I received an email from my ISP informing me that information about me was subpoenaed in connection to a lawsuit. What is it about?
Welcome to the club of 200,000+ victims of predatory lawsuits, kind of scam but with one difference – scammers, a.k.a. copyright trolls, albeit being unethical, usually don’t break any written laws, so you cannot just report them to authorities, it will not work. They don’t break the Law, they abuse it. To learn more about this extortion scheme, read About.
DO NOT PANIC
What should I do?
You have two options.
- Do nothing. Your case may be dismissed prior to the date ISP is set to reveal your personal details to plaintiff. If the case is not dismissed, and the troll eventually gets your name, you will start receiving threatening letters and phone calls. Keep reading to understand how to deal with these threats.
- Try to fight back. File a motion to quash the subpoena or dismiss multiple Does. An outcome of such a motion is uncertain – it is really depends on the judge, and since it costs virtually nothing to you, it is worth trying. Even if you don’t succeed, your effort is not in vain: judges’ awareness of this scam grows, and if this judge receives many motions like yours, it may alter his initial opinion on the matter. In addition, trolls normally write and file an opposition to every motion; therefore they spend their time. And more of a troll’s time is wasted, less time he has to inflict damage to the society.
I decided to file a motion. Do I need a lawyer?
Hiring a lawyer at this phase has some advantages: judges will more likely listen to a lawyer than to a pro se defendant, but I don’t think you should spend money at this stage: it is uncertain if a troll can get your name at all. Note that there are good templates that you can use for your motion.
What should I write?
Read this post, download the file linked from it, and modify it accordingly. Don’t forget to specify your e-mail address. I recommend creating a disposable e-mail account (aol, yahoo, hushmail, etc.) specifically for this case – the answer to “Should I specify my name or should I file anonymously?” question explains why you should do that.
The mentioned post’s comment section is very active, so if you have a question, don’t hesitate asking it there: there are many people who are willing to help. Also, visit DieTrollDie’s blog – it has more motion templates, articles and discussions.
How do I stay informed about developments in my case and/or similar cases?
If your motion is filed with the court and you specified an email address, all the new documents for your case will be sent to you as soon as they are filed.
Otherwise it’s hard to get details on a particular case unless it’s been involved in a recently interesting and newsworthy decision or you find one of the Does. Best bet is to get a PACER account and then get Firefox and run the RECAP plugin. This extension merges the regular PACER database with the free records archive maintained by RECAP. When you access PACER with the plugin installed it modifies the pages displayed so if the document is already in RECAP’s archive you can view it for free. If the document is not in PACER, when you download it (it costs $0.08/page from PACER – will be $0.10 starting March 2012) the RECAP plugin will automatically upload it to their database so that you and others can view it for free in the future. It sucks that PACER charges, but for these cases the documents are not that big and if you rack up less than $20.00 in a quarter, they’ll actually waive the fees. Chances are if you just need to follow your own case or keep tabs on a couple interesting cases you probably won’t end up having to pay. It’s also a great thing to do for the community as the more people browse PACER with RECAP the more documents become openly available and the more we all learn.
You can also search the RECAP archive for cases and find documents that others have uploaded, however I strongly recommend going the PACER account/RECAP plugin route as I have found that the index for their web search is very out of date relative to what is available when using the plugin.
If you want just to check if a new document is filed in a case, you can use RFCExpress: although their prices for documents are ridiculous (many documents they sell are available for free elsewhere), unlike PACER, they don’t charge for the document listings, just make sure you scroll down to the bottom of the document list and hit the “Request List Update” button.
Is it legal to share court documents I received by email or downloaded trough Pacer?
Absolutely! Court documents are in public domain and can be distributed freely. You can legally upload the documents to a free pdf hosting service, like Scribd, but I suggest using Recap service as detailed in the previous paragraph.
Should I specify my name or should I file anonymously?
Technically you cannot litigate in a court anonymously, but it is up to the judge. Your goal is not to litigate, but to give the judge an opportunity to make an informed decision. Some judges don’t know the real goal of these lawsuits and how impudently trolls are abusing the judicial system to enrich themselves. So your motion can educate judges. Some judges are angry at trolls but don’t have an excuse to dismiss your case, so your motion can be that excuse.
What should I send with my motion, and where should I send this?
You should sign both the motion and the certificate of service. Also, you may want to attach a proposed order (see an example here).
You have to send a copy of the motion to plaintiff’s council – his address is specified on every court document he files. You don’t have to include a copy of a proposed order.
I recommend using priority or other certified mail with delivery confirmation: this way you will be sure that your motion is delivered, and the troll won’t be able to claim that you failed to serve a copy to him.
If you fight anonymously, make sure that you don’t reveal your address. You cannot send a certified mail without a return address via a postal clerk: he will not accept it, and specifying a fake address is not a good idea – you don’t want to break the law and commit a fraud. In this case you should either buy priority mail stamps or use an automated mailing center.
Envelopes of anonymous filings are usually filed with motions, so everyone will know where you will have sent your motion from. If eventually the troll learns your address, it will not be difficult to calculate the addressee. Since trolls want to discourage defendants from fighting, you will possibly receive a “special treatment”, i.e. will be selectively prosecuted, the settlement demand will be increased, etc.
Hence, I recommend asking your friend in another state to re-mail your motion. If you estimate that many defendants live in your state/city, you can drive a couple of counties from your home to mail it. Alternatively you can use a remailing service like this one: it is very cheap.
I received a letter from a lawyer accusing me of copyright infringement and demanding money. Should I pay?
No. Albeit lawful, this is a known scam. By paying you make this scam sustainable, so paying is harmful not only to you, but to society in general. Read the About page and the blog posts for more information.
Plaintiff’s lawyer politely asks questions over a phone or in an e-mail. He sounds friendly and assures me that I have nothing to worry about if I’m innocent. Should I answer his questions?
No. Since the “evidence” against you is very weak, he will try to provoke your self-incriminating statements. Sometimes it is hard to see how your no-nonsense words can be used against you, but those lawyers are professionals in twisted logic, so they attempt to use your statements to increase pressure to settle.
So what should I say/write?
Just hang up / ignore his emails. If for any reason you want to communicate with plaintiff’s lawyer, consult with an attorney first, and not just any attorney, but one with experience in copyright litigation field and have a good reputation.
I was named in a lawsuit and served with the summons and the amended complaint. What should I do?
At this point it is not wise to ignore this matter, so you must reply. You may want to hire a lawyer, it is up to you: a motion from a lawyer weights more than any pro se filing, plus lawyers can notice troll’s procedural errors and the case can be dismissed based on those errors before merits are considered. On the other hand, many judges are more tolerant to mistakes in pro se filings than to lawyers’ errors.
Why can’t I just ignore this matter as I ignored ransom letters?
In civil cases if a defendant fails to answer to the complaint, so called “default judgment” will be issued by a judge. Law is law, no matter how unfair it is, judges are bound by it. They can in theory lessen the amount claimed by plaintiff, but still the resulting fine will be most likely disastrous for you.
Can I just refuse to accept certified mail, so the troll wouldn’t have a proof of delivery?
Although it is technically not illegal to refuse mail, some judges still may treat you as if you received the court documents. In some jurisdictions, even sending a certified letter constitutes a proof of service. So I wouldn’t recommend playing this game.
