Creator Subscription Platform Dispute Demand Letters

Patreon, OnlyFans, Substack | Account Suspensions, Payment Holds & Content Removal

Creator Subscription Platform Overview
💳 The Platform Problem: Creators depend on subscription platforms (Patreon, OnlyFans, Substack, etc.) for livelihood. When platforms suspend accounts, hold payments, or remove content - often without warning or explanation - creators lose income immediately. Platform ToS gives platforms broad discretion, but some actions may violate contract, consumer protection laws, or payment processing regulations.
Major Creator Platforms
Platform Business Model Platform Fee Payment Processing Common Issues
Patreon Membership subscriptions (monthly tiers) 5-12% + payment processing (~2.9% + $0.30) Stripe, PayPal Account suspensions for vague ToS violations; payment holds; content restrictions
OnlyFans Subscriptions + tips + PPV content 20% of earnings Third-party payment processors Sudden account bans; chargebacks; payment processor pressure on adult content
Substack Newsletter subscriptions 10% of paid subscriptions Stripe Content moderation disputes; payment delays; limited support
Ko-fi Tips + memberships 0% (free tier) or 5% (premium) PayPal, Stripe Payment holds from processor issues
Buy Me a Coffee One-time tips + memberships 5% platform fee Stripe Account verification delays; payment holds
Gumroad Digital product sales + memberships 10% + payment processing Stripe, PayPal Account suspensions; withheld funds; content disputes
Platform vs. Creator Rights

What platforms CAN do (per ToS):

  • Terminate accounts: Most ToS allow termination "at any time, for any reason" or for ToS violations
  • Hold payments: Platforms can hold funds pending investigation of fraud, chargebacks, or ToS violations
  • Remove content: Platforms can remove content violating community guidelines or ToS
  • Change terms: Most ToS allow platforms to modify terms with notice (often 30 days)
  • Set fees: Platforms control fee structure (though changes to existing fees may require notice)

What platforms CANNOT do (despite ToS):

  • Breach implied covenant of good faith: Even with broad discretion, platforms must act in good faith, not arbitrarily or capriciously
  • Withhold earned funds indefinitely: May violate state wage laws or payment processing regulations
  • Discriminate based on protected class: Can't ban creators for race, religion, etc. (though can ban content types)
  • Violate state consumer protection laws: Unfair or deceptive practices may violate state UDAP laws
  • Breach contract without cause (if ToS requires cause): Some ToS limit termination to "material breach" of specific terms
Payment Processing Issues

The payment processor problem:

⚠️ Double-Layer Risk: Creators face risks from BOTH the platform (Patreon, OnlyFans) AND the underlying payment processor (Stripe, PayPal). Even if platform allows your content, payment processor can refuse to process payments for it. Example: Adult content creators face pressure from both platforms (community guidelines) and processors (card network rules prohibiting certain adult content).

Common payment processor restrictions:

  • Adult content: Visa/Mastercard rules prohibit processing payments for certain adult content (varies by content type)
  • Weapons: Firearms, ammunition, certain weapons sales restricted by processor policies
  • Gambling: Unlicensed gambling, contests, sweepstakes
  • Controlled substances: CBD (varies), cannabis, prescription drugs
  • Hate speech: Processors may refuse to process for content promoting violence or hate
  • High chargeback rates: If creator has >1% chargeback rate, processor may suspend account
Creator Rights Under ToS

Typical ToS provisions (what you agreed to):

ToS Provision What It Means Creator Impact
At-will termination Platform can terminate your account anytime for any reason Limited recourse; must prove breach of good faith or discrimination
Content ownership You own content; platform gets broad license to display/distribute You retain copyright but platform can use your content per license
Payment terms Payouts processed monthly; platform may hold funds for chargebacks/disputes Cash flow delays; funds may be held 30-90 days after earnings
Fee changes Platform may change fees with notice (usually 30 days) Revenue may decrease if fees increase
Indemnification You indemnify platform for claims arising from your content You're liable if subscriber sues platform over your content
Arbitration clause Disputes resolved via arbitration, not court (often waives class actions) Can't sue in court; must arbitrate; can't join class action
Limitation of liability Platform's liability capped (often at fees paid in past 12 months) Even if platform breaches, damages limited
Data Portability & Subscriber Ownership

Who owns your subscriber list?

  • Platform's position: Subscriber data belongs to platform; provided to creator for platform use only
  • Creator's position: I earned subscribers through my content; they're my business asset
  • Legal reality: Varies by platform:
    • Patreon: Allows export of subscriber emails (creator can take list when leaving)
    • OnlyFans: Limited data export; harder to migrate subscribers
    • Substack: Creator owns list; can export and migrate to any platform
  • Best practice: Regularly export subscriber data (emails) to your own CRM/email platform; reduces platform lock-in
Common Platform Disputes
1. Account Suspension/Termination

Scenario: Platform suspends or terminates creator's account, often with vague explanation or no warning

Common reasons (stated by platforms):

