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Has anyone every launched legal action against a hosting site?

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milfymouth

Inactive Cam Model
Nov 10, 2015
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uk
After looking at some of the signup conditions of Streamate and Live Jasmin, my friend and I were discussing how tight the contracts were. Has anyone or any group every sued a hosting site? I am not asking for any reason other than curiosity. Companies like SM and MFC have been around for a good while, but I have never heard about anyone legislating against them. Does any one know?
 
There's currently a class action suit against SM from NJ sex workers.

 
Was this from when streamate.com made all models in ca go to employees? Did they do that to nj models as well. Or are they saying we should all be employees and paid for free chat . I'm confused
 
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Same as above . I’m wondering if there was some specific labor law in NJ that got broken?

Or what, specifically, this came from? I know that if you are categorizing workers as independent contractors and not paying them by the hour, you need to be very careful about what you “tell” them “to do” and “not do”. Because there are boundaries there, that you should not as a company, be telling people to do certain things, when you are not their employer. I hope that makes sense.

I know there have been a few support people, on certain sites, that I’ve had to explain that to personally. Because they have crossed lines and tried to act as if they are my employer, when they are not. And say things they do not have a right to say, or instruct me to do things that they do not have a right to instruct me to do.

Usually in that case, it’s been one rogue worker being a douche, or power tripping, because they hate their job and look down on me. So I wouldn’t take that out on the whole company. But I would lodge a complaint with the company about that worker, and ask that they got additional training, regarding their specific role.

So I wonder if it has something to do with some kind of situation like that? Or if it is more to do with some kind of specific law in New Jersey that got broken or some thing by an SM policy? I’d love to know the details of this case beyond just generalities.
 
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I looked up this case when a crazy new member started spamming on this forum (eventually banned) I reseached what I thought was their case out of curiosity.

only thing I could find

the thread on here which the banned member claimed was the case agasint Chaturbate.

People are so sue happy. I get it, and companies do need to be held accountable, as well as individuals. But I really do think it gets taken to some crazy extremes here in the US.
Who really gets hurt when a small group of people or one individual, sues a company for extremely large amounts? Everyone else in that company. That's my view. Accountability is important too though, so it's a fine line. But some of the cases and settlements I read, are just so extreme and crazy imho.
(not a comment to this specific case, just a general comment about culture)
 
Was this from when streamate.com made all models in ca go to employees? Did they do that to nj models as well. Or are they saying we should all be employees and paid for free chat . I'm confused
I've been seeing this thread reposted around Twitter lately:




maybe this has more insight for those interested in the case
 
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yeah... Camsites are in a unique positon among gig economy companies, even when users have negative experinces they tend to keep quiet and walk away out of fear of publicity, those with resources to bring cases would probably avoid the stigma of using such compnaies and naturally like all gig economy companies they hold gun to the models head and are ban happy.
If you think of Uber globally there are lots of cases by workes, users etc the same with food delivery companies no one is ashamed of using ther services, unfortunately the stigma surrounding camsites is still prevelant.
 
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yeah... Camsites are in a unique positon among gig economy companies, even when users have negative experinces they tend to keep quiet and walk away out of fear of publicity, those with resources to bring cases would probably avoid the stigma of using such compnaies and naturally like all gig economy companies they hold gun to the models head and are ban happy.
If you think of Uber globally there are lots of cases by workes, users etc the same with food delivery companies no one is ashamed of using ther services, unfortunately the stigma surrounding camsites is still prevelant.
I find it really hard to compare cam sites to Uber, in the general scope of services offered. Driving a car and physically presenting yourself as a driver vs. sitting in your bedroom and turning on/off your webcam at will seem vastly different.

I hesitate to use the term gig worker for a cam model.
 
I find it really hard to compare cam sites to Uber, in the general scope of services offered. Driving a car and physically presenting yourself as a driver vs. sitting in your bedroom and turning on/off your webcam at will seem vastly different.

I hesitate to use the term gig worker for a cam model.
yes I'll always defer to an actual model on these issues.
 
I don't know how they expect to win the case also the example they are going with...

"For a two-week period in January, Tomasello worked 7.1 hours but was only paid for 5.4 hours. This excludes the time spent working in the free chat section, the suit said."

Really!? and the lawsuit is that shes not an indepenent contractor but an employee?
 
Really!? and the lawsuit is that shes not an indepenent contractor but an employee?
Yes, this is why I was wondering if there was some specific labor law in NJ that pertains to classifying people as employees vs independent contractors (that this whole thing perhaps hinges on), because that didn’t make a ton of sense to me either.
 
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NJ has some weird legal stuff.

I don’t really know or understand much about all this. I do know @pornlaw on twitter is a good acct to follow if you’re interested in adult legal subjects he posts a lot and usually responds to questions
 
Since this is USA based, isnt the sites % 65 and not 70?
In addition, customers can compensate performers with tips, which are called “gold” on Streamate, but the defendants keep 70% of tips, the suit claims.
 
This seems like a slippery slope. An employer can decide your schedule and as an IC I never ever want that to happen. In fact I started camming to get out of that whole scenario -- being told when to show up, how to show up, and the reprimands that went with going against corporate culture.
 
This seems like a slippery slope. An employer can decide your schedule and as an IC I never ever want that to happen. In fact I started camming to get out of that whole scenario -- being told when to show up, how to show up, and the reprimands that went with going against corporate culture.
Yeah I don’t ever want to be an employee of a cam or content site. I won’t trade minimum wage for all the freedoms I have as an IC that allow me to earn much more by creating my own boundaries and schedule.
 
