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All Time Low Drops Defamation Lawsuit, Says Probe Found ‘Smear Campaign’
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All Time Low Drops Defamation Lawsuit, Says Probe Found ‘Smear Campaign’

Jack Barakat and his band All Time Low say their investigation into anonymous allegations that they engaged in sexual misconduct proved that the claims were “false and harmful online rumours”. Now I’m asking for his dismissal the defamation and slander lawsuit they filed two years ago.

In a new court filing obtained by Rolling Stonethe band’s lawyer is asking the court to dismiss the case without prejudice, meaning the pop-punk quartet reserves the right to revive the action in the future. The complaint was first filed in 2022 against at least three anonymous defendants who alleged in social media posts that the group sexually harassed or assaulted teenage fans.

The central defendant in the case, Doe 2, was identified as someone who went online in 2021 and posted a lengthy statement claiming to be a former fan who was allegedly abused by Barakat. Using the handle @ATLstatement, Doe 2 claimed she was a 15-year-old girl who snuck backstage at a concert in 2011 and began a decade-long relationship with Barakat that involved alleged sexual abuse.

According to a new statement from the band’s lawyer, a lengthy investigation involving subpoenas and court orders determined that Doe 2 was actually several people who “wrote an elaborate, fabricated story pretending to be a fan who allegedly unbelievable and fake that he traveled with the band for more than 10 years.”

“There is no such person and no such incidents have occurred. Rather, an investigation revealed that Doe 2 was a smear campaign orchestrated by several people posing as a fake fan. Investigations have identified individuals behind the anonymous post who have gone to great lengths to conceal their identities,” attorney Michael B. Garfinkel of Venable LLP said Friday in a statement to Rolling Stone. “All Time Low has chosen to handle the matter privately and protect the identities of those behind Doe 2 rather than pursue further litigation at this time.”

Allegations against All Time Low began to go viral in 2021 after Doe 1, a TikTok user, posted a cryptic message under the name @mini.grew who claimed that “a famous pop punk band” offered her beer on a tour bus and asked her for a bra “for their ugly collection” when she was 13. The post didn’t explicitly name the band, but “gave easy-to-solve clues” that led it. in a consensus that the group was All Time Low, the band’s lawsuit said.

According to the complaint, a Twitter user named @spidahkii quickly stepped forward to refute Doe 1’s allegations. She claimed to have attended the concert with Doe 1, shared a photo purportedly of her at the event, and said Doe 1’s claims “never happened.” The lawsuit alleged that Doe 1 then admitted to posting her statements of “being mean to a peer” and made her video private.

A few weeks later, the handle @ATLstatement posted the statements attributed to Doe 2. Later that month, another Twitter user with the handle @dietsodasage posted a tweet claiming to have counted 97 allegations against the band. “If 97 people isn’t enough then I don’t know what to tell you,” wrote the user, identified as Doe 3. The Twitter account attributed to Doe 3 has since been deactivated, but the lawsuit included a screenshot of to a post attributed to @dietsodasage saying, “Feeling kinda weird about how people took my tweet about the atl situation :/ I did” It doesn’t mean things go that way, so it’s probably I will remain in secret for a few days.”

Garfinkel said in his statement that the band’s investigation narrowed to Doe 2 after “Doe 3 quickly retracted the post and Doe 1’s post was debunked by a friend.” That Rolling Stone previously reported, Garfinkel appeared at a hearing in June and said he was working with the State Department to compel two Panama-based Internet companies to track IP addresses associated with Doe 2’s social media profiles. A further hearing in the case was set for Nov. 13.

“The investigation proved what All Time Low has known all along — the allegations in the posts are completely and utterly false,” Garfinkel said in his statement Friday. “However, it took considerable time and legal resources to fully assure All Time Low’s business and creative partners, who placed their trust in the band, that the dismissed claims are irresponsible and without merit.”

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All Time Low’s three other founding members — singer and guitarist Alex Gaskarth, bassist Zack Merrick and drummer Rian Dawson — were listed as co-plaintiffs with Barakat in the lawsuit. The complaint was filed after the Maryland quartet was issued a capital statement in October 2021 calling the online claims “absolutely and unequivocally false.” The band issued a new statement on Friday after calling for the firing.

“This has been a difficult time for our band as we have struggled to clarify and debunk these false and harmful online rumours,” they said. “We remain deeply grateful to those who have supported us throughout this legal process, including our fans, our peers and our collaborators. With this case dismissed, we remain committed to continuing to promote a healthy and safe environment both at our concerts and within our fan community, and we look forward to the next chapter of All Time Low.”