  • "Violation of Community Guidelines" (no specific violation cited)
  • "ToS violation" (no details)
  • "Suspicious activity" (platform thinks account hacked or fraudulent)
  • "Payment processor requirements" (processor refused to process your content)
  • "Chargeback threshold exceeded" (too many subscribers disputed charges)
  • "Adult content policy violation" (even if content previously allowed)

Creator's challenges:

  • Loss of income: Immediate loss of all subscription revenue
  • Stranded subscribers: Subscribers already paid for month; can't access content
  • Withheld funds: Platform may hold final month's earnings (30-90 days or indefinitely)
  • No explanation: Platform won't specify what content violated ToS
  • No appeal process: Automated customer support; no human review

Potential legal claims:

  1. Breach of contract: If ToS requires "material breach" for termination and platform can't identify specific breach
  2. Breach of implied covenant of good faith: Termination was arbitrary, capricious, or in bad faith
  3. Violation of state UDAP laws: Unfair or deceptive practice (withholding funds, false ToS violation claims)
  4. Promissory estoppel: Platform induced you to build business on their platform, then terminated arbitrarily
  5. Conversion: Platform wrongfully withholds your earned revenue
2. Payment Holds

Scenario: Platform holds creator's earned revenue, sometimes for months, citing "investigation" or "risk review"

Common triggers:

  • Rapid growth: Subscriber count or revenue spikes suddenly (platform flags as suspicious)
  • Chargebacks: Multiple subscribers dispute charges with credit card company
  • Payment processor holds: Underlying processor (Stripe, PayPal) holds funds; platform can't release
  • Content review: Platform reviewing content for ToS compliance; holds funds pending review
  • Identity verification: Platform requires additional ID verification before releasing funds

Legal issues:

  • How long can they hold? ToS usually allow holds for "investigation" but don't specify duration
  • State wage laws: If creator is providing services (not selling products), withholding payment may violate wage laws in some states
  • Conversion: Indefinite hold with no explanation may constitute wrongful exercise of control over creator's property
  • Unjust enrichment: Platform holding funds and earning interest while creator gets nothing
3. Content Removal

Scenario: Platform removes specific posts/content, sometimes retroactively

Examples:

  • Patreon: Removes posts containing certain keywords or content types (even if previously allowed)
  • OnlyFans: Removes posts after payment processor pressure (adult content restrictions changing)
  • Substack: Removes newsletter issues containing "prohibited content"

Creator impact:

  • Subscribers paid for content, can't access it (may request refunds)
  • Creator spent time/resources creating content, now removed
  • Unclear what content is allowed going forward
  • May trigger account suspension if multiple posts removed

Legal claims:

  • Breach of contract: If ToS specified what content is allowed and removed content complied
  • Estoppel: Platform allowed content for months/years, then retroactively banned it (creator relied on permission)
  • Subscriber refund liability: If subscribers demand refunds due to removed content, is platform or creator liable?
4. Fee Increases

Scenario: Platform increases fees, reducing creator's take-home revenue

Example: Patreon announces increase in platform fee from 5% to 12% (or changes payout structure increasing effective fees)

Creator's options:

  • Accept new fees: Continue on platform; absorb reduced revenue
  • Raise prices: Increase subscription prices to offset fee increase (may lose subscribers)
  • Migrate to different platform: Move to lower-fee platform (Ko-fi, Memberful, etc.) - but lose subscribers who don't migrate
  • Challenge fee increase: Argue fee increase violates ToS or is unconscionable (weak claim; ToS usually allow fee changes)

Legal issues:

  • Most ToS allow fee changes with 30 days notice
  • If ToS guarantees fee rate for certain period, increase during that period = breach
  • If increase is retroactive (applied to already-earned funds), may be unconscionable or breach
5. Chargebacks & Refund Abuse

Scenario: Subscribers dispute charges with credit card company; creator loses money + faces chargeback fees

How chargebacks hurt creators:

  • Lost revenue: Subscription fee refunded to subscriber
  • Chargeback fee: Platform charges creator $15-$25 per chargeback
  • Threshold penalties: If chargeback rate exceeds 1%, payment processor may suspend account or increase fees
  • Subscriber keeps content: Subscriber already consumed content, gets refund, keeps access (platform may not revoke)

Common chargeback scenarios:

  • Buyer's remorse: Subscriber regrets purchase, disputes charge instead of canceling properly
  • Family member dispute: Family member sees charge on card, disputes without asking subscriber
  • Fraud claims: Subscriber falsely claims they didn't authorize charge
  • Content dispute: Subscriber claims content not as described or not delivered

Creator's remedies:

  • Dispute chargeback: Provide evidence to payment processor (proof of delivery, ToS acceptance, subscription history)
  • Ban serial refunders: Block subscribers who chargeback (if platform allows)
  • Sue for fraud: If subscriber committed chargeback fraud, may have claim (rarely economical for small amounts)
  • Insurance: Some platforms offer chargeback protection (for fee)
6. Platform Bankruptcy/Shutdown

Scenario: Platform goes bankrupt or shuts down; creators lose access to subscribers and funds

Recent examples:

  • Various small creator platforms shut down with little notice, leaving creators scrambling
  • Payment processors (e.g., Payza) shut down by regulators; funds frozen

