ExtortionLetterInfo Forums
ELI Forums => Getty Images Letter Forum => Topic started by: tougholdbroad on November 19, 2016, 09:38:14 PM
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Has anyone tried a class action against Getty not over the right to enforce but how they do it, specifically, the appearance of the form letters as well as how damages are calculated? I'm looking at James D Hinson Electrical v AT&T and believe it's a pattern I could follow here - both as a lawyer and as a victim (O damages, just letters as set forth here)
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search the forums, it's been mentioned discussed many times..."class actions" are a pain in the ass and not worth the effort IMHO
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I'm looking at James D Hinson Electrical v AT&T and believe it's a pattern I could follow here - both as a lawyer and as a victim (O damages, just letters as set forth here)
If you are a lawyer and are willing to file a class action here, I am sure you will get whatever assistance you might ask for from the folks on this forum. Many here have wanted to do this, but it is difficult to find a law firm willing to take on a company the size of Getty's. And there really aren't a lot of prior class action cases to pattern after
As a lawyer and a victim, you might have a special interest in getting this done. If you make headway, you can expect Getty to want to settle. If you're in it for the money, you can cease there. If you are in it to change the world for the better, put me on your team.
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Thanks to both of you for responding.
I am a newbie to forums (e.g., is this a chat room?) and couldn't figure out how to respond to BuddhaPi. This one had a reply button.
I may be unusual in that I have 2-3 other reasons to follow this up (1 client, our own case against Findlaw and possibly just for marketing purposes - e.g., Linkedin, etc.). As well as being a Getty innocent myself. I can post my case here at some point, I guess. I don't think they will follow it up anymore, but you never know. So far they're trying for 2K for 3 images. One is definitely not their's; the other probably is not and the last one I'll wait and see if they come up with the proper proof, as per Advernet, Highsmith, etc. If they do, I'm going for fair use and no actual damages, all the way. If they can't see there are no actual damages, they deserve what they will get (a counterclaim will be the least of that). I just told my husband I'd rather die than pay them a penny. But I was disappointed to see Highsmith just settled.
We are that Ma and Pa law firm. As opposed to the typical lawyer, I don't worry about time goals, etc. If I want to spend 100 hours on something that can only be billed for 10, that's what I'll do. My laptop is right next to the bed and I often wake up in the middle of the night, having thought of something else to research. We're close to retirement and look for intellectual interest now, because we are completely and absolutely sick of the profession. I'd like to do something that might make the world better, as I'm pretty damn cynical about "justice", etc. (Must admit, though, that the new Trump era is awakening long dormant desires for something better in life.)
I had read here some months ago about class actions not being, let's say, low hanging fruit. My client has a long term need for a case along the lines of James D. Hinson. I just found it and was excited as MA has no case law along those particular lines. Hinson received bills/demands from BellSouth reminiscent of Getty and couched demands along the lines of Getty. These are exactly the issues my client could be concerned with (payment for overhead is his specific need). And Hinson (both I and II) has been successful. As to Findlaw, I've been amazed I can find nothing about them. Findlaw is Westlaw. Findlaw has scraped my husband's articles off of the website and reposted them, after taking off anything that can identify it as his. I look at copyscape now and can see all of it. There's simply no doubt. We've complained to FL and there has been no response. I actually left a message for Oscar about it but I guess he's too busy - no response. I spoke to a Mass. lawyer and he is interested. We simply can't be the only ones out there, as anyone can see simply by googling Findlaw.
Anyway, sometimes if you can't do it one way, another way might work. Just wondered if anyone had really thought about just conceding the liability issues and then trying to put them out of business by going after the unfair/deceptive aspects and then damages. I was really disappointed about Highsmith as it might appear she had to settle after the Motion to Dismiss, but the counts that survived were the state law unfair/deceptive ones I had thought were the ones with the real meat anyway. Quite possible Getty was the one that scrambled to settle but we'll never know. Seems so unlikely a lawyer somewhere hasn't gone after the state law counts big time. There's no AG out there that's interested?!! HARD TO BELIEVE. But then I'm a novice here - just a construction lawyer. So that's me. Thanks for responding.
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i was not aware that Highsmith ,I kinda knew in my gut thats what it would come to, but I was really hoping she would stand her grounds. Are any details available in regards to the settlement?
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None that I'm aware of; just a stipulated settlement.