Can I proceed without a lawyer in this case?
If you don’t want to spend money on legal help, which is understandable, you may try to file an answer to complaint yourself. Fortunately, there is a growing pool of good samples. For example, look at this one.
What happens next?
Based on my observations, you will most likely be dismissed without prejudice eventually. Expect more attempts to push you into settlement and threats of trial, these are largely hollow threats. One exception: if you are wealthy, trolls can dismiss you without prejudice and sue you in your jurisdiction. But if you are wealthy, you will be able to hire a good experienced IP lawyer, and you wouldn’t be reading this FAQ in the first place.
What is the difference between being dismissed with or without prejudice?
If you are dismissed with prejudice, plaintiff cannot sue again based on the same allegations. Otherwise he can file a new lawsuit against you.
You probably saw many notes of dismissal in court documents. When you see a mass dismissal with prejudice shortly after ISP supplied plaintiff with names, it translates into the fact that those people paid ransoms. If someone is randomly dismissed without prejudice, then most likely troll finds it impractical to pursue this particular defendant for variety of reasons, but he wants to be able to keep this person on the hook, just in case, or he is resolved to pursue these defendants individually in proper jurisdictions.
I see some cases when people are sued individually in their home states. I’m afraid that this can happen to me as well, and I will be financially devastated. Isn’t a settlement my best option?
Many bad things can happen to us. Think about it in statistical perspective. You are scared – this is the exact reason why these individual cases were conceived in the first place – to show everyone the intention to sue you no matter what. This is a bluff. The troll will be financially ruined if he chooses to sue everyone individually. Also, most likely he will proceed with an individual suit if he learns that you have some assets he can take from you. Another possible reason is to vindicate for your loud opposition: not surprisingly trolls try to discourage people from fighting back. So if you chose to fight, do it anonymously.
Fight © Trolls 
Hey guys,
Can anyone please comment on http://www.copyright-complaints.com/11-CV-07564-JGK.pdf ?
Have been sent a letter from my ISP (Time Warner) and looking to file a motion to quash subpoena. The filing I received from the ISP says its from the USDC for the Eastern district of Virginia, and the in parenthesis (If the action is pending in another district, state where: Southern District of New York). Do I send the motion to the Southern District of New York court or the Eastern District of VA? Can someone help me locate the address? The websites are confusing. Thanks for all the advice thus far!
A cursory PACER review of the action indicates it is pending in the Southern District of New York with permission being granted to issue third party subpoenas on 11-16-2011 and a single motion to quash being filed on 1-6-2011. No decision on the motion as of yet. Double check with the clerk of the court but, in my case, the sloppy troll issued the subpoena with the heading of a different District Court and the actual District Court included in the heading below the main heading. I think this is common because either the trolls are (a) using boilerplate forms provided to them from Super Trolls who control the litigation from afar or (b) they are inexperienced former divorce attorneys or ambulance chasers who are overwhelmed.
Maybe both (a) and (b) in all likelihood.
My mom has also got a letter from Neustar and RCN is my provider in the Boston area and Alejandra Albuerne is the Lawyer from Florida. But I would think that the “Target IP” on the letter is the one from the computer we use?
But Yesterday I called RCN because my mom does not speak english and I told them about this IP Address and they told me that its not even close to any of the IP Address on our acount and started to tell them about this letter I’ve recieved and they told me to fax it to them so they can check it out and see if its real or fake.
But as of now I really dont know what to do because we have a wireless router and we never put on a password on it and we live in a apartment building and what I’m thinking is that some one used our internet to download something, But the thing is that the wireless router has been with out a password for years and now we get some letter about this crap and I really don’t know what to do!
You are doing the right thing by verifying the IP address with the ISP. If they give you something in writing that states the IP isn’t yours, then your good to go. Please tell us if the Troll screwed up.
DieTrollDie 🙂
That would be so nice if they did screwed up, because I called RCN again and asked if I can get a list of IP address on the month of November in 2011 to check if it matches and they said there is no way to get that information but the guy who I talked to told me not to worry that this is a spam and that they just want money because he said the IP Address on the letter does not match with the IP address I have right now.
But the weird thing is that there is a web site to check the location of IP Address and I looked up the one I have right now and it shows up in the map kind of close to were I live and then I looked up the one on the letter and it shows up on the exact location were mine is on the map, it does not make any sence if thats not my IP Address?
Sounds like first thing to check is whether RCN assigns dynamic or static IP addresses to customers. A customer’s dynamic address changes regularly, maybe daily. If the RCN person was not correct, the dynamic IP address could have been assigned to you on the alleged date.
If the RCN person was accurate, a static IP address would stay the same. In that case, as JD 1-414 notes, get written documentation from the provider that the I.P. address is not yours.
If your mother answers the phone and speaks a little English, prepare her to AVOID SPEAKING TO THE TROLLS.
Trolls would only be calling if discovery is granted. Find out more about the case but AVOID speaking to the trolls, even to explain innocence.
Alejandra Albuerne is a paralegal for the Keith Lipscomb (Lipscomb, Eisenberg & Baker, PL), who is running many of these cases, involving many thousands (or more) of Does.
Thats a little to late….. Since I didnt know about this stuff, the first thing I did is call the numbers on the paper to find out why my mom is getting this paper and eventually I ended up with some guy from california on the phone telling me about whats going on and saying that all charges can be drop witha settlement for around $3K if we dont wait until the cort date on the paper to release my moms info and I got in a fight with the guy over the phone and after reading this page I realized I did a mistake by calling these people…….
From what you have said, it doesn’t sound like you screwed up anything. Just please write everything down from start to now. That way you will not forget what was exactly said to whom on what date, etc. As far as your wireless router, go into it and take screen shots of all the pages for the various sections (set-up, wireless, security, etc.); and especially the unknown computers that have used your Mom’s network without her permission. This is a screen shot of a Firewall/Router DHCP page showing system that have connected to the network (http://dietrolldie.files.wordpress.com/2012/02/dhcp1.jpg). Make note of all the unknown computer and other network enable devices. In this one there are a couple computers, an unknown (no name device), a phone, and a DVD player.
I would also get someone to help you secure the network, as the Troll may claim later that you were negligent in not securing it once your Mom was informed of the allegation. It is a crap argument, but it does look better for you.
Follow up with the ISP and get it in writing if they screwed up and it wasn’t your information they released to the Trolls. If that is the case, send the Troll a copy of it along with a memo to leave your Mom alone, as she did not do this. Please keep us advised what happens with this.
Even if the ISP comes back and states the IP address was yours at the specific date/time, don’t stress out and DON’T send the Troll any money. I would not hide from the Troll. Here is the standard reply to Troll accusations: (1) My mom did NOT do this. (2) There is no evidence on my systems. (3) I will fight you in court if need be. (4) Have a nice day and don’t call back. Don’t try to reason with the troll, as they don’t really care; all they want is the money. Don’t let them talk about negligence (not securing the Firewall/Router) – it is a BS argument.
Stay strong.
DieTtrollDie 🙂
I think did DTD meant in the standard reply: “(1) My mom did NOT do this.”
Crap! I hate when I do that. 😉 Corrected.