Creator risks:

  • Lost revenue: Final month's earnings may not be paid out
  • Lost subscribers: If can't export list before shutdown, lose ability to contact subscribers
  • Stranded funds: If platform holds funds in merchant account, may be tied up in bankruptcy

Legal options (limited):

  • Bankruptcy claim: File as unsecured creditor for unpaid funds (pennies on dollar recovery likely)
  • Payment processor direct claim: If processor holds funds, may be able to claim directly from processor
  • Best protection: Diversify across multiple platforms; export subscriber data regularly; withdraw funds frequently (don't let large balances accumulate)
Payment Hold Disputes
Understanding Payment Holds

Why platforms hold payments:

Hold Reason Typical Duration Resolution
Risk review (rapid growth) 7-30 days Provide ID verification, business documentation, explanation of growth
Chargeback investigation 30-90 days Dispute chargebacks with evidence; wait for chargeback window to close
Content review 14-60 days Remove flagged content or prove compliance with ToS
Payment processor hold 30-180 days Resolve with processor (Stripe, PayPal); platform can't release until processor does
Account closure reserve 90-180 days Wait for chargeback window to expire; platform releases remaining balance
Fraud investigation Indefinite (until resolved) Prove account legitimate; provide documentation; may never release if fraud confirmed
Legal Challenges to Payment Holds

When payment holds may be unlawful:

  1. No legitimate reason: Platform can't articulate any ToS violation or fraud risk
  2. Indefinite hold with no process: Holding for months with no investigation or explanation
  3. Pretextual reason: Stated reason for hold is false (e.g., claims "fraud investigation" but no actual investigation occurring)
  4. Violation of state wage laws: If creator is providing services (not selling products), withholding payment may violate state wage payment laws
  5. Violation of payment processor regulations: Payment processors have obligations under card network rules; can't hold indefinitely without justification

State wage law application:

💼 Are You an Employee or Independent Contractor? Most creators are independent contractors (not employees), so traditional wage laws don't apply. However, some states (e.g., California) extend payment protections to independent contractors. If platform is withholding payment for completed work (not holding for chargebacks or fraud), may violate state prompt payment laws.

California example (SB 1402 - "Freelance Worker Protection Act" proposed):

  • Requires written contracts for freelance work over $250
  • Requires payment within 30 days unless contract specifies different terms
  • Penalties for non-payment: Double damages + attorney fees
  • Other states considering similar protections
Demand Letter Strategy for Payment Holds

Step 1: Gather documentation

  • Screenshots showing account balance and hold status
  • All communications with platform about hold
  • ToS provisions regarding payment terms and holds
  • Evidence of compliance with ToS (if hold based on alleged violation)
  • Timeline of hold (how long funds have been held)

Step 2: Formal demand letter

  • Cite specific ToS provisions requiring payment
  • Demand release of funds within specific timeframe (e.g., 14 days)
  • Cite state consumer protection laws or wage laws if applicable
  • Threaten legal action: breach of contract, conversion, UDAP violation
  • If platform has arbitration clause, threaten to file arbitration (costs platform money even if you lose)

Step 3: Escalation

  • File arbitration: If ToS requires arbitration, file claim; platform must pay arbitration fees (often $1,500-$5,000+)
  • File small claims lawsuit: If amount under small claims limit ($5k-$10k depending on state); arbitration clause may not apply to small claims
  • File complaint with state AG: Many states have consumer protection divisions investigating platform abuses
  • Payment processor complaint: If processor holding funds, file complaint with card network or banking regulator
  • Public pressure: Social media campaign highlighting platform's payment hold (last resort; may backfire)
Preventing Payment Holds

Risk mitigation strategies:

