MEMPHIS—Jacqueline McKee, an adult internet model who works under the name Foxy Jacky, has filed a lawsuit with her husband and sometime co-performer, Justin McKee, against Meltech, Inc., a company run by Melissa Harrington, another internet-based performer, who performs under the name Melissa Midwest and also runs the Melissa Money affiliate program.
The allegations contained in the seven page complaint, filed Oct. 13 in district court in Memphis, are that winnings from a contest put on by Melissa Midwest and won by McKee in 2008 were not delivered her; that Justin McKee was never compensated for content published to FoxyJacky.com and other work he did for the site; that the defendant continues to profit from Justin McKee’s images, even after the contract with his wife was terminated in 2009; and that Justin McKee never signed a waiver or release authorizing the use of his images on the FoxyJacky.com website in the first place.
According to an Aug. 26, 2008 article on AVN.com, “Solo-girl Foxy Jacky recently launched her own site under the Melissa Money affiliate program and has since filled her Internet portal with salacious and revealing content.” The story has to do with a photo shoot featuring Foxy Jacky at a Memphis playground that drew criticism from locals.
The contest referred to in the complaint is still apparently underway, if the Melissa Midwest website is to be believed. Contest rules on the site read, in part (and please forgive the caps):
“WINNER OF THIS CONTEST WILL GET HER VERY OWN WEBSITE, A 13 MONTH CONTRACT, AND BE PAID $100,000 OVER THOSE 13 MONTHS THE FIRST $10,000 IS PAID WHEN WINNER MOVES TO LINCOLN! YES YOU ARE GOING TO BE MOVING TO LINCOLN NEBRASKA FOR 13 MONTHS BUT TRUST ME I WILL MAKE SURE WE HAVE SOME FUN WHEN WE ARE NOT WORKING. THE REST OF THE MONEY IS PAID OVER A 13 MONTH PERIOD WITH $10,000 BEING PAID OUT EVERY 3 MONTHS UNTILL THE LAST PAYMENT WHICH WILL BE THE FINAL $60,000!
“THAT’S NOT ALL! IN ADDITION TO THE $100,000 YOU WILL BE GIVEN A BRAND NEW CAR TO DRIVE AND YOU WILL HAVE YOUR OWN FULL FURNISHED APARTMENT ALL PAID FOR BY ME FOR THE ENTIRE 13 MONTHS YOU ARE HERE! I WILL SET YOU UP WITH EVERYTHING YOU NEED TO DO YOUR SITE RIGHT FROM YOUR APARTMENT. I AM TALKING A COMPUTER, CAMERA, WEBCAM, VIDEO CAMERA--WHATEVER! I WILL TEACH YOU EVERYTHING I KNOW ABOUT THE BUSINESS SO YOU CAN BE AS SUCCESSFUL AS POSSIBLE.”
FoxyJacky.com also is still live and being promoted on MelissaMoney.com, Harrington’s affiliate program. The site’s tour contains scenes with Foxy Jacky and a male partner who is consistently referred to in the first person as “my man,” a possible reference to Justin McKee.
The site also contains a link to a 2257 federal labeling and record keeping requirement statement that includes contact information for the site’s custodian of records, the unavoidable presumption being that records for all models appearing on the site, including Justin Mckee, are being kept by the custodian. An email address on the 2257 page where people can address questions belongs to Melissa Midwest.
The plaintiffs are seeking a combined amount of $700,000 in compensatory damages and additional punitive/exemplary damages to be determined during a jury trial.
The complaint can be read here.