The Notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you if you were under the age of 18 when you appeared in a video or image that has been uploaded or otherwise made available for viewing on any website owned or operated by MindGeek, including Pornhub.com, Pornhubpremium.com, Redtube.com, Redtubepremium.com, YouPorn.com, YouPornpremium.com, Tube8.com, Mofosex.com, ExtremeTube.com, Spankwire.com, Keezmovies.com, Thumbzilla.com, and XTube.com, from February 19, 2011, through the present. The websites owned by MindGeek that are at issue are Pornhub.com, Pornhubpremium.com, Redtube.com, Redtubepremium.com, YouPorn.com, YouPornpremium.com, Tube8.com, Mofosex.com, ExtremeTube.com, Spankwire.com, Keezmovies.com, Thumbzilla.com, and XTube.com. You have legal rights and options that you may exercise before the Court holds a trial. The trial will decide whether the claims being made against Defendants, on your behalf, are correct. Judge Wesley L. Hsu of the United States District Court for the Central District of California is overseeing this class action. The lawsuit is known as Jane Doe v. MindGeek USA Incorporated, MindGeek S.A.R.L., MG Freesites, LTD, d/b/a Pornhub, MG Freesites II, LTD, MG Content RT Limited, and 9219-1568 Quebec, Inc. d/b/a MindGeek. No. 8:21-cv-00338-WLH-ADS.

The lawsuit claims that Defendants systematically participated in sex-trafficking ventures involving tens of thousands of children by receiving, distributing, and profiting from droves of child sexual abuse material (“CSAM”). Defendants deny any wrongdoing, and the Court has not found that Defendants have committed wrongdoing.

In a class action lawsuit, a court appoints one or more people or entities to be the “plaintiff” to sue on behalf of other people who have similar claims. If the court allows the lawsuit to proceed as a class action, the court appoints the plaintiff as the “class representative.” The people together are a “class” or “class members.” The plaintiff—and all the class members like them—are called the plaintiffs. The companies and people they sued are called the defendants. One court resolves the issues for everyone in the class—except for those people who chose to exclude themselves from the class. In this lawsuit, the Court appointed Jane Doe as Plaintiff and class representative.

The Court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that:

• There are numerous Class Members whose interests are affected by this lawsuit; 
• There are legal questions and facts that are common to the members of the Class; 
• Plaintiff’s claims are typical of the claims of the rest of the Class; 
• Plaintiff and the lawyers representing the Class will fairly and adequately represent the Class interests; 
• The common legal questions and facts are more important than questions that affect only individuals; 
• The Class is ascertainable because they are defined by identifiable objective criteria; and 
• This class action will be more efficient than having many individual lawsuits.
   

More information about why the Court is allowing this lawsuit to be a class action is in the Court’s Order Granting Motion for Class Certification.

The lawsuit claims that Defendants facilitate and profit from child sex trafficking involving CSAM; and have known about, and been investigated for, significant amounts of CSAM on their sites. Plaintiff alleges that Defendants, despite their actual knowledge that their sites were being used to share CSAM, did not take adequate steps to curb its propagation, motivated at least in part by financial considerations.

Defendants are a group of privately held companies that operate Pornhub.com, Pornhubpremium.com, Redtube.com, Redtubepremium.com, YouPorn.com, YouPornpremium.com, Tube8.com, Mofosex.com, ExtremeTube.com, Spankwire.com, Keezmovies.com, Thumbzilla.com, and XTube.com. Their “flagship video sharing platform is Pornhub. Created in 2007, Pornhub is a leading free, ad-supported, adult content hosting and streaming website, offering visitors the ability to view content uploaded by verified users, models, and third-party adult entertainment companies.”

Defendants deny that they did anything wrong and will defend themselves at trial. Defendants’ Answers to the Complaint are available for more information.

The Court has not decided whether Plaintiff or Defendants are correct. By establishing the Class and issuing this Notice, the Court is not suggesting that Plaintiff will win or lose this case. The parties have a chance to prove or disprove their claims and/or defenses through motion practice. Plaintiff must prove their claims at the trial. (See “The Trial” below.)

Plaintiff is asking for damages sustained as a result of Defendants’ alleged wrongdoing, in the amount to be proven at trial. Plaintiff also seeks injunctive or equitable relief as the Court may deem just and proper, and reasonable cost and expenses incurred, including counsel fees and expert fees.

