A federal judge ruled that Visa cannot walk away from one of the most significant lawsuits ever filed against an adult platform, and the implications for how payment processors treat adult content could be impacted forever. 

U.S. District Judge Wesley Hsu of the Central District of California denied Visa’s motion to be dismissed from the case against MindGeek, the former parent company of Pornhub. The lawsuit, brought by Serena Fleites and plaintiffs in 14 related cases, centers on CSAM and nonconsensual content that was uploaded to Pornhub without the victims’ knowledge or consent. Fleites was 13 years old when a video of her was posted to the site. It accumulated 400,000 views before she discovered it. MindGeek posted it across its other properties and ran advertising against it. 

The claims against MindGeek are not complicated. It isn’t a question of morality; it’s a question of illegality. Their actions caused serious harm to real people, and the companies that enabled it should face consequences. That part of the accountability is definitely valid. 

But the Visa element is more complicated, and it’s what could potentially impact creators. Earlier versions of the lawsuit had Visa characterized as a remote intermediary, simply a payment processor that processes the transactions without being meaningfully involved in what happens on the platform. The judge had previously agreed that it wasn’t enough to establish conspiracy liability. What changed in the last complaint is a new allegation: that Visa had an actual agreement with MindGeek to help minimize the visibility of the illegal conduct on its sites. The plaintiffs also allege that Visa and its member banks sometimes suggested changes to words and descriptions connected to illegal content and removed payment restrictions that had clear signs of trafficking. 

That allegation is what the judge found sufficient to keep the conspiracy claim alive. “Visa singled out a particular merchant and provided business advice to that merchant on how it might avoid regulatory scrutiny,” Judge Hsu wrote. That’s a meaningfully different legal posture than being a payment processor who didn’t look too closely. 

In a separate ruling, the judge dismissed claims against a group of hedge fund lenders who financed MindGeek, the Redwood defendants, finding that the plaintiffs hadn’t established a direct enough connection between these lenders and the specific illegal conduct in question, though the plaintiffs vowed to appeal that decision. 

But how will this impact the creator economy? 

First, let’s be very clear that the accountability for what happened on Pornhub is appropriate and necessary. CSAM is illegal and morally reprehensible, and nonconsensual content causes documented, serious harm. If Visa were truly advising MindGeek on how to minimize the visibility of that conduct rather than reporting it or exiting the relationship, that is exactly the kind of behavior that should face legal consequences. Payment networks are not neutral infrastructure if they are actively participating in the management of illegal activity. 

However, payment processors have spent years using the risk profile of adult content as justification for treating every creator in the space as a liability, regardless if their content is legal, consensual, age-verified, and fully compliant with all platform rules and local laws. Debanking, account holds, sudden closures, processing fees that don’t apply to other industries, and the constant threat of being dropped without notice at all are just part of the deal for adult content creators these days. And this ruling that keeps Visa on the hook for what happens on a platform it serves could give every processor one more reason to decide adult content simply is not worth the exposure – even if that ruling is fully valid. 

The creators who would feel this most acutely are not the large accounts with lawyers on retainer. It’s the smaller, independent creators on platforms like OnlyFans that will be at the mercy of the legal calculus processors like Visa will be doing this year. Because for them, the risk of providing service to a large company like MindGeek and a small verified adult creator in Ohio is the same. 

This case will move slowly, but it’s important to point out that the conspiracy claim against Visa is not a verdict. It’s just permission to keep litigating. But every development in this case could affect creators and their ability to process transactions. It won’t just be payment processors keeping an eye on this case. Banks are watching too, and creators need to be ready, because the side effects will likely land on people who had nothing to do with this case.