DTD 🙂
I don’t know if this will be a problem but in December my Uncle gave us a new wireless router for the holidays because the one we had was old, so when I installed the new wireless router I learned to put a security password. So our Internet is now secured.
Also how I said that I called the numbers on the letter and eventually I ended up with some guy named Bill Higens from california on the phone telling me whtas going on and I was fighting with him on the phone and he gave me his number because I told him I was going to call him back to see what my mother would say about the settlement fee but I never called him back because I found this page, but when I called him I called him from my work phone and the guy just called my work phone right now and one of my coworkers picked up and told me it was Bill Higens asking for me and I just hanged up the phone.
I would tell Mr. Higens not to call your work number from now on. I would give him the above mentioned response and do not discuss ANY details of your family or network.
DTD 🙂
As far as getting new firewall/router, that is not an issue as it happened before you were notified. If it is still around, don’t get rid of it yet. Put it in a box and write down when your replaced the old one and why.
DTD 🙂
So when I called RCN last week about this Neustar letter but it has a diffrent IP Address on the letter from the one I have right now, the guy I talked to told me not to worry because its a diffrent IP Address and said that IP Address dont change because they are like phone numbers or social security numbers and that this letter is probely a spam letter jut to get money. But I called again yesterday just to make sure and this person I talked to said that IP Addresses change all the time that every time you go online they change and she said that this letter from Neustar is real and she told me I should get some help from public defender or legal aid for those who dont have alot of money like us or get a lawyer to help. She also said that this can get so bad that my mother might even go to jail and if they want evedence they might take the computer for evedence to check it out. To tell you the truth I’m realy stress out because March 06 is the deadline when RCN gives my mother information to these people and thats right around the coner and I just dont know what to do!
First and foremost, your Mother will not go to jail, this is a civil case, not criminal.
It looks like this is one of the Patrick Collins cases from Florida. My suggestion to you is to look through this discussion https://fightcopyrighttrolls.com/discussions/florida-cases/
There are several attorneys that have posted throughout that discussion. It would probably be a good idea for you to contact one of them.
Is Neustar still sending out letters that mention the plaintiff attorney’s number twice without giving customers an alternative perspective ? Has the wording been checked to see if it is the same letter ?
This gives a customer the impression that calling the troll lawyer will be a neutral thing. A customer who called the troll would face a threatening demand or might release information that would amount to discovery.
Neustar is pushing ISP customers toward settlement with a bad letter. Can Neustar be directly notified that this letter acts against the best interests of customers. This leaves Neustar open to complaint both from ISP’s and from customers.
Yes they are. I received a form letter just like this in mid-January except it mistakenly identified a paralegal as the attorney. They sat on the subpoena for almost 30 days before notifying me, leaving me with 5 days to file any motions. Other have received the letter after the deadline to file motions had passed. Terrible, unethical way to treat customers.
Should I mail my MTQ from another state or using a re-mail service even if the case is against 3932 Does?
Does anyone have any updates for the XPAYs, Inc v. John Does (United States District Courts for the Eastern District of Texas) case? The troll lawyer is Kevin Harrison Law in Corinth, Texas. I received a letter from my ISP back in early January. They said they will submit my contact info to the trolls after January 30, 2012. Any updates on this case is greatly appreciated. Thanks for your help.
Recently I was sent a notice by my ISP that my information was being subpoenaed in relation to a case in Florida, a Millennium TGA vs John Does case. I came to this site and looked up some of what I can do and finally consulted several attorneys on my options. Now I should say that I am not wealthy. In fact, I’m flat broke. I couldn’t afford even the lowest rate for any attorney to file a motion to quash on my behalf. However I spoke with a reputable attorney in Florida (a very nice gentleman and very helpful considering I wasn’t paying him). I explained my situation and he told me that if I couldn’t afford the motion to quash, which wasn’t foolproof anyway, to just ignore it and wait and see. He told me that they might come after me with the threatening letters, etc that I’ve read about on here, but then again they might do nothing. He told me he had represented hundreds of defendants in these cases and made me feel very confident he knew what he was talking about.
Ok so I did nothing in response to the motion and then a week later I received my first letter from the Prenda law firm saying they wanted $3400 by Feb 21st or else. Now the advice I was given by this attorney who consulted me was to find an attorney in my home state (Mississippi) and get him to send a letter back in response telling them my intention not to pay them a dime and have my day in court first. His logic was this would most likely cause them to back off and I wouldn’t have to deal with them again. Well I haven’t got the money to pay an attorney to send such a letter so I’m pretty much screwed. I have no option but to ignore this first letter. I assume I will recieve more based on alot of the comments I have read here and other places. My questions are to anyone who has been through this before: Will they just send letters or will they sue me? I am a poor man and I live in a poor state. I was told that because I don’t live in Florida or Illinois or one of the states this firm is based in that the chances of them pursuing litigation is slim. Well, slim is more than none. Honestly I guess I’m just looking for some hopeful encouragement from someone else who is going through or has gone through this before. For what it’s worth I know if this went to court I would win for the simple reason I can prove I was not even in this state at the time they claim I was downloading porn, let alone using my IP address. But to even get that far will cost me alot more than I can currently give. I don’t have any other option but to ignore this first letter as I can’t afford to retain an attorney right now. But I would really appreciate someone telling me what, from their experience, the next steps will be from this law firm coming after me. I know they won’t just go away but are they simply going to harrass me or am I almost certainly going to wind up in court? Does the fact that I have next to no assets help me in any way? Meaning, will they come after me even if I’m poor as dirt? Any information anyone can give me would be greatly appreciated. Thank you in advance for advice and help.
Bk,
Prenda law has a history that is clearly visible by going to rfcexpress or PACER and reading these blogs. They have been at this for over a year and have sued 1 guy! And in that case a roommate basically handed him over on a silver plate. Even in that case Prenda has been very passive and is really just trying to get the guy to settle. They do not want to actually fight this in court. Considering they really aren’t aggressive with people even in states they have representation then I would say you basically have little to no chance of being sued in your state where they have no representation.
Doe X,
Thank you so much for your speedy and courteous reply. I do feel better reading that and I will certainly go to those sites and check out the information from others in this situation. I was told by an attorney pretty much exactly what you said but it’s always nice to hear some corrobation. I won’t get overconfident on the slim chance I’m the one in a million guy they decide to make an example of, but it does ease my mind some to know the odds are in my favor this won’t amount to much more than harassment. As I have yet to receive phone calls or anything like some of the others I’ve read about on here, I can consider myself fortunate that so far its just a mildy threatening letter.
One last question for you or anyone else who has been through this process: how long does the harassment generally last before they give up or before you are served with a summons? I realize there’s probably no exact answer to this but any ballpark idea would be appreciated. Thank you already for your reply. It is very much appreciated and has helped ease my mind this morning before work.
Hello! I’ve been reading all the information on this site. I came here through a series of Google searches based on curiosity.
I received a DMCA email from my ISP, Charter, twice last month but hadn’t noticed it until yesterday. I hadn’t check my email mainly because I’ve been busy and also cause I only expect to get bill payment reminders on my email. I was checking on an Amazon order and noticed the two emails and at first thought it was some spam. I looked into them and they were from one “Dale Spislander” from some place in California and telling me that I apparently downloaded some porn that belonged to two different companies. It listed an IP and when they apparently thought this had happened. The email told me to go to copyrightsettlements.com and put in a bunch of information and pay by a certain date, or else etc etc. I obviously didn’t thinking it was some extortion scam and the date has passed. Doing Google searches on this person and the website is what eventually led me here.