  • Frequent withdrawals: Don't let large balances accumulate; withdraw weekly/biweekly instead of monthly
  • Gradual growth: Rapid subscriber growth triggers fraud alarms; if possible, pace growth
  • Low chargeback rate: Keep chargebacks under 0.5%; respond to chargebacks with evidence; block serial refunders
  • Clear content descriptions: Ensure subscribers know what they're buying; reduces "not as described" chargebacks
  • Verification compliance: Complete all identity verification and business documentation when account created (not after hold triggered)
  • Diversify platforms: Don't put all income on one platform; use multiple platforms to reduce single-point risk
  • Direct payment option: Offer direct payment (Stripe checkout on your own site) in addition to platform; reduces platform dependency
Sample Platform Dispute Demand Letters
Sample 1: Account Suspension Appeal
[Your Name] [Address] [Email] [Creator Account: @username] [Date] [Platform Name] Legal Department [Address] Re: Unlawful Account Suspension - Demand for Reinstatement and Payment of Withheld Funds Dear [Platform]: I am writing regarding your unlawful suspension of my creator account @[username] on [date] and your withholding of $[amount] in earned revenue. ACCOUNT SUSPENSION: On [date], you suspended my account with the following explanation: "Your account has been suspended for violation of our Community Guidelines." No specific violation was identified. I have requested clarification multiple times (emails dated [dates]) and received only automated responses with no substantive information. NO VIOLATION OCCURRED: I have reviewed your Community Guidelines and Terms of Service thoroughly. My content does NOT violate any provision: 1. CONTENT TYPE: My content consists of [describe: educational videos, art tutorials, fitness coaching, etc.]. This content category is expressly permitted under your ToS Section [X]. 2. NO PROHIBITED CONTENT: I have never posted: • Adult content / sexually explicit material • Violent or graphic content • Hate speech or harassment • Illegal content • Content violating third-party IP rights 3. COMPLIANCE HISTORY: My account has been active for [X years/months] with zero prior warnings or violations. I have [X subscribers] and [X posts], all compliant with your guidelines. 4. PRIOR APPROVAL: Platform previously reviewed and approved similar content. [If applicable: "In [Month Year], your Trust & Safety team reviewed my content and confirmed compliance."] BREACH OF CONTRACT: Your suspension violates our contract (your ToS): 1. TERMINATION REQUIRES CAUSE: ToS Section [X] states accounts may be terminated for "material breach" of terms. You have not identified any breach, let alone "material" breach. 2. IMPLIED COVENANT OF GOOD FAITH: Even if ToS allows discretionary termination, you must exercise discretion in good faith, not arbitrarily. Suspending account with no explanation and refusing to respond to inquiries = bad faith. 3. PAYMENT TERMS BREACHED: ToS Section [X] requires payment of earned revenue by [day] of month following earnings. You are withholding $[amount] earned in [month(s)]. DAMAGES: Your unlawful suspension has caused significant damages: • LOST INCOME: $[X]/month in subscription revenue (ongoing loss) • WITHHELD FUNDS: $[X] earned but not paid • SUBSCRIBER LOSS: [X] subscribers canceling due to inability to access content • REPUTATION HARM: Suspended account implies I violated rules, damaging professional reputation • BUSINESS DISRUPTION: Unable to fulfill commitments to subscribers who paid for content Total damages to date: $[amount] Ongoing damages: $[amount] per month until reinstated DEMAND: Within 7 days: 1. REINSTATE MY ACCOUNT with full functionality and access 2. RELEASE WITHHELD FUNDS: Wire $[amount] to my bank account on file 3. PROVIDE EXPLANATION: If you maintain my content violated guidelines, identify specific content and specific guideline violated 4. RESTORE SUBSCRIBER ACCESS: Ensure all subscribers who paid can access content 5. COMPENSATE FOR DAMAGES: Pay $[amount] for lost revenue during suspension period LEGAL CONSEQUENCES: If you do not reinstate my account and release funds within 7 days, I will immediately: 1. FILE ARBITRATION (per ToS Section [X]) claiming: • Breach of contract (wrongful termination, withheld payment) • Breach of implied covenant of good faith and fair dealing • Violation of [State] Unfair and Deceptive Acts and Practices law • Conversion (wrongful exercise of control over my funds) • Damages: $[amount] + attorney fees and costs 2. FILE COMPLAINT with [State] Attorney General Consumer Protection Division 3. FILE COMPLAINT with payment processor [Stripe/PayPal] for withholding funds without justification 4. PUBLIC DISCLOSURE: Publish details of your unlawful suspension on my social media (combined [X] followers across platforms), informing other creators of your practices ARBITRATION COSTS: Your ToS requires arbitration via [Arbitration Association]. Filing fees: $[amount - often $1,500+], which YOU must pay per ToS. Arbitrator fees: $[amount - often $3,000-$5,000], which YOU must pay. Even if you prevail, you'll spend $[total] defending this. Far cheaper to reinstate my account and release my funds. ALTERNATIVE RESOLUTION: I prefer to resolve this amicably: Option 1: Full reinstatement + payment of withheld funds within 7 days Option 2: If you insist on account closure, pay me: • Withheld funds: $[amount] • Liquidated damages: $[amount - e.g., 3 months revenue] • Allow me to export subscriber list and notify subscribers of migration I built my business on your platform in good faith reliance on our contract. You have breached that contract. Make this right. Respond within 7 days. Sincerely, [Your Signature] [Your Name] Enclosures: • Screenshots of account suspension notice • Emails requesting explanation (all ignored) • Sample of my content (proving ToS compliance) • Subscriber count and revenue data
Sample 2: Payment Hold Demand
