Calblog

This is wayyyy out of my area of practice, of course, but I'd be willing to bet you could nail them under the SLAPP statute as well. This threat is so far out of bounds that I'd be tempted to report the attorneys to the bar if I were you.

I'm not an attorney, so I won't give you advice. If it were me, I'd get good representation from somewhere in blogdom. But I think you have the safe harbor nailed here.

The nature of their representative's "requests" seems to imply that they've had a lot of practice in this area. Wonder why.

Note to Movable Type: Comment system should insist on valid domains on email addresses at the very least. DNS lookup is easy.

An option should exist for a tiresome-but-necessary email-back verification for final posting. Not every blogger wants to permit anonymous posting.

Balkin says you're safe, but he can nuisance you into bankruptcy if you can't get pro bono representation.

http://www.mdcbowen.org/cobb/archives/001048.html

This has been brought to the bench before. If I remember correctly, you are protected under the Telecommunications Act of 1996. If you want, I'll dig through the 128 page document. If memory serves, you are held accountable for what you write, but not comments. It would be akin to suing your web hosting company for your blog content.

Should be drop kicked out of court on a demurrer.

commenters... it looks like justene is a lawyer (or else spends \way too much time in court and watching law & order)

when someone's in a deposition all day and mentions that she intends to defend this herself...

don't worry about the cash situation

pray for the other guy! never get in a personal fight with a lawyer... its expensive

This could be the end of blogging...

Twice, now, I have seen bloogers refer to their blog as "personal". As in, this is a personal blog, I don't want this controversy, please go away, blah blah blah. THERE IS NO SUCH THING AS A PERSONAL BLOG. You want personal, get a diary, write in IT, and DON'T SHOW ANYONE.

It appears to me that their underlying action is consumer fraud. I would recommend that you contact your State Attorney General.

It is bad enough that a firm might have "questionable" business practices, but they have gone an extra step by making threats.

If they want to sue me for this comment, please have them post a contact person on this thread and I will contact them and give that my address for service of process. Sounds like fun.

By the way, I posted a fake e-mail address. I am not sure why I should give out that type of info just to post a message.

Perhaps this case is relevant? From the Fourth Circuit:

Zeran v. America Online, Inc

129 F.3d 327

Kenneth Zeran brought an action against America Online, Inc, arguing that AOL unreasonably delayed in removing defamatory messages postd by an unidentified third party, refused to post retratctions of those messages, and failed to screen for similar postings thereafter. The district court granted judgment for AOL on the grounds that the Communications Decency Act (CDA) 47 USC Section 230 bars Zeran's claims...Affirmed.

Not legal advice, human support.

MANY of us are lurking, watching how this comes out. MANY of us smell a skunk, and it AIN'T YOU, Justene.

Stay strong, be courageous, be courteous and you'll have the Force with you.

I've linked to this and mentioned it on my blog. Maybe if a few hundred bloggers do that, anyone searching for "Infotel" will find lots of negative stuff about Infotel. Heh. That'll teach them not to wrongly hassle a blogger.

(Also, I'm ordering up a case of "Free Justene!" bumper stickers and placards, just in case we have to take this to the streets...)

The Communications Decency Act of 1996 says "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." 47 U.S.C. § 230(c)(1). It's likely that a blog and the comments section would fall well within this act. The Zeran v. America Online, Inc decision talked about above, says "§ 230 creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service."
My non-lawyer, layman, undergrad opinion is that any court would find this suit crazy. It looks just like an intimidation tactic, which hopefully leads to a counter-suit. :)

Fight the Power baby.

Fight the Power baby.

oh yeah! Fight like hell!
Take these bastards down.

...well.. that may be wishing for to much.
At least kick 'em where it hurts. :)

I'll blog on this. As someone in the midst of a SLAPP suit brought by a 'radio personality,' I know how draining it can be.

You have my support in this - not enough to move mountains, but maybe enough to get you a little help should you need it.

Come on, now...it ain't no fun unless you post the demand letter, so we can see who did it, and of what they are complaining.

Barry: not to worry - it will be up real soon. Keep an eye on my site over the next couple of days.

Justene, you're an attorney, right? I'll bet they didn't notice that. You know how "letters from an attorney" are used to intimidate people into doing all kinds of things that they aren't required to do.

My recommendation would be to reply on your letterhead and suggest that they don't know what they're getting into, but if they'd really like to be the poster child for companies who use threats to try to conceal possibly fraudulent practices, you'd be happy to oblige them. Let them know also that you'll make sure that the suit, countersuit, and trial get lots of media coverage.

