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.
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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.
-----------------
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.
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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.
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