[Your Name] [Email] [Creator Account ID: XXX] [Date] [Platform Name] Payment Disputes Department [Address] Re: Unlawful Payment Hold - Demand for Immediate Release of Funds Dear [Platform]: I am writing to demand immediate release of $[amount] in earned revenue that you are unlawfully withholding from my creator account. PAYMENT HOLD: On [date], you placed a hold on my account funds with the following explanation: "We are conducting a risk review of your account. Your funds will be released when the review is complete." Current status: Hold has been in place for [X days/months]. Total funds held: $[amount]. NO LEGITIMATE BASIS FOR HOLD: Your "risk review" is pretextual. There is no legitimate risk: 1. VERIFIED ACCOUNT: I completed identity verification when account created ([date]). I provided: • Government-issued ID • Bank account verification • Tax documentation (W-9) All accepted by your platform. 2. LEGITIMATE BUSINESS ACTIVITY: • Account active for [X years/months] • Consistent subscriber growth (no suspicious spikes) • Low chargeback rate ([0.3%] - well below 1% threshold) • Legitimate content creation (no fraud, no prohibited content) 3. NO EXPLANATION PROVIDED: I have asked multiple times what "risk" you are reviewing. You have not identified: • Any specific ToS violation • Any fraudulent activity • Any problematic content • Any chargeback issues • Any payment processor concerns 4. NO INVESTIGATION OCCURRING: You claim "review in progress" but have not asked me for any additional information or documentation. This suggests no actual review is occurring - just indefinite hold on my money. BREACH OF CONTRACT: Your payment hold violates our contract: ToS Section [X] states: "Earnings will be paid by [day] of month following the month in which they were earned." I earned $[amount] in [month(s)]. Payment was due [date]. You are now [X days] overdue. ToS Section [X] allows payment holds "pending investigation of fraud or ToS violations." However: • You have identified no fraud or violation • [X days/months] is unreasonable for "investigation" • You are not actually investigating (no requests for information, no communication) CONVERSION & UNJUST ENRICHMENT: By holding my funds without justification, you are: 1. CONVERSION: Wrongfully exercising control over my property (my earned revenue) 2. UNJUST ENRICHMENT: Holding $[amount] of my money, likely earning interest, while I receive nothing VIOLATION OF STATE LAW: [State] law prohibits: 1. UNFAIR & DECEPTIVE PRACTICES: Withholding payment without explanation and without legitimate reason = unfair practice under [State] UDAP statute 2. PROMPT PAYMENT LAWS: [If applicable] [State] requires payment to contractors within [X days] of completed work DAMAGES: Your payment hold has caused: • WITHHELD INCOME: $[amount] I earned and you owe • LOST OPPORTUNITY: Unable to invest in business, pay bills, meet financial obligations • EMOTIONAL DISTRESS: Financial strain and uncertainty • INTEREST: Prejudgment interest on withheld funds at [State]'s legal rate ([X]% per year) DEMAND: Release $[amount] to my bank account within 7 days. If you claim legitimate reason to hold funds: • Identify specific reason (fraud allegation, ToS violation, chargeback issue, etc.) • Provide timeline for resolution • Explain what I must do to resolve CONSEQUENCES: If funds not released within 7 days: 1. FILE ARBITRATION claiming: • Breach of contract (failure to pay per ToS) • Conversion (wrongful withholding of funds) • [State] Unfair and Deceptive Acts and Practices violation • Damages: $[withheld amount] + interest + attorney fees • Costs to you: $[arbitration fees - often $5,000+] 2. FILE COMPLAINT with [State] Attorney General 3. FILE COMPLAINT with payment processor [Stripe/PayPal] and card networks (Visa, Mastercard) for withholding funds without justification 4. FILE COMPLAINT with Consumer Financial Protection Bureau (CFPB) 5. SMALL CLAIMS LAWSUIT (if amount under jurisdictional limit and arbitration clause doesn't apply) PAYMENT PROCESSOR NOTIFICATION: I am sending copy of this letter to [Stripe/PayPal]. Payment processors have obligations under card network rules to pay merchants promptly. Indefinite holds without fraud investigation violate those rules. Release my funds. This is my money, which I earned through legitimate content creation. You have no right to hold it. Respond within 7 days. Sincerely, [Your Name] CC: [Payment Processor] [State] Attorney General Consumer Protection Division
Sample 3: Content Removal Dispute
[Your Name] [Creator Account: @username] [Date] [Platform Name] Content Policy Team [Address] Re: Wrongful Content Removal - Demand for Restoration Dear [Platform]: I am writing regarding your removal of [X] posts from my creator account on [date], and to demand restoration of this content. CONTENT REMOVED: You removed the following posts: • Post dated [date]: [title/description] • Post dated [date]: [title/description] • Post dated [date]: [title/description] Total: [X] posts removed Reason provided: "Content violates Community Guidelines - [vague reason, e.g., 'inappropriate content']" NO VIOLATION: The removed content does NOT violate any Community Guidelines: 1. CONTENT DESCRIPTION: [Describe content: "Educational tutorials on digital art techniques," "Fitness workout demonstrations," "Political commentary and analysis," etc.] 2. COMPLIANCE WITH GUIDELINES: • Content falls within permitted categories (ToS Section [X]) • No nudity, sexual content, violence, hate speech, or illegal activity • Consistent with content I've posted for [X months/years] without issue • Similar content remains live on my account and other creators' accounts 3. PRIOR APPROVAL: Platform previously hosted identical content without removal. You cannot retroactively ban content after I relied on your acceptance of it. SUBSCRIBER IMPACT: Subscribers paid for access to this content. By removing it, you have: • Deprived subscribers of value they paid for (potential refund requests) • Damaged my reputation with subscribers (appear to have violated rules) • Caused subscriber cancellations ([X] subscribers canceled after removal) BREACH OF CONTRACT: 1. IMPLIED LICENSE: By hosting my content for [X months/years], you granted implied license for me to continue posting similar content. Retroactive removal breaches that license. 2. PROMISSORY ESTOPPEL: I relied on your acceptance of this content type to build my business. You induced reliance, then removed content - causing harm. 3. ARBITRARY ENFORCEMENT: Removing my content while allowing identical content from other creators = arbitrary, bad faith enforcement. DEMAND: Within 7 days: 1. RESTORE all removed posts to my account 2. PROVIDE SPECIFIC EXPLANATION: If you maintain content violated guidelines, cite specific guideline provision and explain how my specific content violated it 3. CONFIRM GOING FORWARD: Clarify what content is permitted so I can comply (current guidelines are vague) 4. COMPENSATE FOR SUBSCRIBER LOSSES: Refund platform fees I paid on subscriber revenue for months when content was available, then removed ALTERNATIVE: If you refuse to restore content, I demand: • Clear written policy on what content is prohibited (not vague "inappropriate content") • Opportunity to edit/modify content to comply (if specific edits would make compliant) • Account closure with full payout of remaining balance + compensation for breach LEGAL CLAIMS: Breach of contract, promissory estoppel, [State] UDAP violation, tortious interference with subscriber relationships. Respond within 7 days. Sincerely, [Your Name]
Legal Challenges to Platform Actions
Section 230 Immunity
⚠️ Section 230 Barrier: Communications Decency Act § 230 gives platforms broad immunity from liability for content moderation decisions. Courts interpret § 230 to protect platforms' decisions to remove content, suspend accounts, or enforce ToS. This makes it very difficult to sue platforms for wrongful termination or content removal based on content itself.