Watch how fast they run away looking for an easier target. I'm not an attorney, but I have a boilerplate letter that I've used for years that basically tells them that this is their one opportunity to go away before I turn it over to my attorney for countersuit and start accruing legal bills which they will be required by the court to pay. The letter makes it clear that I'm not the slightest bit intimidated, and if they really want to pay their lawyers and mine to have their dirty laundry laid out in court for everyone to see, "bring it on." I've never had a reply, and I've never had a suit brought as a result.

We get "invoices" all the time from various directory companies. They're actually solicitations made up to look like invoices and addressed to Accounts Payable. Way down on the bottom in 6 point type is usually some text saying that this is an order form and that you pay it to order the services. But they're designed to try to fool some rushed bookkeeper into paying them. Some of the sleaziest ones come in with "Past Due!" on them. Whether they're legally fraudulent or not, I don't know, but I consider companies that engage in this practice ALL to be frauds.

We also get telemarketing calls telling us that they're "updating our listing" in their directory. That's probably what you got (if they contacted you at all and didn't just check you off a list to fill a quota). They're "just calling to check the address and contact information" blah blah blah -- and if you give it to them, you'll get a bill for the listing you "ordered."

Only once have I had one of these outfits say "you ordered it by phone." I asked them to prove it by providing me with the tape of my agreeing to be listed and to pay. ALL legit companies will do this when you place an order with a telemarketer. They couldn't provide the tape; I called the state attorney general and reported them for telemarketing fraud and, as they were an out-of-state firm, also filed a complaint with the FTC. They threatened to sue, got my "bring it on" response, and that's the last I ever heard from them. Without proof that I ordered it, they could NOT prevail in court, and we both knew it. Providing an address for "updating their files" or even "updating your listing" which one has not explicitly agreed to pay for is not a legal contract.

Justene, just a quick note to let you know that Atrios is backing you to the hilt on this one. Go check it out (click on my URL). He figures that you're an attorney and can defend yourself (which, as Ducktype notes, is something the clueless ones suing you haven't apparently figured out yet), but if you need help, give him a holler.

Yeah, Don Luskin attempted a similar idiot fishing expedition against Atrios, in part because of comment posts. When Atrios stood firm, Luskin caved. And in the meantime, was laughed out of the blogosphere. I think they're just sniffing around to see if they can intimidate you. Make sure when they pull their toes out of the water, they're good and scalded.

Here is the demand letter -- or at least what I figure it looks like.

I have written this company and told them of my disgust with their heavy handed tactics. I have seen these types of threats a couple of times over the last couple of weeks. In all 3 cases the companies/individuals who made the legal threats were all forced to back down. I would recommend everyone contact this company and let them know your opinion. Good luck with this, I have a feeling they will be backing off soon once all of the net geeks get wind of this and begin sending them negative emails by the bucketloads.

This one particular company sounds ripe for a class action lawsuit...lot of money to be had by those few that initate the filing and the attorneys that file too.

Call your state bar for the name of a good class action law attorney. Indeed if this company is billing people without record of contact - or without stating what the bill would be if someone request a publication - like it sounds for your discription.

Companys must do business in good faith and handle contracts in good faith. The company doesn't sound like any kind of good faith fbusiness at least not from the your discription....You may have a whopper of a countersuit coming-if in fact they'd billed other like you said they have-and blog are good for determing if company is fleecing people. Other call and "yeah, they billed me like that too.

The good news is that class actions lawsuits are based on contingency fees which means the lawyer handles all cost of the lawsuit and takes a portion (or a percentage of --like 1/3 generally) of the settlement when the case is settled - most cases settle unless this company is some kind of fly by night, that doesn't pay their bill and leave no forwarding address.

But your attorney will be able to determine this in short order.

Just call a class action attorney-- fill him in -She/ he will go from there-you don’t have worry about a thing after you call the attorney and attorney makes a few calls.

I not a lawyer, just an informed consumer....

Stick it to em!

Considering how Atrios, Al Franken and other groups were able to laugh off the lame lawsuits aimed at them, I think you are safe. Also, the white house satire site was able to defy Dick Cheney, so this intimidation tactic has no teeth, as far as I can tell. But it is so lame they are still trying to do it, because no one likes to get threatened.

I just want to heap scorn on the link above to a supposed "complaint letter," which actually turns out to be a pathetically unfunny and cringe-worthy racist joke.

Who is this character? What the HELL was the purpose of (mis)leading people to a smarmy little non-blog with a poorly executed "ironic" letter (so the author claims) about Africans, people with African-sounding name, and an imbecilic attempt at imitating an English-impaired African lawyer.

How revolting. Trying to bring attention to your lame non-site by leeching off of the interest in such an important issue.

