Got 3rd Getty Letter Now I'm Not Sure

[CowgirlCaz]

Hi Greg. Thanks for the additional advice ... but ... can a Canadian make those complaints to such departments in the States? Also, I just read in the forums here that NCS actually has illegally contacted me for apparently they cannot do so for claims that are not Canadian. Should have found that BEFORE I wrote them the letter LOL! Oh well ... I know that another letter is most likely to appear so I'll mention it then,

[rock]

What I would do, and is becoming popular in the UK to deal with time wasters, is to send a reply clearly stating your position, why you are sure no infringement was committed and state if you have to spend any more time dealing with this you will bill them at $50 per letter and $150 per hour for any research required in formulating a reply.

Should they then contact you again and you have to send a reply send it with an invoice. This then gives you exactly the same leverage that they are using with the exception (here at least) that your claim for money can be dealt with in a small claims court at minimal cost as your claim is not for copyright infringement.

I know some people who have done this (albeit not with copyright infringement claims) and got settlement.

Couch Potato, this is exactly what I did with my dealings with McCormack. Right after that I got notified that "Getty would no longer be pursuing this claim."

I would add that you should also instruct the attorney that is very important for them to share this information with their client. My understanding is that then they are required to report back to Getty that you will be billing for your time to research this claim.

You know, one of the things I did in my case is I told McCormack that I would begin tracking my time. I told them that if they continued to pursue this matter I would be forced to consult with my friend who is a high-priced attorney. I also told them I would be seeking remuneration for these expenses dealing with this issue and it was very important that they pass this information along to their client.

It wasn't long after that I got a call from McCormack's office telling me that Getty woul, "no longer be pursuing this issue."

[ECA317]

Does this really work?  I have spent hours on this and would like to know if it's within my rights to charge them for my research, reading, and writing.

[Greg Troy (KeepFighting)]

You can try, you won't get anything but they may leave you alone.  I know after Jerry Witt did this they left him alone. For me it was filing complaints with several agencies and then they left me alone.

[Couch_Potato]

You'd be surprised how many companies actually pay up to settle out of court if you do take action once you've invoiced them. The cost of sending someone to represent them, even an in-house legal is usually more than the amount you're requesting. Ironically it works on the same basis they use to extract money. The cost of defending is more than you're asking.

I'd only recommend the tactic if you are sure you have committed no infringement though, sent them proof and they continue to harass you. If you've unintentionally infringed I believe Getty would fight any claim on the basis that it could impact their current business model.

[Jerry Witt (mcfilms)]

Yes I can only speak from my experience. I don't know if charging for my time or attorney fees to research and reply to their claims would have panned out. However I can tell you that had they continued to hound me I would have tracked my time, met with a legal representative, and submitted an invoice. I'm not sure where it would have gone from there.

If Getty decided to actually file against me I know I would have fought them in court. I would have made sure my lawyer friend racked up a LOT of billable hours in support of me and I'd have filed a counter claim. But I'm glad it didn't go this way because, although although I'm fairly certain I would be vindicated and it would cost them, it would have been a huge time suck for me.

By the way, I think they got a sense from me that I was absolutely willing to go to the mat on this. I think they made a decision that if they dropped the whole thing, I would too. Unfortunately (for them) I found their business model to be so abhorrent I have made it my personal mission to get them to change it.

[SoylentGreen]

CowgirlCaz, it's illegal for collection agencies such as NCS to make non-debts in Canada.
I would complain to the Office of Consumer Affairs:
http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/h_ca02149.html

Also, I would complain to the Federal Trade Commission in the USA, also:
http://www.ftc.gov/os/statutes/fdcpajump.shtm

Again, it's an illegal practice in Canada, even if the demand comes from the US.

S.G.

[Greg Troy (KeepFighting)]

That's some good info, thanks SG!

CowgirlCaz, it's illegal for collection agencies such as NCS to make non-debts in Canada.
I would complain to the Office of Consumer Affairs:
http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/h_ca02149.html

Also, I would complain to the Federal Trade Commission in the USA, also:
http://www.ftc.gov/os/statutes/fdcpajump.shtm

Again, it's an illegal practice in Canada, even if the demand comes from the US.

S.G.