What Section 230 protects:

  • Platform's decision to remove content (can't sue for "censorship")
  • Platform's enforcement of community guidelines (even inconsistent enforcement)
  • Platform's termination of accounts for ToS violations

What Section 230 does NOT protect:

  • Payment disputes: Withholding earned funds is not content moderation - § 230 doesn't apply
  • Breach of contract: Can sue for breach of ToS provisions unrelated to content moderation
  • State consumer protection laws: Unfair business practices (payment holds, deceptive practices) not covered by § 230
  • Discrimination claims: If platform discriminates based on protected class, § 230 may not apply
Arbitration Clauses

Most platform ToS require arbitration:

📋 Forced Arbitration: If ToS contains arbitration clause, you generally can't sue in court - must arbitrate. However, arbitration can be expensive for platforms (they pay arbitrator fees), giving you leverage. File arbitration demand even if claim is small; platform may settle to avoid arbitration costs.

Typical arbitration provision:

"Any dispute arising out of or relating to these Terms or use of the Service shall be resolved through binding arbitration in accordance with [Arbitration Association] rules. Each party shall bear their own attorney fees. The arbitration shall be conducted in [location]. YOU WAIVE YOUR RIGHT TO BRING CLASS ACTIONS."

Challenging arbitration clauses:

  • Unconscionability: Clause is so one-sided it's unenforceable (high bar; rarely succeeds)
  • Lack of mutual assent: Argue you never agreed to ToS (if account created before arbitration clause added)
  • Small claims exception: Many arbitration clauses exempt small claims court; if claim under limit, can sue in small claims
  • Statutory claims exception: Some state laws prohibit arbitration of certain statutory claims (e.g., wage claims)

Using arbitration strategically:

  • Platform pays fees: Arbitration filing fees ($1,500-$5,000) and arbitrator fees ($3,000-$10,000+) typically paid by platform
  • Settlement leverage: Platform may settle to avoid arbitration costs, even if your claim is weak
  • Mass arbitration: If many creators have similar claims, file hundreds of arbitrations simultaneously (overwhelms platform; forces settlement)
State Consumer Protection Laws (UDAP)

Unfair and Deceptive Acts and Practices (UDAP) laws:

Every state has consumer protection statute prohibiting unfair or deceptive business practices. These laws can apply to platforms:

State Statute Key Features
California Unfair Competition Law (Bus. & Prof. Code § 17200) Prohibits unlawful, unfair, or fraudulent business practices; no need to prove intent; allows injunctive relief and restitution
New York General Business Law § 349 Prohibits deceptive consumer practices; allows damages + attorney fees
Massachusetts Chapter 93A Prohibits unfair/deceptive practices; allows double or treble damages + attorney fees
Texas Deceptive Trade Practices Act (DTPA) Protects consumers from false or misleading practices; allows treble damages

UDAP claims against platforms:

  • Withholding payments without justification: Unfair practice
  • Bait-and-switch: Advertising creator-friendly platform, then arbitrarily banning creators
  • Deceptive fee disclosures: Hidden fees or unexplained fee increases
  • False ToS violation claims: Suspending account claiming violation when no violation occurred
Class Actions

Joining class action lawsuits:

If platform has wronged many creators similarly, class action may be filed:

  • Payment withholding class actions: Multiple creators experiencing same payment hold issue
  • Fee increase class actions: Challenging retroactive fee increases or deceptive fee structures
  • Account termination class actions: Systematic wrongful terminations

Arbitration class waiver problem:

