Order dismissed the amended complaint for failure to state a claim without further leave to amend and deemed any appeal frivolous and not taken in good faith.
November 13, 2024 ruling source — casemine.com ↗Tufano v. Fenix Internet, LLC
3:24-cv-01115 · U.S. District Court, Middle District of Pennsylvania
About this case
Evidentiary treatment: This summarizes the plaintiff's own allegations as stated in the complaint or docket record cited below. It reflects what was filed, not a court finding, and is not a determination that the allegations are true.
Plaintiff alleges that OnlyFans (operated in the U.S. by Fenix Internet, LLC) permanently banned his account in February 2023 after an unauthorized user allegedly accessed it in violation of platform terms, and that OnlyFans refused subsequent efforts to reinstate him.
He pleads sex discrimination under Title VII of the Civil Rights Act of 1964, theorizing OnlyFans disfavors male creators because most of its revenue comes from its majority-male subscriber base paying to view female creators, together with Sherman Antitrust Act, “refusal to deal,” and FTC Act claims premised on OnlyFans' alleged monopoly position in the content-subscription market.
He seeks judgment on each claim and compensatory damages of no less than $30,000 per month he was unable to use the platform (approximately $510,000 as of July 2024).
Defendants
Source record
This page separates court/ruling records, party filings, research classifications, secondary sources and public statements. Unknown or unresolved fields remain labelled as such.
Outcome and research status
Outcome reason: Amended complaint dismissed for failure to state a claim under 28 U.S.C. §1915(e)(2)(B)(ii), without further leave to amend. Update 2026-08-25: The closing order dismissed the amended complaint under 28 U.S.C. sec. 1915(e)(2)(B)(ii) without further leave to amend and expressly certified that "[a]ny appeal from this order is deemed to be frivolous and not taken in good faith" -- confirming, against the order text itself, the frivolous-appeal certification already recorded for this case. The new element established this pass is the appellate docket number, below.
Research status: Source-backed (closing order text; appellate linkage confirmed from the appellate docket header)
Research notes: The order also deemed any appeal frivolous and not taken in good faith. Update 2026-08-25: The appeal from this case is docketed at the Third Circuit as No. 24-3329, "Frank Tufano v. Fenix Internet LLC," docketed Dec. 17, 2024. The link is confirmed from that docket's header ("Appealed From: M.D. Pennsylvania (24-cv-01115)", trial judge Saporito) and its order/judgment date, which matches this case exactly. The appellate docket shows no termination entry, and no certified order appears on the district docket, so the appeal's current state is not established. Note that this dataset contains three separate Fenix Internet cases; this appeal belongs to this one and not to C051 or C052.
Related litigation
- Dispute group: Fenix Internet litigation
Court & ruling records
Findings recorded only where they are tied to an order, opinion or report and recommendation.
Record labels distinguish final orders/opinions, reports and recommendations, non-final orders, and tentative/indexed ruling records.
Ruling on Tufano's motion for leave to appeal in forma pauperis from the dismissal of this action, the district court 'CERTIFIES that the plaintiff's appeal is not taken in good faith' and denied the motion. A second in forma pauperis motion followed on 2025-03-18, and the Third Circuit ultimately dismissed the appeal on 2025-07-23 for failure to prosecute, the fee never having been paid. Recorded from the district docket entry's own text (entry 19); the order itself was not read.
January 3, 2025 ruling source — courtlistener.com ↗United States Court of Appeals for the Third Circuit, No. 24-3329. The district docket records the appellate order verbatim: 'ORDER of USCA ORDERED that the above-captioned case is hereby dismissed for failure to timely prosecute insofar as appellant failed to pay the requisite fee as directed.' Recorded from the district docket entry's own text (entry 22); the order itself was not read.
July 23, 2025 ruling source — courtlistener.com ↗Appellate history
Appeals taken from this docket record, with what the research does and does not establish about each.
Taking an appeal is a party’s filing, not a ruling — only an appellate court’s own disposition is a finding, and a disposition recorded here is a docket fact rather than reasoning unless the order itself was read. An appeal continues the action it arises from, so appeals are never counted as additional lawsuits: the case and originating-action counts published elsewhere on this site are unaffected by this section. Where a docket number or a current status is not recorded, that is a stated gap in the research, not a finding that none exists. See Methodology.
Captioned 'Frank Tufano v. Fenix Internet LLC'. The linkage is confirmed from the appellate docket's own header ('Appealed From: M.D. Pennsylvania (24-cv-01115)', trial judge Saporito) and an order/judgment date matching this case. Disposition verified 2026-09-10 from the district docket, M.D. Pa. 3:24-cv-01115 entry 22 (2025-07-23), which recites the Third Circuit's order verbatim: 'ORDER of USCA ORDERED that the above-captioned case is hereby dismissed for failure to timely prosecute insofar as appellant failed to pay the requisite fee as directed.' The fee had been at issue from the start: on 2025-01-03 the district court certified that the appeal was not taken in good faith and denied leave to proceed in forma pauperis on appeal (entry 19, Saporito, J.), and a second IFP motion followed on 2025-03-18. The Third Circuit's own docket is mirrored on CourtListener only through its case-opening entries of 2024-12-19 and shows no disposition.
Record source — courtlistener.com ↗Filing-restriction indicators
Strength labels are research classifications, not judicial declarations that the litigant is vexatious.
After dismissing the amended complaint for failure to state a claim without further leave to amend, the court expressly deemed any appeal frivolous and not taken in good faith.
