Acacia and possible border line Extorsion with mass mailings? - GoFuckYourself.com

Gateway69 · 10-29-2003, 05:22 PM

something i posted on Ynot.. figured it might be good to post here. excuse my spelling :/

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Ok, before I go into my rant i have to say i have been reading alot of webmaster boards about people getting letters and this is all starting to sound like what Direct TV did a while ago to about 50,000 plus people who bought smart card readers (which are legal btw)

anyhow this seems like some sort of mass mailing and could border line on extorsion. Granted this is my opinion but i have seen alot of the tatcis laid out now to adult webmasters that happend recnetly to DTV people.

you get hit with a generic letter stating you are vilotating some things and you are asked to pay out X amount which is usualy under 5k which is where alot of lawyers start their retainer fees.. so either you pay X more to fight them ot their Amount which would cost less than fithing .. its pretty lame to have this happen and for a mass mailing to happen which seems obviously someone gave up their webmaster list that included how to contact the webmasters it doesnt Hurt Acacai to send out carbon copies of their letter , they are prob expecting a certain precent to pay due to scare tatic which works with a alot of people .. Hell who likes to get these types of legal letters in their mail there is always a certain quick panic that sets in when you open something like this.. and well alot of people cant afford someone to help them fight .. its a bad situation.

has anyone filed a class action suite agains them yet? I think if you look back at alot of the DTV suites and class actions their might be something to use for the mass mailing..

who knows im in no way a lawyer its just my opinion here.

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more.\

oh something i found about extorsion.. if any lawyer can comment that would be nice.

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3.2.3 What are the Extortion Law issues?

Extortion is not only a crime under the law of California as well as the law of most if not all other states, but it is also a civil "tort" (violation). In California, the tort of Extortion is committed when one person makes false threats or threatens to bring a false claim against another person unless money is paid and the money is actually paid. The tort is not "complete" until the money is paid or something of value given away.

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The Demand Letters violate Business and Professions Code section 17200

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3.2.2 What are the Civil Rights Law issues?

California Civil Code section 52.1 protects all persons from coercive interference with their civil rights. Basically, the plaintiffs contend the Demand Letters are an attempt to interfere with the class members' civil rights to be free of extortion and defamation of character, etc.

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this was taken from another class action suite not pertaining to Acacai but maybe some thoughts would come out of this.

theking · 10-29-2003, 05:35 PM

There is an easy answer...ask your attorney?

Honeyslut · 10-29-2003, 05:43 PM

Gateway,

You should read the sig rules before you end up with no sig

theking · 10-29-2003, 05:51 PM

Quote:

Originally posted by Honeyslut
Gateway,

You should read the sig rules before you end up with no sig

Honeyslut · 10-29-2003, 05:51 PM

I usually don't say anything but it was killing my eyes

LOL

Gateway69 · 10-29-2003, 06:15 PM

heh, screw my sig, but this is more important than pointing out peoples sigs, but i guess all the info posted was glossed over..

go figure.

theking · 10-29-2003, 06:56 PM

Quote:

Originally posted by Gateway69
heh, screw my sig, but this is more important than pointing out peoples sigs, but i guess all the info posted was glossed over..

go figure.

I do not think you are an attorney...the proper response to your post is to consult your attorney.

10-29-2003, 05:22 PM	#1
Gateway69 Confirmed User Join Date: Jul 2002 Posts: 1,510	Acacia and possible border line Extorsion with mass mailings? something i posted on Ynot.. figured it might be good to post here. excuse my spelling :/ --------------------- Ok, before I go into my rant i have to say i have been reading alot of webmaster boards about people getting letters and this is all starting to sound like what Direct TV did a while ago to about 50,000 plus people who bought smart card readers (which are legal btw) anyhow this seems like some sort of mass mailing and could border line on extorsion. Granted this is my opinion but i have seen alot of the tatcis laid out now to adult webmasters that happend recnetly to DTV people. you get hit with a generic letter stating you are vilotating some things and you are asked to pay out X amount which is usualy under 5k which is where alot of lawyers start their retainer fees.. so either you pay X more to fight them ot their Amount which would cost less than fithing .. its pretty lame to have this happen and for a mass mailing to happen which seems obviously someone gave up their webmaster list that included how to contact the webmasters it doesnt Hurt Acacai to send out carbon copies of their letter , they are prob expecting a certain precent to pay due to scare tatic which works with a alot of people .. Hell who likes to get these types of legal letters in their mail there is always a certain quick panic that sets in when you open something like this.. and well alot of people cant afford someone to help them fight .. its a bad situation. has anyone filed a class action suite agains them yet? I think if you look back at alot of the DTV suites and class actions their might be something to use for the mass mailing.. who knows im in no way a lawyer its just my opinion here. ----------------- more.\ oh something i found about extorsion.. if any lawyer can comment that would be nice. -------------- 3.2.3 What are the Extortion Law issues? Extortion is not only a crime under the law of California as well as the law of most if not all other states, but it is also a civil "tort" (violation). In California, the tort of Extortion is committed when one person makes false threats or threatens to bring a false claim against another person unless money is paid and the money is actually paid. The tort is not "complete" until the money is paid or something of value given away. ------------ The Demand Letters violate Business and Professions Code section 17200 ------------ 3.2.2 What are the Civil Rights Law issues? California Civil Code section 52.1 protects all persons from coercive interference with their civil rights. Basically, the plaintiffs contend the Demand Letters are an attempt to interfere with the class members' civil rights to be free of extortion and defamation of character, etc. --------- this was taken from another class action suite not pertaining to Acacai but maybe some thoughts would come out of this. __________________ Gateway - Tech Guru Dreaming Computers IG

10-29-2003, 05:35 PM	#2
theking Nice Kitty Industry Role: Join Date: Sep 2002 Location: The good old USA!!! Posts: 21,053	There is an easy answer...ask your attorney? __________________ When you're running down my country hoss...you're walking on the fighting side of me! FOR THE LYING LOWLIFE POSTING AS PATHFINDER...https://gfy.com/fucking-around-and-pr...athfinder.html

10-29-2003, 05:43 PM	#3
Honeyslut Confirmed User Industry Role: Join Date: Jan 2001 Location: Ass Valley, Ca Posts: 6,436	Gateway, You should read the sig rules before you end up with no sig __________________ http://nakedlunchnews.comWhat's up ? Naked Lunch News !

10-29-2003, 05:51 PM	#5
Honeyslut Confirmed User Industry Role: Join Date: Jan 2001 Location: Ass Valley, Ca Posts: 6,436	I usually don't say anything but it was killing my eyes LOL __________________ http://nakedlunchnews.comWhat's up ? Naked Lunch News !

10-29-2003, 06:15 PM	#6
Gateway69 Confirmed User Join Date: Jul 2002 Posts: 1,510	heh, screw my sig, but this is more important than pointing out peoples sigs, but i guess all the info posted was glossed over.. go figure. __________________ Gateway - Tech Guru Dreaming Computers IG