I didn’t download any of that and never have and the IP listed didn’t even seem like mine when I did a check. As a matter of fact, I don’t even think I was home when this allegedly happened. I did replace my wireless router recently cause I noticed it was lagging random times of the day, my connection dropped, and the little lock icon would go away. I figured it might have been going bad after I saw other IP’s logged onto my connection from the router information menu. That didn’t surprise me since I live in an area with a lot of apartments, homes, etc. real close by, a matter of feet and yards. I called my ISP and told them about this, got a new router, and the situation was rectified.
At this point I’m not where a lot of these people are at but did I do the right thing?
My IP has been identified in a similar case. After reading most of the information on this site, I have gathered the following bullet points:
1) Do not identify yourself as Doe#/IP#, instead use Does 1-XXX and sign the motion to quash as John Doe
2) Do not reveal your personal information
However, in my specific case, it states “any Doe Defendant who files any motion in this case must identify itself in the motion by number (i.e. Doe #5) and IP address in order for the motion to be properly before the court.” Also, local rule states that “self-represented litigants must file with the Clerk in every case which they have pending a statement of their current address where case-related papers may be served.” So, I must provide my name and address, via an ex parte notice of current address, so that they can provide me with notice of filings in the case (although they explain that this information will not be released to the plaintiff). Any suggestions on how to handle these differences that pertain to my case? I am worried that providing this information will allow the Troll to pinpoint my location. Also, should I still send these court documents from a different state? And should I still send a copy of the motion to the plaintiff’s counsel?
I appreciate any feedback. Thanks!
I got a call from someone named Thorton last week saying I downloading an X rating movie and he wants 2,580 to settle the case. What should I do? I didnt do anything wrong
Read and educate yourself. Plenty of good information here and at http://dietrolldie.com/newbie-noob-start-here/
DTD 🙂
First, call the legal department of your internet service provider (ISP) and see if they released your information to any plaintiff and if so, to who, when and for what.
Second, review the FAQ here and at other sites, like
http://dietrolldie.com/newbie-noob-start-here/
http://dietrolldie.com/2011/11/07/taken-from-the-files-of-don't-panic-or-what-can-i-expect/
Third, avoid speaking to the trolls or be very careful. They don’t care about your innocence, poverty or anything else. Keep records of any calls and keep any emails and letters. You can rightfully tell them to stop calling. Some advocate briefly but clearly communicating that you will fight:
http://dietrolldie.com/2012/02/15/the-richard-pryor-response-or-what-to-tell-the-troll-when-he-calls/
Look up the case when you have the information. If there is no suit filed in your jurisdiction, the troll would have to name you individually and maybe find a lawyer in your region to represent the trolls. They make more money by threatening, collecting when they can, and moving on to target someone else.
Am I in trouble because i didnt follow the reponse you gave on the website the first time he called me
Depends what you told them. If you didn’t directly admit to it or state who did it, then NO. Usually the first time these bozos call you are confused and don’t really understand what is going on. You could of assumed it was your kid who did this, but upon examining your systems, you didn’t find anything. BTW, if you don’t live within the jurisdiction of the court where the Federal case was filed, then it is even more unlikely they will file a new case and issue a summons.
DTD 🙂
I got a demand subpoena from Neustar with a civil action suit filed in Maryland but I don’t live in that state. Can they still sue me? The letterhead was from Neustar, “a designated agent of Cox Communications authorized to respond to subpoenas, court orders, etc…” Is this a real letter? I went to a link they listed to get more information from my ISP but it doesn’t even work. The attorney is Thomas M Dunlap. Anybody have more info on this new case? I missed the deadline of 2/16/2012 to respond and it’s 3/01/2012, is it too late? Do I get a lawyer to respond to them? Thanks
If your name has not been released and the letter itself was sent by Neustar, the deadline is for when Neustar will supposedly give your name and contact info to the trolls.
Neustar contracts to some ISP’s to do some of their legal paperwork. Neustar has been (fairly) criticized in this blog for suggesting to Doe subscriber to contact the troll lawyer directly. Not a good idea.
If you can call Neustar and get a cooperative response, they can tell you whether your information has been released. If it hasn’t, you or an attorney can file a motion (to extend time, quash or sever). Neustar should (and hopefully will) delay releasing information while a motion is being considered.
The masses cases have “improper jurisdiction” (most Does out of state). Some of them have been thrown out, fortunately.
Whatever you case is, check it on PACER and RFC Express. There is a mass copyright cases in Maryland from Nu Image (Millenium Films), the company for the Conan movie in the recent case, and the Expendables in other cases.
It’s possible that the judge granted discovery, and the ISP released your information, but it’s not listed on RFC, Sometimes the docket info are slow to be posted.
Look at the tabs above and, under the Discussion tab, go to Dunlap Grubb & Weaver. There’s more information about this lawyer and the plaintiff.
My case appears to have closed by the plaintiff back in November, but I’m still receiving calls from a troll every couple weeks or so. Is this unusual?
For a business model that thrives on greed and a lack of fairness, it is normal. Ignore them and they will move onto a new case.
DTD 🙂
Are you aware of any trolls refiling after the original case was closed?
It’s been over a month since I received my first letter from Prenda regarding a settlement. I didn’t respond to it. I have never received any phone calls, just that one letter. I expected to have received more harassment from the trolls by now and am cautiously optimistic they are going to move on to other fish since I live in a state they don’t currently have representation in, or so I’ve been told. Does anyone know the usual timeframe these people move at? Should I have received a second extortion letter by now or does this sort of thing drag out for months, even if they do not intend to take it to court? I guess what I really want to know is if their silence at the moment is more likely a good thing for me (meaning they have moved on) or is it the calm before the storm (meaning they are busy preparing a suit against me or something)?
Suggested reading for you (since you did not ref a specific case number)
http://dietrolldie.com/
http://torrentlawyer.wordpress.com/
I’m not expert but seems the odds are in your favor if you heed advice given in these places
So, I got a letter from my ISP (no subpoena yet) and I’ve done as much research and reading as I possibly can (including this wonderful site). I know that everything on here says to sit tight, it MIGHT go away, don’t worry about the subpoena (if it comes), etc. However, their scare tactics have already done their job on me and I’m only at the beginning stages. Reading this long forum, it seems that many here have gotten subpoena’s and are now getting demand letters and/or harrassing phone calls. I really don’t want any of that. Here is my question: so far, I haven’t done anything to respond to the troll (CEG). However, what I would like to know is what they’re asking up front before they start the letters and phone calls (I’ve heard it is in the range of $200/$250 per incident). If it’s reasonable (like $200), it wouldn’t bother me to go ahead and pay and get it over with. And the only way I can know that is to request that info by putting in my case number and password (I know that doesn’t tell the troll who I am but it does communicate my IP number to him – plus I have an anonymous email set up). I just don’t want this to drag on for weeks, months, possibly years and even have the threat of $3400 over my head because I gave up the chance to settle for much less. If anyone has any thoughts/ideas regarding my situation, I’m all ears. My deadline date is April 9th. Thank you!