Source — casemine.com ↗Chronology events
Sequence does not by itself prove motive or causation.
Tufano filed federal complaint C042 against Fenix Internet LLC (OnlyFans' U.S. operating entity) over a February 2023 account ban.
Source — courtlistener.com ↗Amended complaint dismissed for failure to state a claim, without further leave to amend; the order also deemed any appeal frivolous and not taken in good faith.
Source — casemine.com ↗Tufano filed C011 in Lackawanna County against Fenix Internet LLC over the same underlying February 2023 account ban, roughly 6.5 months after C042 was dismissed with an appeal-frivolous finding.
Source — lpa-homes.org ↗Tufano filed a separate federal complaint, C051, against Fenix Internet LLC, six days after filing the state complaint C011.
Source — courtlistener.com ↗Public video statements
Public statements are displayed separately from court findings. Quotations are transcribed from the video’s own YouTube auto-generated captions and timestamped from the caption cues covering the passage quoted. The Strong / Moderate / Context tier is this project’s research classification of how closely a statement bears on the documented filing patterns — it is not a judicial finding. Any second badge names the filing-restriction factor the statement’s own words describe; it records what the speaker said, not that a court found it.
How quotations are marked: An ellipsis (…) inside a quotation marks words left out between two passages of the same video, which can sit some minutes apart. The omitted wording is not reproduced here, and a clip on the statement supercut plays the whole span from the quotation’s first word to its last — so it includes the omitted material. Quotations without an ellipsis are continuous speech.
These quotations can no longer be checked at their source. Every quotation on this site was transcribed from the speaker’s own YouTube channel. That channel was removed in October 2026; on 23 October 2026 all 980 catalogued video ids returned “not found”, and the channel address itself no longer resolves. YouTube’s own basis for removing it is not part of any record this project can verify, so none is asserted here. Nothing was withdrawn by this project.
What survives is the evidence, not the link. The verbatim caption transcript each quotation was read from was archived, dated, at the time the video was catalogued, and the timestamp on each card is the moment in that transcript where the words appear. The transcripts are held unaltered and are not republished. What a reader can no longer do is open the original and hear it, and nothing on this site can restore that. Seventy-four statements — those whose own words name a core filing-restriction factor — survive as clips in this project’s own compilation, and those cards link into it at the right moment. Nothing else is re-hosted. See Methodology.
do you want me to do making the only fans so I can rake in thousands of dollars a month that I can use to sue you morons so you can pay me your mediocre paychecks to the rest of your lives
One sentence naming both the platform that becomes a defendant in the tracked DSP005 Fenix/OnlyFans actions (C011, C042, C051, C052) and a prospective intention to sue his critics. Rhetorical in register, but it is a stated plan to litigate funded by a named platform, 1,059 days before the February-2023 account ban those actions plead (2020-03-09 to 2023-02-01, using the 1st because the ban day is not recorded; differenced in code). Possible case/dispute link: ⚠ Not DSP005. The platform matches but the grievance does not: in 2020 he describes opening an account, whereas C011/C042/C051/C052 plead a 2023 ban and refusal to reinstate. Recorded as a dated chronology fact about his relationship to that platform only. The "sue you morons" half links to no tracked case — the targets are unnamed critics.
Source removed. Quoted at 03:45 in the archived transcript.
but as a legitimate small business I am shadowbanned and censored so the corporate overlords can buy their ugly daughters some more BBL and Botox
This is the small-business-versus-platform-suppression grievance in his own words, stated on camera before any of the tracked platform suits existed. Three tracked M.D. Pa. actions filed the same day, 2024-07-08 — C042 (Tufano v. Fenix Internet, LLC, DSP005), C043 (Tufano v. TikTok Inc., DSP018) and C044 (Tufano v. Reddit, Inc., DSP017) — plead essentially this theory: C043's claims summary records that he "asserts that TikTok favors large corporate accounts over small businesses like his by internally regulating its algorithm in their favor," pleaded as Sherman Act and FTC Act violations. This Short was published 277 days before those filings (2023-10-05 → 2024-07-08, computed as a plain date difference). It describes no filing conduct whatsoever — no suit, no threat to sue, no lawyer, no court — which is why the factor is No filing-conduct factor and the tier is Moderate rather than Strong. Its value is chronological: it dates the grievance narrative well ahead of the pleading. Possible case/dispute link: Tentative and thematic only — C042 / C043 / C044 (DSP005 / DSP018 / DSP017). ⚠ No platform is named anywhere in this transcript. The actors are only "the corporate overlords". Nothing in the track says TikTok, Reddit, OnlyFans, Fenix, YouTube, Google, Instagram or any other platform. The link rests entirely on the grievance theory matching a complaint filed 277 days later, which is direction-trap 5 territory (right grievance, possibly the wrong or an untracked party). Do not promote this as naming a defendant.
Source removed. Quoted at 00:25 in the archived transcript.
Related video research
Each video has its own research page with its verified publish date, timestamped statements and case links. A researched link between a video and a docket record is not a finding of causation in either direction.
- NATURAL COLLAGEN!?Source removed
- They want me GONESource removed
Cite this page
Frank Tufano Litigation Research. "Tufano v. Fenix Internet, LLC (3:24-cv-01115)". Research last verified October 3, 2026. https://suedbyfranktufano.com/cases/3-24-cv-01115-tufano-v-fenix-internet-llc/