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Author Topic: "Cease Communications" request  (Read 10365 times)

gabon

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"Cease Communications" request
« on: January 31, 2012, 01:12:59 AM »
When should a recipient of a settlement letter ask Getty, Mccormack, NCS, to cease communications?
and what are the possible consequences?
« Last Edit: January 31, 2012, 01:30:56 AM by gabon »

Robert Krausankas (BuddhaPi)

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Re: "Cease Communications" request
« Reply #1 on: January 31, 2012, 09:48:54 AM »
You can ask at anytime, but it will fall on deaf ears, they will continue to contact you.NCS Recovery once notified in writing that you dispute the "claim" ( as it is not a debt) by law have to send it back to Getty, or they can be reported, Getty will then pass it along to McCormack, who will send letters. The only way to have them stop is to either pay it, or hire an attorney to represent you, then all communications must go thru the lawyer..
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

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gabon

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Re: "Cease Communications" request
« Reply #2 on: January 31, 2012, 10:47:06 AM »
if a request is made to getty , mcormack, ncs, to cease  all communications about the settlement, should they legaly stop communicating ?
(Let them sue)
« Last Edit: January 31, 2012, 03:46:40 PM by gabon »

Robert Krausankas (BuddhaPi)

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Re: "Cease Communications" request
« Reply #3 on: January 31, 2012, 11:53:24 AM »
The short answer is probably not, and that would likely just stir the pot, you would be better suited to offer an amount ( which they would probably turn down), and IF they sued at least you have it on record that you at least tried to work with them. If you really want them to stop, pay Oscar the 195.00 to represent you with a letter, if you don't want to pay that , you'll just need to get used to the fact that you will be involved in this for some time..up to 3 years in fact.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Matthew Chan

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Re: "Cease Communications" request
« Reply #4 on: January 31, 2012, 01:52:03 PM »
Don't ever invite anyone to sue you! Someone may take you up on it one day.

Do your research on Getty that way those communications don't bother you so much.  Remember, they are only letters. They don't mean anything unless you believe they will do something.

And I agree with Buddhapi, they won't stop. In fact, if you let on you want them to stop, that is a sign of weakness that they are getting to you. They tend to back off of people they know will fight and will become a waste of time and resources.

However, if you are so emotionally bothered, like Buddhapi suggested, go hire Oscar for $195. Problem solved. I tell people you have to pay one way or another. If you don't want to pay money then you get educated and grow a spine. But what Oscar offers is quick and immediate. I do recommend that also.

if a request is made to getty , mcormack, ncs, to cease  all communications about the settlement, and to sue if they choose to, should they legaly stop communicating ?
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

gabon

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Re: "Cease Communications" request
« Reply #5 on: January 31, 2012, 03:45:25 PM »
from the Fair Debt Collection Practices Act
====

(c) CEASING COMMUNICATION.  If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

    (1) to advise the consumer that the debt collector's further efforts are being terminated;
    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

Does this apply also to any entity,  like Getty or Mccormack?


SoylentGreen

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Re: "Cease Communications" request
« Reply #6 on: January 31, 2012, 04:03:36 PM »
Such rules apply only to actual collection agencies, unfortunately.

As long as the communications are lawful, it would be difficult to stop Getty or McCormack from contacting you.
That's one of their most powerful tactics; they keep at you for a long time.
It works, as many people get tired of it over time, and settle with them.

There's only three ways to stop the communications, or stop them from reaching you directly:
1) Retain a lawyer (such as Oscar), and Getty will have to communicate with him.
2) Make a settlement with them Getty.
3) Hold out for the three year statute of limitations to run out.

If was easy as telling them "don't bother me", we wouldn't need this forum, lawyers or even copyright law!  lol.

If the issue is about one or two images, and you don't want to be bothered, Oscar's letter program is a good choice.
You won't get the letters anymore, and the likelihood of a lawsuit would be rather remote.  You could sleep at night.

S.G.


Peeved

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Re: "Cease Communications" request
« Reply #7 on: January 31, 2012, 04:08:49 PM »
from the Fair Debt Collection Practices Act
====

(c) CEASING COMMUNICATION.  If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

    (1) to advise the consumer that the debt collector's further efforts are being terminated;
    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

Does this apply also to any entity,  like Getty or Mccormack?

Looks like Soylent beat me to it.  ;)

I do agree that it sounds like you might consider hiring Oscar for peace of mind.

Mulligan

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Re: "Cease Communications" request
« Reply #8 on: January 31, 2012, 07:38:17 PM »
Are repeated hounding communications lawful, however, if Getty or one of the other stock photo companies claims exclusivity when in fact they do not have exclusive rights?