Is there a court case associated with this?
Prior to Ira Siegel/CEG filing lawsuits against thousands of alleged infringers, he was notorious for sending “pay or else” threats.
What is the film name they claim that you infringed?
When do they claim that you infringed? Just a month and year (no date)
Who is your ISP?
Take a deep breath and read as much as you can.
Also, is it a letter or an email from your ISP?
Generally people have reported an average of $3400 (more or less) to settle not $250. I personally have had 2 separate subpoenas. So far it took 4 months for the first one to be dismissed without prejudice. The second one is still pending. I have not settled or answered any letters or phone calls.
Dont let them get to you. The fear will go away. Read as many of the posts as you can. It will help to calm your fears. Dont feed the trolls. If you are dead set to settle you should do it with an attorney otherwise you could get screwed by the troll.
Ira Siegel/CEG used to send a lot of “Notice of Infringement” complaints to ISP’s. In turn, the ISP would forward the complaint to the subscriber, in the complaint was a link to his site copyrightsettlements dot com, where the subscriber could pay a small fine as he called it. Generally between $125 and $250.
Yep…Just as I suspected, Ira is at it again with the emails.
http://www.expertlaw.com/forums/showthread.php?t=138295
http://www.expertlaw.com/forums/showthread.php?t=137751
Thank you all for the quick responses. What I received was a registered package from my ISP with a 4 page letter from them along with what appeared to be about 10 pages of an email that was sent to them by CEG. There were two movies mentioned, High Heels and Panties and Women Seeking Women 77. The CEG info states that if I go to their website, copyrightsettlements.com, and enter a Case number and a password, I can settle this without it going any further. I have NOT received a subpoena as of yet. I have until the 9th of next month to “settle” with them. Reading other sites (I know I have probably read info regarding this on at least 25 different web sites), this first settlement offer tends to be in the $200 – $250 range, BUT, I’m not really sure unless I go to this website and enter the case and password info. I don’t know if I would be giving up some sort of “rights” by simply enterning this info (anonymously) and seeing what they are offering (I’m sure that this case number and password are associated with my IP address which does concern me). In reading over this forum, it appears that many people simply got a subpoena and are having to fight from that point forward. I’m not at that point and really don’t want to get to that point if it’s possible to settle for a small amount and save my sanity.
Do not visit the site copyrightsettlements dot com.
Read this before you do anything http://www.techdirt.com/articles/20100401/0846028831.shtml
They do not have your personal information yet, just the IP address and the titles downloaded. Personally if it were me, I would call your ISP and ask if they have released your information to CEG. It doesn’t sound like they have and it doesn’t sound like there is a court case yet.
There are several attorneys that frequent this blog. Hopefully they can offer some better insight.
I have not visited the copyrightsettlements site yet and I have read the techdirt article (and many others). Also, I did call my ISP (a rather small one) and they were very helpful. I asked how many of these do they get and the reply was about 200 a year. And, so far, only one subpoena has been sent to the ISP and it was quashed by an attorney who said they would sue the ISP if they turned over the person’s identity. By reading everything, it seems that maybe these trolls are getting smarter and learning from their mistakes and might possibly use some different tactics. I understand that I can sit back and do nothing (and hope it goes away), I can “settle” for the lesser amount (thereby admitting guilt and possibly being brided further), sit and worry that they will send my ISP a subpoena (and then have to get a lawyer$$$ to try and quash it), then, if not quashed, worry about getting the phone calls and letters demanding thousands of dollars (versus simply having settled for a few hundred dollars and probably much less than what a lawyer would cost to just do the quashing). That’s my dilemma. Again, any suggestions are greatly appreciated.
” I can “settle” for the lesser amount (thereby admitting guilt and possibly being brided further)”
This is why I would speak to an attorney. Based on Ira’s track record, I wouldn’t trust any release.
Did your ISP say if they gave your information to them?
My ISP has not given out any information on me. However, they did tell me that if they were provided with a subpoena, they would have to provide the info. I was told that I am given time to quash the subpoena if (and when) that time comes.
Ira started sending those emails in early 2010, and began the lawsuits in the Fall of 2010. I am pretty sure that the suits were not related to the emails, and or alleged infringers. In other words, he never pursued the individuals that received emails like the package your ISP sent you.
This is SO disturbing. It has certainly opened my eyes to the concerns of wireless routers. If your friends or family members come to visit or stay the night, and you provide them with access to your router (and they download something illegal like a song, a movie, etc.), then I’M responsible. If you have young children (I have an 11 year old) and they download something illegal, I’M responsible. And what happens with all the people or business’ who download illegaly at coffee shops, McD’s, hotels, etc. Do the trolls go after the business or do they try and figure out the IP address from these business’ and go after the individual? For my own wireless router, I know I can provide it with the best encryption possible, however, how do I police someone who I’ve invited into my home and make sure they aren’t downloading something illegally? I know I can use a VPN or Proxy server on my computer but it would be nice if something like that were available for wireless routers (maybe there is and I haven’t found it yet). For now, I’m going to be a jerk and tell my friends/family that they can’t have access to my router (I have a family reunion once a year with many family members staying at my house for a week). This really makes you think about locking down the router and making sure no one has the opportunity to be tempted to download anything illegal. And I haven’t even touched on what I think now about copyrighted material that probably exists on social media sites like Facebook. I’m sure that’ll be a whole new business model for these trolls.
I don’t think it’s necessary to monitor everyones use of your wifi. A simple “please don’t download shit using my wifi” should suffice. Not every one who has a song, movie, book, etc being shared online is going to try and sue file sharers. It hurts your brand, it’s expensive as hell, & hard as shit to prove in court. There’s a reason it’s mostly porn studios using this legal extortion, they assume every one will be ashamed of being accused of downloading adult films and settle out of court.
What a wonderful discussion you guys have here 😉 My advice to my Purple and Teal friends is to keep your BS meters clean and calibrated.
Love,
SJD
I too agree that this has been a great discussion. It has really got me worked up (along with, I’m sure, 200,000 other people). What surprises me is that some National News Media hasn’t picked up on this yet (at least I’m not aware of any). It would be great if 60 Minutes could do a segment on this. If I had to guess, there’s only about 200,000 people or so that really know about this. But I’m sure the exposure to these trolls is in the millions (anyone who has an internet connection). This site certainly helps to get the word out but I think everyone needs to be better educated. I know I’m going to educate my circle of friends and family.
I know that perhaps a poster is not truly freaking out but “Purple and Teal” went right over my head unless it relates to Smurfs or Smurflike critters?
I was referring to gravatars.
You can hold your family reunion in a hotel. Holiday Inn is OK, but Marriott is much better.
LOL. So the trolls win again and cost me and my family members more money (by having to stay at hotels). And I agree – I like the Marriott’s better.
Might be hard to book, I’ve heard they are jammed this time of year with all the Webinars going on and such… .
It is disturbing.
That is why an IP address does not equal a person. Although the trolls would like to make you think differently, and have even claimed internet subscribers can be held liable for negligence if a router is not secure. Even a secure router can be hacked, a cable modem’s MAC address can be spoofed, and an IP address can be spoofed.
There are routers that allow you to assign guest accounts. The only issue is there are very few that allow you to restrict or filter traffic.
