-renew class action lawsuit asserts claims for violations of California’s Unfair Competition Law, Consumer Legal Remedies Act, False Advertising Law, as well as for conversion and unjust enrichment.

A group of adult film stars are pursuing an OnlyFans lawsuit alleging Meta and OnlyFans conspired to reduce their visibility on Facebook and Instagram.

Were you enrolled in an OnlyFans auto-renew subscription without your consent? Tell us about your experience in the comments!

The plaintiffs are represented by Caleb Marker, Hart L. Robinovitch and Zachary J. Freese of Zimmerman Reed LLP.

The OnlyFans auto-renew class action lawsuit is John Doe 1, et al. v. Fenix Internet LLC, Case No. 2:23-cv-03005, in the Superior Court of the State of California, County of Los Angeles.

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