Was anyone able to read this poor, desperately needy and awkward attempt at thinly-disguised racial humor and not feel a wave of revulsion and pity for the sad poster?

Other than that lecherous element, I am truly glad that I stumbled across this and fully support the author of this blog in her attempts to shut this scam-house down (at least I hope that's what she does.)

I encourage ducktape to post their letter template - it sounds useful. Good post ductape. Chillingeffects.org collects these sorts of letters. I note the blog owner is a lawyer and is such is probably not eager to file an attorney disciplinary complaint against the sender (if, on investigation, there are solid grounds for doing so) but the rest of us can. Or just mail them coconuts, that usually gets the point across. another aardvark.

Calm down, uppedante. Perhaps you get a big kick out of screaming "racism," but this time you just look silly -- because 99% of the people who read my letter understand that it is a parody of the Nigerian e-mail scams.

For the remaining one percent, the joke is now explained. Now go find something else to yap about.

Justene, if there is something we can do to actually help, please let us know. This must be incredibly frustrating.

I read the so-called parody letter by patrick. I am not amused. For idiots like this I put on a uniform all those years? To all young Americans - IT AIN'T WORTH IT! Black Americans (originally FROM AFRICA) have fought and died in every war for this? Malcolm X was right - racism is so deeply ingrained in this culture that nothing Black people do can change it.

This is so incredibly stupid I don't know where to begin. Have you never heard of the Nigerian e-mail scams?

If you really don't know what I am talking about, I give a full explanation here.

Nice to know that you are now telling young people that it's not worth it to defend this country. Lovely.

Oh come on, Patterico - I guess maybe your blinders/filters are on now because some chump is attacking you in the blogosphere, but it shoulda been OBVIOUS that the last post was a hilarious joke.

C'mon now, "Malcolm X was right?" From a parody of a Nigerian E-mail scam letter? That is deadpan so dead that the corpse is just a pile of bones by now...

Uh, ok. If you say so.

This is all reminding me of a line from Spinal Tap:

It's such a fine line between clever and stupid.

Someone tried to get money out of me for comments left by third parties on my blog - defamation. Claimed thousands of dollars in costs and I told to stick it. I actually wanted them to sue me because I knew that the blogworld across the while world would support me as I will support calblog. It is a case of there but for the grace ...

We know they are trying it on but nevertheless, spekaing from comparable personal experience, when you get that letter it makes your heart flutter until you have thought it out and worked out where you stand.

Is it Infotel threatening to sue you? I wonder where they find the time, between all the puppy-kicking, baby-lobotomies and porcupine anal sex they do at their cult headquarters.

Perhaps they should find a new hobby, like lame satire. It helped me break those habits.

;^)

Give 'em the old whatfor !

Zithromax antibiotic info.

Parents need more kid safe web sites! We cant let our kids surf the web without
being directed to some inappropriate site. Dont believe me? Do a search on
Pocahontas and watch how many inappropriate sites come up. Even major kids
search engines only block certain words, there are ways around that. The only one I
have found so far was at http://www.netsx.org , I dont know about most parents
but we dont have time to monitor our kids every second when they want to go on
the computer. Anyway rant off.

Background Check - Background Checks

That was a good post, thank you!

To succeed in the world it is not enough to be stupid, you must also be well-mannered. Voltaire (1694 - 1778)

True is it that we have seen better days. chuck Glory is like a circle in the water, Which never ceaseth to enlarge itself, Till by broad spreading it disperses to naught.

O, how this spring of love resembleth The uncertain glory of an April day! trevor The soul of this man is in his clothes.

Is this a dagger which I see before me, The handle toward my hand? Come, let me clutch thee. I have thee not, and yet I see thee still. Art thou not, fatal vision, sensible To feeling as to sight? or art thou but A dagger of the mind, a false creation, Proceeding from the heat-oppressed brain? mike Silence is the perfectest herald of joy: I were but little happy, if I could say how much.

Let me have men about me that are fat, Sleek-headed men, and such as sleep o' nights: Yond Cassius has a lean and hungry look; He thinks too much: such men are dangerous. mike O, woe is me,To have seen what I have seen, see what I see!

But to my mind, though I am native here And to the manner born, it is a custom More honoured in the breach than the observance. vinnie It is a wise father that knows his own child.

Love looks not with the eyes, but with the mind. trevor Come unto these yellow sands, And then take hands: Courtsied when you have, and kiss'd The wild waves whist.

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I need help could some anyone tell me or show me how i can sue a person for property Damage i want to rep my self i just don't know how to do the paper work and i have been robbed for over 1000 dollars by one Attorney already could you help asap

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