The Wi-Fi hotspots at Starbucks or McDonald’s are not consumer routers, they are most likely business class with web filtering.
Actually, I can assign a guest account to my router. And, obviously, I can give this out to someone that I (think) I trust. But, tell me this (if you know) – if someone downloads something illegal on a guest account, does that clear me of wrongdoing (in the eyes of the trolls)? Or, does it still assign the same IP address as my main router account? If my 24 year old stepson comes for a short visit and I give him the guest account, and he then downloads an illegal movie, who do the trolls go after? Me or him? How do they know who to go after?
Unfortunately the trolls will go after the account holder initially. That is what happened to my brother-in-law who downloaded “The Smurfs” (poorly dubbed in German by the way) and the trolls went after him.
even though he downloaded the movie so his stepdaughter could watch it as she was being impossible that day (my brother-in-law hates the Smurfs because he is kind of a jerk and he thinks that he is not liable because he was just being a nice guy).
Nice Guy Defense is not that bad. The Chewbacca Defense worked, although it does not make any sense, so the Nice Guy Defence should work.
So let’s say I was dismissed without prejudice and my case was closed. Is anyone aware of any instances like this where the case has been reopened?
It’d be really unlikely unless you said something stupidly incriminating to them on the phone. Any new case would have to reference the first one, any sane judge would start asking hard questions at that point, and a competent defense lawyer would be able to get it dismissed in short order. Especially if the original trial was approaching or had passed 120 days after discovery.
By 120 days after discovery, does that mean 120 days after the ISP gave up the subscriber info? Not 120 days after the case was closed/dismissed?
120 days after the troll received your information, federal rule of civil procedure 4 (m) requires that they have a good reason for not proceeding against you by that point. If they sat on the info before in a previous trial you have a good argument for them just dragging it out for extortion.
My information was released back in January as indicated in the cable company letter. I’ve received 5-6 calls from a troll in CA (some Bill guy) linked to a case in Florida but I haven’t received any letters asking for settlement or informing me about any illegal downloads. The messages are rather cryptic and give very little information. Is it normal to only receive phone calls?
I’m in the same boat. Just phone calls, no letter or mention about a settlement. I had my lawyer call this Bill guy and he asked for the settlement: $3100.
I hope the lawyer got a clear response about who the plaintiff is, who the plaintiff lawyer is (not just the local paper filer), and what the allegations are.
I hope the lawyer got a clear response about who the plaintiff is, who the plaintiff lawyer is (not just the local paper filer), and what the allegations are (with name of the “work” date, time and duration).
Troll tactics may differ. Making demands by phone avoids leaving a paper trail, which may be evidence later for tactics by trolls a court views as bad.
Keep records of the calls when possible and record them if you can.
When the troll is told clearly stop calling, they must stop calling (but they may continue unlawfully).
Since the discovery was granted in Florida(with wrong jurisdiction), it may be more work for the troll to file in some states where either that state’s courts are unfriendly to trolls or the troll lawyer does not have a ready contact to file papers.
(When your case has been dismissed without prejudice) once you tell them to stop calling, they have to stop calling under the FDCPA. Draw up a cease and desist letter, mail it to them certified so you have the evidence if you choose to go forward with the suit. “Hey, I sent them a cease and desist letter…they didn’t cease and desist.” If they don’t stop, feel free to go after them with an FDCPA suit. Get the feds all up in their asses too. If you’ve been dismissed WITH prejudice, send the judge a letter, make a big ruckus. That’s grounds for all sorts of shit lawyers don’t want to deal with.
And about the previous point, them not serving, then dismissing, then threatening to sue you individually…I’m dealing with that shit now. I almost wanna pick up the phone when I see Lutz calling and tell him to fuck off because there’s no sane judge that’ll allow a second lawsuit to go forward after they dismissed me from one 3 months ago and was originally filed last spring. They’ve had plenty of time to go after me. They’re stupid, but they’re smart enough to know that the first question a judge will ask is “You filed one lawsuit, had 8 months to serve summons, and ended up dismissing…from the case three months ago. Give me a GOOD reason why should I even entertain this action?”
Hi,
this site is wonderful, maybe somebody can help me I received a letter from time Warner about they need to release my info, to WEST CONNECTION, from the past novermber 28 at 5.43 p.m. TWC letter said I have until april 23 to block this orden and they don’t released my info. Also they attached the order they received from the law firm in Houston, with date march 06. for the civil order.I live in el Paso Tx and I am very confuse. What I have to do.
I am really scare with all this shit, hopefully somebody can help me
Many thanks
I missed ask can I go to prison for this ??
I am not a lawyer. This is for discussion only and is not legal advice.
Don’t talk to the trolls or their representatives.
Read the FAQ here and other places.
These copyright troll actions are generally CIVIL cases, not criminal cases. In civil cases, trolls can threaten maximum statutory damages ($150,000). These cases hardly ever get to trial and never gotten near the maximum as far as we know.
Look at the FAQ & Resources here on this site:
https://fightcopyrighttrolls.com/faq/faq-from-tac/
and:
http://dietrolldie.com/newbie-noob-start-here/
https://www.eff.org/issues/file-sharing/subpoena-defense
Thank you so much for you quickly reply, so I don’t do nothing. eventually TWC will released my information, and they will start calling me and calling,
Do I need to contact a lawyer ? I try to find a lawyer in the internet here in El Paso but I didn’t find any,
Please help me I am very confuse
And Thank you again for all your support
You might want to post at the section for your state. Look at the Texas state discussions in the tabs at the top of the page or here:
https://fightcopyrighttrolls.com/discussions/discussions-by-state/texas/
You can get look at case at
http://www.rfcexpress.com/search.asp
Choose “Texas Southern District” to search and find your case.
On a brief search, most all the Texas cases were filed in Texas Southern District, one or two in the Texas Northern District court, and none for the Texas Eastern and Texas Western districts.
Texas is a big state. Since El Paso is far from the Texas Southern District, one possible way is to challenge jurisdiction WITHIN the state. This view has worked in some California decisions.
There are many more possible Does in Dallas or Houston. The trolls may see little profit in following up for west Texas. They would also have to find a lawyer to file there.
They used Douglas M. McIntyre to file it, because Time WArner send me a copy of the order.
I looked in the page that you provide to tracking the case and have a judge ispending.
What can I do, I received the letter from TWC yesterday, I am been stressed out since then.
Please
If I know I actually download the stuff is not better to make a settlement
That’s up to you. Just know they have no intention of taking anyone to court. John Does basically do their work for them, by getting so worked up and freaked out that they panic and decide to contact the troll and/or pay the settlement. Pay the settlement or don’t, either way do not admit to downloading whatever they accuse you of downloading.
and please do not think just because you downloaded something that you deserve to pay thousands of dollars. the punishment doesn’t fit the crime.
Sounds like the notices just went out. If it’s the West Coast Production case, there are a lot of Does. With a lot of Does, you can see what others file. Maybe if you need a lawyer, you can get a group rate with other Does looking for help.
Read the Texas section. Read the FAQ’s. Other comments on this case will come in.
This may help make an informed decision.
