Court grapples with Backpage's role in sex trafficking cases

In a recent government meeting, discussions centered on the implications of Backpage, a now-defunct online classifieds platform, in ongoing sex trafficking litigation. The meeting highlighted the complexities surrounding the Multi-District Litigation (MDL) involving multiple plaintiffs who allege they were trafficked through Backpage's services.

Key points of contention arose regarding the classification of Backpage as a common sex trafficker in these cases. While plaintiffs argue that Backpage's actions constitute sex trafficking under the law, Facebook has contested the inclusion of the case in the MDL, asserting that there is no common trafficker involved. This disagreement raises questions about the legal definitions and responsibilities of various parties implicated in the trafficking allegations.

The discussion also touched on the necessity of establishing a plaintiff's status as a trafficking victim to proceed with claims. It was noted that while Backpage is not a defendant in the current case due to its seizure by the Department of Justice, its actions remain central to the plaintiffs' arguments. The meeting underscored the importance of determining whether Backpage's conduct can be linked to the individual traffickers involved in each case.

Participants debated the standards of review applicable to the MDL panel's decisions, emphasizing the need for clarity on what evidence was presented regarding Backpage's role in facilitating trafficking. The consensus indicated that while common questions of fact may exist, the relevance of these questions to the overall litigation remains a critical consideration.

As the legal proceedings continue, the outcomes of these discussions could significantly impact the trajectory of the cases and the accountability of entities involved in online trafficking.