  • Most platform ToS prohibit class actions ("You waive your right to participate in class action lawsuits")
  • Supreme Court has upheld class action waivers in arbitration clauses (AT&T Mobility v. Concepcion)
  • Exception: If class waiver is unconscionable or violates state law, may be unenforceable
  • Workaround: Mass individual arbitrations (hundreds of creators file individual arbitrations simultaneously)
Regulatory Complaints

Government agencies that regulate platforms:

Agency Jurisdiction How to Complain
State Attorney General Consumer protection, unfair business practices File complaint via state AG website consumer complaint form
Consumer Financial Protection Bureau (CFPB) Payment processing, financial services Submit complaint at consumerfinance.gov/complaint
Federal Trade Commission (FTC) Deceptive practices, unfair competition Report at reportfraud.ftc.gov
State Banking Regulator Payment processors (if state-chartered) File complaint with state banking department
Card Networks (Visa/Mastercard) Payment processor compliance with network rules Report to card network's merchant compliance department

Impact of regulatory complaints:

  • Individual complaint unlikely to result in your specific relief
  • BUT: If AG receives many complaints about same platform practice, may investigate and force policy changes
  • Regulatory pressure can supplement your individual legal action
Attorney Services - Platform Disputes
Platform Suspended Your Account or Holding Your Money?

I represent creators in disputes with subscription platforms (Patreon, OnlyFans, Substack, etc.). Services include: account reinstatement demands, payment release, arbitration filing, UDAP claims, and litigation for breach of contract and conversion.

Services Offered
  • Demand letters for account reinstatement
  • Demand letters for release of withheld payments
  • Arbitration filing and representation
  • Breach of contract claims
  • State UDAP (consumer protection) claims
  • Conversion claims for withheld funds
  • Payment processor disputes (Stripe, PayPal)
  • Regulatory complaints (AG, CFPB, FTC)
  • Platform ToS review and compliance advice
  • Multi-platform diversification strategy
Representative Matters
  • Recovered $47k in withheld Patreon funds via arbitration threat; platform released funds within 10 days of demand
  • Reinstated suspended OnlyFans account; recovered $28k withheld revenue + damages
  • Filed mass arbitration on behalf of 50+ creators against platform; platform settled and changed payment hold policy
  • Obtained small claims judgment for $8k against platform for wrongful account closure
  • Negotiated platform policy exception allowing creator to continue after ToS violation dispute
Why Platform Dispute Experience Matters
Specialized Knowledge: Platform disputes require understanding platform ToS, Section 230 immunity, payment processor regulations, and strategic use of arbitration clauses. I've represented dozens of creators against major platforms and know which legal theories work and which don't.
Fee Structures
  • Demand letter: Flat fee $450
  • Payment hold dispute: Contingency (33-40% of recovered funds) or flat fee + success bonus
  • Arbitration filing + representation: Flat fee ($3,500-$7,500) or hourly ($300-$500/hr)
  • Litigation (if no arbitration clause): Hourly ($300-$500/hr) or contingency (33-40%)
  • Platform ToS review: Flat fee ($500-$1,000)
  • Mass arbitration coordination: Custom fee structure (contact for quote)
Schedule a Call

Book a call to discuss your platform dispute. Whether your account was suspended, payments are being withheld, or content was wrongfully removed, I'll assess your options and recommend strategy.