The Case is Does 1-351
Somebody can help me
Can someone in the know inform me what the status of Millennium TGA Inc vs John Does 1-529 Case No. 11-32619 CA 21 is or perhaps direct me to a site where I can look up this information myself. My ISP turned my information over to Prenda in late January and I received a threatening letter about a week later and nothing since. I haven’t communicated with them and don’t intend to; I just wondered if the case had been dismissed or what. Thanks in advance for any help.
This is probably the worst page to ask questions about the cases. FAQ is usually being read once by the newcomers, so they are the majority who read your question, and, as you may guess, cannot be very helpful.
From the ID of this case I can guess that this is a Miami-Dade county lawsuit, and pure bill of discovery cases are discussed here: the likelihood that someone monitoring that page has the information you are looking for is way more than here.
Peace and good luck.
Look under Florida Cases that SJD linked to. Answer posted there.
Jonas,
A judicial district name would be most helpfu in us helping you.
Sorry Raul the district is Circuit Court of the 11th Judicial District i and for the Miami-Dade County, FL.
And thanks sophisticatedjanedoe I will check it out.
Yes. The number is in the FLA/Miami-Dade format. Read the Florida page. The Florida STATE cases are different from Federal ones, and getting information about them is different.
I must admit that I was wrong saying that only newcomers and not those capable and willing to help visit this thread. Thank you guys.
I received a call from one of these guys. Mike Thornton..from a 818-292 number. He stated we download movies which we never did. We received no letters or emails from our ISPs that someone asked them for our info but they had our address and even cell phone number. I did some research with the number online and all of them say its a scam. After that, I have just been ignoring his calls but he has left several voice mails stating he will “move forward” with the case even if they do not hear from us. I have received no documentation what so ever. Can someone please advise? I have never dealt with anything like this and I am distraught.
Thornton started calling me last week. I didn’t respond to his voicemails so he, being the super-sleuth that he is, Googled my name and started calling ex-wife’s mother’s house looking for me. I’m not sure why that phone number is associated with me, but I’ve never lived there, I’ve been divorced for 10 years, and I live 1100 miles away from there now. BTW I’m the same guy who previously posted that my case had been dismissed without prejudice almost 5 months ago and I keep receiving calls. I first started getting the phone calls/voice mails in October from other trolls associated with the case.
You are lucky. I’m aware of one story when scumbags started calling one Jane Doe’s workplace telling her bosses that she was about to be named in a porn lawsuit. She couldn’t withstand the pressure and settled, although she claimed that she never used bittorrent, and I have no reason not to believe her…
That’s a great example of the predatory nature of the whole “trolling for cash” scheme. Prey upon whoever you can scare and laugh all the way to the bank. At least in my case the “intimidation through shame” tactic wouldn’t work. You want to accuse me of watching porn? Go ahead, I don’t give a f*ck. Tell my boss, my ex-wife, my girlfriend…shit, tell the Pope for all I care. But I didn’t download your stupid $15 video and I’m not about to roll over because I think you might tell people I watch dirty movies. Thinking about the way they intimidate people into settling for that reason really pisses me off.
How far did it go? With these cases, how likely is it that you have to go to (show up at) court?
That is as far as it’s gone so far. I’ve only received voicemails, nothing in writing. From what I’ve read, very very few people have actually had to go to court for these cases.
Well today I finally received a second letter from Prenda after almost two months since the first. This one just tells me I need to get an attorney if I have no intention of settling then it gives me another two weeks to contact them before they “proceed.” I suppose this is par for the course with them? I was really hoping since it had been so long since the first letter that I was done with this mess but I guess not. Does anyone know if the next step is either they sue or send another letter or what? 120 days since service provider turned over my info is the window right? That would be around the end of May I believe.
Looking closer at my letter, it seems the IP address is wrong (belongs to someone else). Should I bring this to the attention of the ISP or mention it to the plaintiff’s lawyer if they call?
How do you know that it is wrong? Do you log all your IP changes?
Most likely you have a dynamic IP, so every time you reboot your router/computer or your at ISP leisure, your IP changes. Your ISP keeps the log, i.e. what IP addresses were assigned to what subscribers at what timeframes. You may notice not only you IP address is listed, but also time of alleged infringement, down to the second.
I found two IP addresses: 1) when I checked my computer using Command Prompt and 2) when I called my ISP. The second number was confirmed when I used myipaddress.com.
When I did a reverse look up of the IP address on the letter from the ISP, the website said it belongs to someone else in a different zip code. Also, the technician confirmed it.
Again, you have a dynamic IP address. Try to reboot your cable or DSL modem and your IP address may change, and your old IP address will be eventually recycled, i.e. assigned to someone else in the area that may span several zip codes, but usually pretty close and never in a different state.
Therefore the IP address specified in the subpoena may be assigned to you on the date and time the alleged infringement happened according to forensic “specialists” that supply trolls with information.
Search web for “dynamic IP address” if you want to understand how dynamic IP addresses work.
The chances of any geolocation service such as myipaddress, returning your Zip code, let alone the town or city you live in, is pretty rare.
For example, I live in one of the top 5 populated cities. The geolocation services have rarely identified my city.
Here is a better explanation
http://whatismyipaddress.com/geolocation-accuracy
I am not saying that you are wrong. But, your ISP sent you a letter based on a time stamp from the troll. According to their records, it belongs to you. That is not to say that you downloaded anything claimed by the trolls.
If one of them starts with 192.168.x.x then it’s the IP assigned by your router. That’s not what websites etc. see when you access them, however.
Here’s one easy resource for checking IP address:
http://ip-check.info/?lang=en
It’s run by JonDonym, the secure private web surfing company. This is not necessarily a recommendation for their service. Their check seems a reasonable estimate of privacy protection for the individual web user.
Thanks for the clarification and advice, everyone. I see what you mean now. (I am officially back to worrying again. 😦
just me-
Please don’t try to raise defenses with the plaintiff rep who’s calling. They will NOT be a lawyer almost all the time. They are like debt collectors trying to get money for a false IOU. Even when innocent, they can try to trick you into giving information to squeeze you with in the future. Say nothing or prepare a script such as:
http://dietrolldie.com/2012/02/15/the-richard-pryor-response-or-what-to-tell-the-troll-when-he-calls/
The attorney of record, even if you contacted that person, may not be the lawyer running the show. Some troll lawyers have minimal knowledge about the case. They only file the papers.
Have there been many cases of people getting subpoenas from different plaintiffs?
Does anybody know how many months or years Plaintiffs can go back to get payment? Do we have to worry about getting a letter for something downloaded say two years ago? Thanks.
The statute of limitations for copyright infringement is 3 years. However I think that most ISPs do not keep records of your internet activity for more than 6-12 months unless there has been a subpoena issued .
cox has stated they only keep 6mo’s worth of records, many others cap out at a year. from what i understand congress is trying to extend this for “nat’l security reasons” and the cfaa cases are only 2 years. 🙂
i am curious, many bittorrent sites reccommend using an anonimyser when using their service, does anyone know if these anonimysers can “randomly” report as someone elses ip address thus implicating them without being on their network?
No. To “anonymize”, or to hide the subscriber IP address people use proxies, VPNs, TOR (it is considered unethical to use TOR for high-volume applications like file sharing tools) . All these services have theit own server IP addresses, so no addesses are faked.