Yeah I don’t ever want to be an employee of a cam or content site. I won’t trade minimum wage for all the freedoms I have as an IC that allow me to earn much more by creating my own boundaries and schedule.

It terrifies me to my very core. This is much different than trying to unionize a strip club and I don't think they really understand what the ramifications are and what's really at stake.
 
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Yeah I don’t ever want to be an employee of a cam or content site. I won’t trade minimum wage for all the freedoms I have as an IC that allow me to earn much more by creating my own boundaries and schedule.
I guess never mind the fact that I am an employee of my own corporation lol
 
Sooo

I did find out recently that as independent contractors we are all subject to more scrutiny from banks for fraud. Like we trip their loss prevention stuff easier. (Source: loss prevention analyst who works in banks, worked for chase)

And then when they look closer they see we are a sex work acct they close our accounts.

So … that may be one benefit to being an employee vs a contractor.
 
Sooo

I did find out recently that as independent contractors we are all subject to more scrutiny from banks for fraud. Like we trip their loss prevention stuff easier. (Source: loss prevention analyst who works in banks, worked for chase)

And then when they look closer they see we are a sex work acct they close our accounts.

So … that may be one benefit to being an employee vs a contractor.
I have several bank accounts and so far have not been discriminated against, but I do know it happens. I never take direct payments or cashapp, always go through legit sites with payroll payments.

I would totally get a vanilla job though if forced to be an employee.
 
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I have several bank accounts and so far have not been discriminated against, but I do know it happens. I never take direct payments or cashapp, always go through legit sites with payroll payments.

I would totally get a vanilla job though if forced to be an employee.
Yeah so what I was told was that.. basically - The banks know that we're doing sex work. They obviously know where the $$$ comes from. But they sorta just let it fly under the radar - unless you ping their early warnings systems. They allow this because obviously if chase bank decided to close all the accounts of EVERY onlyfans model say - they'd lose so much money. They're not stupid about that.

But because of all the reasons we know banks discriminate against us, when we DO flag in their systems - we get our accounts shut down at a much higher rate than someone who is not a sex worker who may flag in their system. This is sometimes due to an individual human that has bias, OR it can be because of a banks policies on paper - chase for example explicitly forbids this.

So my point with this is:
1) Independent contractors of ALL types are more likely to flag banks early warnings systems and come under scrutiny.
2) IF a person is being investigated due to the early warnings systems, and they are a sex worker they are FAR more likely to lose their account than any other type of independent contractor.


So if being an independent contractor puts us at risk of scrutiny from the banks and when we are scrutinized it puts our bank accounts at more risk.. then thats possibly an argument for why it might be better to be an employee.

I'm farrrr from an expert on this - its all very much new to me and I've just been deep diving on this subject for the last few months for a research project and its all swimming around in my head lol.

Interestingly I did some research on NZ banking rules recently because NZ is one of the only countries with *close* to full decrim of sex work, and has been that way for 20 years. (Some people say full decrim, some say its not because you cannot get say - a migrant work visa for sex work)

NZ basically is one of the more progressive countries with its attitudes to sex work. And i was surprised to find, that banks in NZ are almost all discriminatory too. by the laws there they can't discriminate based on someone's JOB but they CAN refuse to lend or offer services to certain industries and sex industries are usually included in this.

But anyway that's not exactly relevant to the original topic, or anything to do with independent contractors. I digress..sorry!


**Editing to add - I'm not really sure if I'm in favor of being an employee vs an independent contractor at all, I feel like I don't know enough. I just sorta thought it was an interesting point because up until I interviewed this guy, I didn't realize that banks would look closer in general at independent contractors.

If anyone is interested about the topic of de-banking and financial discrimination the FSC report is really digestible and interesting (sobering) read

 
Thanks everyone - this is incredibly helpful. Since I started looking. I found some interesting stuff. A politician in Colombia successfully used the legislation of the country to improve working conditions in studios. Even though it was proved that studios were breaking the law, it got shelved. Obviously, this is a labour issue, but is it an issue that can be dealt with at the state level? I am not so sure. I am also not sure that classifying as employees is a positive step. Could this result in a minimum wage situation with some type of commission? Not sure at all that this is a positive step. Seems like it has taken a very long time for a lawyer to get involved! Like 25 years
 
Ok so...MFC and other camsites are global.
Which means that it just wouldn't be in their interests to have employees worldwide...what a nightmare of admin!

*If* it were to happen...just start your own studio lol.

Also, once earning over a certain amount it often makes sense to restructure your business (in Aus you'd turn it into a Trust and pay yourself a wage, there are tax and banking benefits to doing this.

As I see it (19yrs stripping, 4yrs camming, 5yrs OF), when I was a stripper in clubs/pubs I didn't choose my shifts...I could request certain days but it had to be approved, there were minimum shift requirements, and minimum hours, being late on stage meant a monetary fine...etc. We were treated as employees...but without the rights of an employee.

Online however, I'm free to run my business on my own terms and absolutely consider myself as running a business not just showing up to a job.

But as for suing, in both scenarios...good luck.
 
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Do u remember a few years ago when they made all ca girls become employees and they even had time cards. Did that happen to nj too? I'd love to be paid for free chat but becoming an employee you give up all the time freedom we have
Yeah I don’t ever want to be an employee of a cam or content site. I won’t trade minimum wage for all the freedoms I have as an IC that allow me to earn much more by creating my own boundaries and sctuhedule.
This exactly. I do this job because of the time freedom it allows. I can take care of my 5 dogs and enjoy time with my family when I want. My dads fiance has leukemia so I have to log in and out a lot to help them. How could I even start to do that as an employee with a time card. Was any one hear made an employee on streamate.com when they did that cali thing?
 
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