Greg's Corner

Backpage sued by underage trafficking victims and why these suits are different

Yesterday, multiple lawsuits were filed against Backpage in four different states by victims who were trafficked on Backpage for sex while they were underage. At the times these victims were being trafficked they ranged in ages from 14 to 17. The suits, filed in California, Alabama, Texas, and Washington, claim that Backpage knowingly profited from the trade of underage girls on its website.

Lawsuits like these are nothing new for Backpage. Two of the more newsworthy lawsuits were filed in Massachusetts and Washington, but unfortunately those lawsuits were defeated in the courts. These new lawsuits are different that their predecessors for two reasons. The first is the fact that Backpage heads Carl Ferrer, Michael Lacey and James Larkin are being named in the suit. The second reason is that these are the first suits being filed after the Senate Permanent Subcommittee on Investigations found that Backpage allegedly edits their ads to make the victims appear of age. Previously the Communications Decency Act of 1996 protected Backpage in these suits because the CDA states that a website’s owner is not criminally responsible for the content that their users post. However, if Backpage is editing the ads that their users post, that could render their CDA defense null and void.

Much has been made in the news about how Backpage shut down their adult section only to have it turn out that the trafficking ads have migrated to the personals section where Backpage is still making money from them. Since Backpage only cares about the money they make, maybe these lawsuits will finally strike a blow against them that will finally make them reconsider their business model of slavery.