Can anyone tell me if a judge grants a motion to strike by one of the Does does that just apply to that particular Doe or to the entire case?
What if the case is (Porn Studio) vs. John Doe…..not “Does”? The example motion to quash kinda seems irrelevant in that situation. Is there another grounds besides misjoinder to use?
It depends. IF it is one of those suits that employ new sleazy tactics — one Doe + a gazillion of co-conspirators — then it is the same mass case in disguise, and all the regular arguments apply. If it is really a single Doe (or the previous situation, but you are the “main” Doe), then, naturally, it is hard to talk about improper joinder unless that Doe suffers dissociative identity disorder 🙂 Wrong jurisdiction still apply, yet trolls are not stupid to name a single Doe in a wrong district. Regretfully, if singled out, not lawyering up is not an option; a good IP lawyer who is experienced with this type of lawsuits will have many solid defenses beyond usual procedural twins, joinder and jurisdiction; he can also counterattack as we witnessed with two HDP cases.
351 other Does are named in the documents but the actual case name is “vs. Doe”
Than you are a Robert Roe rather than a John Doe. See an excellent motion filed in a similar lawsuit.
Someone called me today and said the lawyers are ready to move foward with case and to me to court. Should I be worried I didn’t do anything
Did they mutter a lot and say their name was Mark Lutz? If so, ignore the jerk.
no it was a women at phone number 818-292-8970 she works with mr thorton
The threat of moving forward with legal action is a routine part of the troll scam script. The small percentage of Does named or served is mentioned in several posts and comments. While it’s possible a Doe will be named, the probability has been very low. If you live in a state where this troll gang has no activity, or where trolls had unfavorable rulings, the probability is even lower.
Exploiting worry is the troll game. The business cost to trolls of a phone or letter demand is minimal compared to the payout. It’s like extortion spam. Tell them firmly not to call again, and say no more.
http://dietrolldie.com/2012/02/15/the-richard-pryor-response-or-what-to-tell-the-troll-when-he-calls/
http://dietrolldie.com/2011/11/07/taken-from-the-files-of-”don’t-panic”-or-”what-can-i-expect”/
I know this is a bit late, but Thorton was working using the Florida Writ of Pure Discovery laws. They would have to file a case in a federal court to move forward against you and the dog and pony show he works for isn’t that smart.
Last time I encountered him they were trying to collect for a film that lacked a US Copyright.
So what if you called them and got freaked out and did what they told you to do like paying some money? Is there a way to get the money back? thanks! These bastards must be sent to hell for this!
Sadly I think your money is long gone.
You decided to “settle” with them and the release you signed more than likely admitted your guilt to the allegations. Having not seen your specific settlement I can not comment on how “airtight” it is, but I would not be surprised that there is a NDA (Non-Disclosure Agreement) where your not allowed to talk about the settlement and some penalties for doing so.
Pro-Tip – Don’t use FB to login here, makes the trolls happy to see real names of people they have or are in the process of targeting.
I got call today from a lady saying the laywers were moving foward with the case against me where I live and she would like to speak with me or my legal person about where to send the subpoen too. What should I do?
That just has weird written all over it.
i dont understad you reply
If they do not know were to send your subpoena, then why would you help them? that is like them telling you they want to come over and kick you in the balls and they ask you where you live so they cam come over and kick you in the balls. Are you going to give them your address. If you do then do not complain when you are on your knees cupping your kicked balls in your hand, and uttering, “OMFG, I just got kicked in the balls”
I just got a letter from Comcast. The only issue is that my family does own assets. Is there a legal argument I can use regarding Dynamic IP addresses? Or is there an issue because it can usually be identified by date and time?
I recieved a call today from a lawyer saying the lawyers are moving foward in the case againt me in court where I live and would like to speak with me or my legal counsel about this. Should I hire a lawyer now?
If it is Prenda and you do not live in CA, CO, FL, IL, IN, MN, AZ,VA,TX or VA, they are just scamming you. If you do live in those states where Prenda has a presence or an affiliate, your chances of being sued is now raised to .01% so do not worry about a lawyer until the unlikely event you get served with a summons.
The calls always say that the “lawyers are moving forward”. As written many places in this blog, DO NOT speak to the trolls. There is nothing to be gained.
The lawyers are “moving forward” by suing their letterhead to try to frighten the next set of Does.
On RFC Express, up the “plaintiff” (the porn studio), and the local lawyer troll in your state (search your jurisdiction for copyright cases). Almost all the time, they have many cases-more than a large hi-powered firm could really follow through on. This trash is neither large nor prestigious.
You’ll also see that there is no listing of real trial proceedings about the merits of their claims against single individuals.
Wow, Lots of great information, thank you for such a great and educational site.
I have received a letter from my ISP (Comcast) in Massachusetts which seems to be a Supoena to produce Documents or Inspection of Premises in a Civil Action.
Attached is an ORDER GRANTING PAINTIFF’S EMERGENCY MOTION FOR EARLY DISCOVERY.
Ok, I read the papers and it specifies a pornographic movie that someone downloaded almost 12 months ago through my wireless router. (which has since been replaced and access secured). This is very scary and disturbing, but I’m doing my best to handle it myself as do not have money for lawyers.
I intend to file a motion to quash, but the legaleeze in the example documents is difficult to understand. I have the template but could use a some assistance in applying it to my situation. Is there a template out there a simple minded retiree (unemployed) could use?
Go to dietrolldie.com as he has an arsenal of motions you can use as a template as well as advice about filing, monitoring, etc. Also check out all of this blog’s FAQs
i got call today. The person said because I have not been willing to talk with them they will move foward and to take me foward and take me to federal court in front of a jury and judge and she was concerned because they have not heard from my legal council and they will moved foward on naming me in a lawsuit. Sould I be worried?
(Usual disclaimer: This is for discussion purposes only and not to be construed as legal advice.)
When troll reps call to notify (threaten) a Doe, they consistently say they are “moving forward”. Similar questions come up at least every week. Since the line is a standard part of the script, it seems little indication of anything. A troll rep never says, “we’ve scared enough people into settling-we’re going on to another case.” I don’t know one example where troll “concern” benefited a Doe.
Trolls know full well that a Doe lawyer would notify them immediately. They’re trying to scare people who choose not to get a lawyer for the demand stage of trolling, whatever the reason. They hope for an unwise Doe response, like “I can’t afford a lawyer-can we work out a payment I can afford ?” or “I think so & so may have done this”. (Pointing a finger elsewhere does not make the troll stop going after you.)
The percentage of Does going only to the point of being named is a fraction of one per cent. Interestingly, some of the newer Raw Films Ltd. and other troll complaints have left out the demand for jury trial. Would a jury of peers have sympathy for a pornographer working a scam ?
Please continue avoiding to talk to any troll associate, or use a brief script, such as DTD’s:
http://dietrolldie.com/newbie-noob-start-here/
http://dietrolldie.com/2012/02/15/the-richard-pryor-response-or-what-to-tell-the-troll-when-he-calls/
Our family just got a letter from our ISP two month ago, we just ignore it because English is our second language, so we really can’t fully understand what happen. Now we really worry about this thing, we do nothing wrong, I don’t know why they targeted us. The court say they need talk with attorney. My friend find a attorney from internet. The attorney talk us pay $2000 frist, Do I need to pay it?