All Time Low drops defamation lawsuit, says probe finds ‘smear campaign’

Jack Barakat and his gang Always low say their investigation into anonymous allegations of sexual misconduct proved the claims were “false and harmful online rumors.” Now they are asking for dismissal the libel and defamation case they had been pursuing for two years past.

In a new court file obtained by Rolling stonethe band’s lawyer asks the court to drop 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 @ATLstatement, Doe 2 claimed to be a 15-year-old girl who snuck backstage at a 2011 concert and began a decade-long relationship with Barakat, involving alleged sexual abuse.

According to a new statement from the band’s attorney, a lengthy investigation involving subpoenas and court orders revealed that Doe 2 was in fact composed of multiple people who “told an elaborate, fabricated story posing as a fan who incredibly and falsely claimed having traveled with the band for over ten years.”

“There is no such person and no such incidents have occurred. Research previously showed that Doe 2 was an orchestrated smear campaign in which several people posed as fake fans. The investigation identified individuals behind the anonymous post who went to great lengths to conceal their identities,” attorney Michael B. Garfinkel of Venable LLP said in the statement Friday 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.”

The allegations against All Time Low started going viral in 2021 after Doe 1, a TikTok user, posted cryptic message under the name @mini.grew who claimed that “a famous pop punk band” offered her beer on a tour bus and asked for her bra “for their filthy collection” when she was 13. The post did not explicitly name the band, but “provided easily resolved clues” that led to consensus was the group All Time Low, according to the band’s lawsuit.

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 of them supposedly at the event and said Doe 1’s claims “never happened.” The lawsuit alleged that Doe 1 then admitted that she posted her statements “to be disparaging to a co-worker” and made her video private.

A few weeks later, the handle @ATLstatement posted the statements attributed to Doe 2. Later that same month, another Twitter user with the handle @dietsodasage posted a tweet claiming to have counted 97 accusations against the band. “If 97 people isn’t enough, 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 a message attributed to @dietsodasage with the caption: ‘I feel a little weird about how people took my tweet about the atl situation :/ I didn’t’ Things aren’t supposed to go this way so I’ll probably stay private for a few days .”

Garfinkel said in his statement that the band’s investigation was limited to Doe 2 after “Doe 3 quickly retracted the post and Doe 1’s post was debunked by a friend.” If Rolling stone previously reported, Garfinkel appeared at a hearing in June and said he worked with the State Department to force two internet companies in Panama to track the IP addresses associated with Doe 2’s social media profiles. A follow-up hearing in the case was scheduled for November 13.

“The investigation proved what All Time Low knew all along: the allegations in the messages are completely and utterly false,” Garfinkel said in his statement Friday. “Nevertheless, it took significant time and legal resources to fully reassure All Time Low’s business and creative partners, who placed their trust in the band, that the debunked claims were irresponsible and baseless.”

The other three founding members of All Time Low – 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 an all-caps statement in October 2021 calls the online claims “absolutely and unequivocally false.” The band issued a new statement on Friday after requesting his resignation.

“This has been a challenging time for our band as we fought to clear up and debunk these false and damaging online rumors,” they said. “We remain deeply grateful to those who have supported us throughout this legal process, including our fans, our colleagues and employees. Now that this case has been dismissed, we remain committed to continuing to promote a healthy, safe environment both at our concerts and within our fan community, and we look forward to the next chapter of All Time Low.