No money or benefits are available now as a result of the Class being certified because the Court has not yet decided whether Defendants did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about how to ask for a share.

The Court certified a Class and a California Subclass:

1. Class: All persons who were under the age of 18 when they appeared in a video or image that has been uploaded or otherwise made available for viewing on any website owned or operated by MindGeek, including Pornhub.com, Pornhubpremium.com, Redtube.com, Redtubepremium.com, YouPorn.com, YouPornpremium.com, Tube8.com, Mofosex.com, ExtremeTube.com, Spankwire.com, Keezmovies.com, Thumbzilla.com, and XTube.com, from February 19, 2011, through the present.
2. California Subclass: Members of the Class residing in California who were under the age of 18 when they appeared in a video or image that has been uploaded or otherwise made available for viewing on any website owned or operated by MindGeek, including Pornhub.com, Pornhubpremium.com, Redtube.com, Redtubepremium.com, YouPorn.com, YouPornpremium.com, Tube8.com, Mofosex.com, ExtremeTube.com, Spankwire.com, Keezmovies.com, Thumbzilla.com, and XTube.com, from February 19, 2011, through the present.

If you are still not sure whether you are included in the Class, you can get free help from the Settlement Administrator, or by calling or writing to the lawyers in this case, at the phone number or address listed in Question 15.

You do not have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing you are staying in the Class. If you stay and Plaintiff obtains money or benefits, either as a result of the trial or a settlement, you will be notified about how to apply for a share. Keep in mind that if you do nothing now, regardless of whether Plaintiff wins or loses the trial, you will not be able to sue, or continue to sue Defendants—as part of any other lawsuit—about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action.

If you wanted to sue Defendants on your own regarding the same claims in this matter, or already have your own lawsuit against Defendants regarding the same claims in this matter and want to continue with it, you had to have asked to be excluded from the Class. If you excluded or removed yourself from the Class—sometimes called “opting-out” of the Class—you will not get any money or benefits from this lawsuit even if Plaintiff wins at trial. However, you may then be able to sue or continue to sue Defendants on your own for the same or similar claims in this matter. If you excluded yourself, you will not be legally bound by the Court’s judgments in this class action.

If you start your own lawsuit or continue with a preexisting lawsuit against Defendants regarding the same claims in this matter after you excluded yourself, you will have to hire your own lawyer(s) for that lawsuit, and you will have to prove your claims. If you excluded yourself so you can start or continue your own lawsuit against Defendants, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations or repose, meaning that you may face a deadline after which you cannot sue.

The deadline to exclude yourself from the Class passed on April 22, 2024.

IF YOU DID NOT EXCLUDE YOURSELF BY APRIL 22, 2024, YOU WILL REMAIN PART OF THE CLASS AND BE BOUND BY THE ORDERS OF THE COURT IN THIS LAWSUIT.

The Court decided that the law firm of Susman Godfrey L.L.P. is qualified to represent you and all Class Members as “Class Counsel.”

You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you can hire your own lawyer at your own expense. For example, you can ask them to appear in Court for you if you want someone other than Class Counsel to speak for you.

If Class Counsel get money or benefits for the Class, they may ask the Court for an award of fees and expenses. You will not have to personally pay these fees and expenses. If the Court grants Class Counsels’ request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Defendants.

Class Counsel will have to prove Plaintiff’s claims at a trial. A trial has not been scheduled at this time. During the trial, a Jury and the Judge will hear all of the evidence to help them reach a decision about whether Plaintiff or Defendants are right about the claims in the lawsuit. There is no guarantee that Plaintiff will win, or that they will get any money for the Class.

No. You do not need to attend the trial. Class Counsel will present the case for Plaintiff and the Class, and lawyers for the Defendants will present on their behalf. You or your own lawyer are welcome to come at your own expense.

If Plaintiff obtains money or benefits as a result of the lawsuit, and you remain in the Class, you will be notified about how to participate. We do not know how long this will take.

You can get additional information by calling 844-566-0107, emailing info@MindGeekClassActionLitigation.com, or writing the Administrator at:

MindGeek Class Action Litigation
c/o JND Legal Administration
P.O. Box 91491
Seattle, WA 98111

You can also call Class Counsel at 1-310-789-3100, or write them at:

Davida P. Brook
Krysta Kauble Pachman
Susman Godfrey LLP
1900 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067

PLEASE DO NOT CONTACT THE COURT