If a company knowingly claims and even reaffirms in writing that they have exclusive rights to an image when that's not true... could that be grounds for a countersuit from a demand letter recipient?
« Last Edit: January 31, 2012, 07:40:15 PM by Mulligan »

Jerry Witt (mcfilms)

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Re: "Cease Communications" request
« Reply #9 on: January 31, 2012, 11:17:38 PM »
I know of at least one Getty recipient that let loose a tirade of vitriol-infused R-rated language that would have made a drunken sailor blush like a schoolgirl. Through a barrage of "eF's" and "eSSes" he stated that there was no way in hell they would spend the money for the lawyers to pursue this case, and if they did he'd see them in court. He slammed down the phone and claims he never heard from them again.

I would not, however, suggest this as a tactic.

But at a certain point you will find something that they won't be willing (or able) to do. And then every call they make to you will be answered with, "I'm sorry but I'm tied up with a client at the moment, call back tomorrow" and/or "I told you last time, I need you to send me the paperwork proving that you created this work and registered it." (Or reveal the chain of title for the copyright work, or show the history of what they charged for the image, or some other item.) At a certain point they will refuse, you will point out that you are making a good faith attempt to sort out the legitimacy of their claim. Yes they will threaten to go to court. You have to step up, shrug and tell them that their lack of cooperation is not going to look very favorable in the eyes of a judge.

Please keep it all in perspective. These people are not your betters and they certainly don't have your interest at heart. Stop asking and start telling.
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

Matthew Chan

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Re: "Cease Communications" request
« Reply #10 on: February 01, 2012, 01:05:02 AM »
Mcfilms,

You are the bomb. In life, you try to be nice, you try to be civil, you try to be reasonable, you try to be logical, you try to be cooperative, you try to be understanding, etc. But sometimes, a single but simple pop in the nose is what it takes to get the message across.

Last but not least... "Stop asking and start telling." Simply elegant. Simply classic. Love that quote.

I know of at least one Getty recipient that let loose a tirade of vitriol-infused R-rated language that would have made a drunken sailor blush like a schoolgirl. Through a barrage of "eF's" and "eSSes" he stated that there was no way in hell they would spend the money for the lawyers to pursue this case, and if they did he'd see them in court. He slammed down the phone and claims he never heard from them again.

Stop asking and start telling.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

SoylentGreen

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Re: "Cease Communications" request
« Reply #11 on: February 01, 2012, 12:26:25 PM »
Good discussion.

MF will usually send information about its ownership of intellectual property.
So, at least it's easier to make an informed decision in that case.

Now, for me personally.
For everyone else who doesn't send any information about who owns the intellectual property in question:
I wouldn't pay them.  I would cease communications with them if a request for clarification of ownership is denied.
Some may say, "they might sue".  Sure, they might pay the hundred dollars and sue.  But, then I'd get the information that I want at the discovery stage.
Then, I can either settle if everything is "legit" (and Soylent doesn't think it's legit BTW).
Or, if the paperwork isn't legit, I know that 99 percent of the time they'll back right off.
If it does go to court, I get to fight it for shits and giggles.  Then I win, collect all my fees and gloat about it on the Internet.

Heck, these days, you can get a letter from a "lawyer" who says "write a check made out to my trust account".
How do if that's an actual lawyer working for Getty, of just some fat toad with a shit-smeared ass-crack trolling for a quick buck?
How would I know if the "details" are "none of my business"?   Wow.  Let me get my check book.  lol.

S.G.

« Last Edit: February 01, 2012, 12:28:25 PM by SoylentGreen »

Robert Krausankas (BuddhaPi)

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Re: "Cease Communications" request
« Reply #12 on: February 01, 2012, 02:47:12 PM »
I'm having a really crappy week here, and yet you manage to make me grin and smirk like a little kid! Just what I needed today!
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Peeved

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Re: "Cease Communications" request
« Reply #13 on: February 01, 2012, 04:15:16 PM »
I'm having a really crappy week here, and yet you manage to make me grin and smirk like a little kid! Just what I needed today!

Thank goodness for Soylent. Btw budd...what happened to that handsome avatar?

Robert Krausankas (BuddhaPi)

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Re: "Cease Communications" request
« Reply #14 on: February 01, 2012, 04:22:36 PM »
I'm having a really crappy week here, and yet you manage to make me grin and smirk like a little kid! Just what I needed today!

Thank goodness for Soylent. Btw budd...what happened to that handsome avatar?

I'm sure your referring to my dog right? I don't know what happened, maybe I got demoted or something. Not even a lime green box either..
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

 

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