Contact Information

Email: owner@terms.law

Frequently Asked Questions
Depends on platform's ToS and reason for suspension. Most platform ToS allow termination "at any time for any reason" (at-will termination), which makes it hard to sue. However, you may have claims if: (1) ToS requires termination only for "material breach" and platform can't identify any breach, (2) Platform's stated reason for suspension is false (pretextual termination = bad faith), (3) Suspension violates implied covenant of good faith and fair dealing, (4) Platform is withholding your earned funds (conversion claim separate from termination claim), (5) Suspension is discriminatory based on protected class. Best claim: Breach of implied covenant of good faith (even at-will contracts require good faith performance). Demand letter should: (1) Request specific explanation of violation, (2) Cite ToS provisions you complied with, (3) Demand reinstatement or buyout of your business interest. If ToS has arbitration clause, threaten to file arbitration (costs platform $5k+ in fees). Many platforms settle to avoid arbitration costs.
No bright-line rule, but indefinite holds likely unlawful. Platform ToS typically allow payment holds "pending investigation" of fraud or chargebacks. Reasonable investigation: 30-60 days. Extended holds (90+ days) without active investigation = likely breach of contract and conversion. Payment processor regulations (Visa/Mastercard network rules) also limit hold duration for merchants. If platform holding funds beyond 60-90 days: (1) Send demand letter citing ToS payment terms, (2) Request specific reason for hold and timeline for resolution, (3) Threaten arbitration/litigation for breach of contract + conversion, (4) File complaint with payment processor (Stripe, PayPal) and card networks, (5) File complaint with state AG and CFPB. Leverage: Platforms want to avoid arbitration costs and regulatory scrutiny. Many release funds quickly when faced with formal legal demand. If platform claims "fraud investigation," ask for details - if they can't provide specific fraud concerns, investigation is pretextual.
Check your platform ToS for arbitration clause. Most platforms (Patreon, OnlyFans, etc.) require binding arbitration. If ToS has arbitration clause, you generally can't sue in court - must arbitrate. Exceptions: (1) Small claims court: Many arbitration clauses exempt small claims court. If your claim is under your state's small claims limit ($5k-$10k), can sue in small claims despite arbitration clause. (2) Statutory claims: Some state laws prohibit arbitration of certain statutory rights (e.g., wage claims, some consumer protection claims) - check your state law. (3) Unconscionability: Can challenge arbitration clause as unconscionable if extremely one-sided (high bar; rarely succeeds). Strategy: Even if stuck with arbitration, USE IT. File arbitration demand. Platform must pay arbitration fees ($1,500-$5,000+ just to start, plus $3,000-$10,000 for arbitrator). Platforms often settle rather than pay arbitration costs. If you have small claim (under $10k), definitely try small claims court first - faster, cheaper, no attorney needed, and platforms often don't show up (you win by default).
Escalate through formal legal channels. Platforms often ignore user support emails. Next steps: (1) Send formal demand letter via email AND certified mail to platform's legal department (find address in ToS or corporate registration). Include: specific facts, legal violations (breach of contract, conversion, UDAP), deadline (7-14 days), consequences (arbitration, lawsuit, regulatory complaints). (2) File arbitration demand (if ToS requires arbitration). This MUST get response - platform has to pay arbitration fees and engage or you win by default. (3) File small claims lawsuit (if claim under jurisdictional limit and no arbitration clause). Sheriff serves platform; they must respond or you get default judgment. (4) File regulatory complaints: State AG, CFPB, FTC. Won't get you immediate relief but adds pressure. (5) Public pressure: Twitter, Reddit, creator forums. Tag platform's official accounts. Negative publicity sometimes gets faster response than legal process. (6) Payment processor: If platform using Stripe or PayPal, contact processor directly about withheld funds - processors have customer service obligations. DO NOT rely on platform's automated support emails. They're designed to frustrate you into giving up. Go straight to legal demands.
Depends on your leverage and subscriber portability. Factors to consider: (1) Can you export subscriber list? If yes (e.g., Patreon allows email export), migration is viable. If no (e.g., OnlyFans limits data export), hard to migrate. (2) How much money is platform withholding? If $10k+, worth fighting for. If $500, may be cheaper to walk away and rebuild elsewhere. (3) Likelihood of winning reinstatement: If you clearly didn't violate ToS and have evidence, good chance. If ToS violation is debatable, lower chance. (4) Time/cost of legal fight: Demand letter ($1,500-$2,500) may be worth it. Full arbitration/litigation ($5k-$20k+) only if large amount at stake. (5) Reputational impact: Being banned from platform may signal to subscribers/future platforms that you're problematic. May be worth fighting to clear name. BEST STRATEGY: Pursue BOTH simultaneously. (1) Send legal demand for reinstatement + withheld funds (deadline: 14 days). (2) While waiting, export any data you can and set up alternative platform. (3) Notify subscribers you're migrating (via email, social media, other platforms). (4) If platform reinstates you, great - keep both platforms running. If not, you've already migrated and minimized income loss. Don't put all eggs in one platform basket - diversify across multiple platforms always.

Creator Platform Disputes — When OnlyFans, Patreon, or Subscription Platforms Withhold Your Money

Content creators on subscription platforms like OnlyFans, Patreon, Fansly, and Ko-fi face unique legal challenges when platforms ban their accounts, withhold earnings, or terminate access without clear explanation. Unlike traditional employment or contractor relationships, platform Terms of Service often give platforms broad discretion to suspend or terminate accounts. Creators can lose months of accumulated earnings, subscriber relationships, and income streams overnight. Understanding your legal rights and how to challenge platform actions is critical for protecting your creator business.

Common Subscription Platform Disputes for Creators

Legal Options When Platforms Withhold Creator Earnings

While platform Terms of Service heavily favor the platform, creators still have legal options. First, review the ToS carefully for specific procedural requirements the platform may have violated. Second, demand an itemized explanation of the alleged violation and opportunity to cure or appeal. Third, if earnings are being withheld, argue that the platform has no right to retain money already earned for services already performed—even if account access is terminated. Fourth, review state money transmission and unclaimed property laws that may require platforms to release funds within certain timeframes. Finally, consider whether the termination was pretextual or discriminatory, which could support claims beyond simple breach of contract.

What Creators Can Recover From Platform Disputes

Demand Letters for Creator Platform Disputes

A well-drafted demand letter to a subscription platform should cite specific Terms of Service provisions, document the timeline of events (content posted, termination notice, withheld amounts), and demand concrete relief: reinstatement, payout of accumulated earnings, and/or data export rights. Include a clear deadline (10-14 days) and state you will pursue arbitration or litigation if the platform fails to respond. While platforms have significant leverage, legal demand letters often escalate your case to teams with authority to make exceptions—particularly when amounts are substantial or the termination rationale is weak. Always preserve evidence: screenshot your content, document earnings history, save all platform communications.