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Author Topic: Got the letter ....A question and my plan....  (Read 20844 times)

mreams

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Re: Got the letter ....A question and my plan....
« Reply #45 on: January 22, 2013, 05:37:31 PM »
tell them this is a claim not a debt, they are required to send it back to Getty, tell them if they contact you again you will report them for misbehaving and not following the laws regarding the fair debt collection act ( or whatever it is called), they have no standing...then prepare to get a letter from ass hat seattle attorney Timothy B. McCormack....easy peasy..

In their letter they did say it was "the settlement of an image infringement claim."   So do you mean because they are a debt collection agency they have no business getting involved?

I looked up Timothy B. McCormack the lawyer.  Just wondering why that part would be easy peasy.

Thanks for the input.

mreams

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Re: Got the letter ....A question and my plan....
« Reply #46 on: January 22, 2013, 05:39:24 PM »
This is kind of interesting, a FL company chasing a Canadian for Getty.  Isn't Timmy a lot closer geographically?  Or does he not chase cases where "innocent infringement" might be involved outside of the U.S.?

If he doesn't wouldn't they just get someone who does?  Has anyone ever heard of a Canadian getting sued over 1 image?

mreams

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Re: Got the letter ....A question and my plan....
« Reply #47 on: January 22, 2013, 05:40:13 PM »
They're using a company in Florida to chase a Canadian because it's illegal for collection agencies in Canada to pursue people for something that's not a debt.

Now that Getty's messed up and done something that's illegal, they've basically screwed themselves. lol

S.G.

How has Getty messed up and done something illegal?

Robert Krausankas (BuddhaPi)

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Re: Got the letter ....A question and my plan....
« Reply #48 on: January 22, 2013, 05:44:53 PM »
tell them this is a claim not a debt, they are required to send it back to Getty, tell them if they contact you again you will report them for misbehaving and not following the laws regarding the fair debt collection act ( or whatever it is called), they have no standing...then prepare to get a letter from ass hat seattle attorney Timothy B. McCormack....easy peasy..

In their letter they did say it was "the settlement of an image infringement claim."   So do you mean because they are a debt collection agency they have no business getting involved?

I looked up Timothy B. McCormack the lawyer.  Just wondering why that part would be easy peasy.

Thanks for the input.

"collection agencies" can only collect debts...this is clearly not a debt...so yes you are correct, they have no business being involved...this was/is the easy/peasy part...they have to abide by federal guidelines or risk being reported and fined...

Timmy is just a collection attorney...he can't sue you unless they allow him to, and they have never filed suit over 1 image and in the very few cases they have filed Timothy B McCormack was NEVER the attorney...says alot of Timmy right there...he's a friggin clerk, drinking from the kool-aid keg...
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..

mreams

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Re: Got the letter ....A question and my plan....
« Reply #49 on: January 22, 2013, 06:02:16 PM »
tell them this is a claim not a debt, they are required to send it back to Getty, tell them if they contact you again you will report them for misbehaving and not following the laws regarding the fair debt collection act ( or whatever it is called), they have no standing...then prepare to get a letter from ass hat seattle attorney Timothy B. McCormack....easy peasy..

In their letter they did say it was "the settlement of an image infringement claim."   So do you mean because they are a debt collection agency they have no business getting involved?

I looked up Timothy B. McCormack the lawyer.  Just wondering why that part would be easy peasy.

Thanks for the input.

"collection agencies" can only collect debts...this is clearly not a debt...so yes you are correct, they have no business being involved...this was/is the easy/peasy part...they have to abide by federal guidelines or risk being reported and fined...

Timmy is just a collection attorney...he can't sue you unless they allow him to, and they have never filed suit over 1 image and in the very few cases they have filed Timothy B McCormack was NEVER the attorney...says alot of Timmy right there...he's a friggin clerk, drinking from the kool-aid keg...

I can reply to the collection agency regarding what we mentioned.  But do you think it is really worth it since they really have no power or authority anyway?  Eventually won't they just go away?  On the other hand maybe if I do reply they might think about taking on these type of cases.  (Most likely not since I am pretty sure they don't care)  But it would make me feel good to let them know I can not be bullied and that they are wrong.

Most likely I will write up a thoughtful reply to the collection agency telling them to buzz off.  If it ever did go to court I wonder would it be filed in a US court or a Canadian court?  I still have my ace in the hole tech crunch video of the CEO saying they would never ask for money until the user of the image was making a profit from it.

Robert Krausankas (BuddhaPi)

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Re: Got the letter ....A question and my plan....
« Reply #50 on: January 22, 2013, 06:08:11 PM »
replying has it's merits, IF if were to go in front of a judge, the judge would see you at least acknowledged it, ignoring it could put you in a bad light...they would have to file where you are, which in your case they would have to follow canadian law, hire a canadian lawyer, etc...eventually the whole thing will go away..3 years to be exact...you just have to tough it out for a while..
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..

SoylentGreen

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Re: Got the letter ....A question and my plan....
« Reply #51 on: January 22, 2013, 06:12:23 PM »
If you're Canadian, it would have to be filed in a Canadian court.
Also, Canadian laws would apply.

From what I understand, Canadian law doesn't allow for collection agencies to pursue legal demands for which no court judgement as been made (that is, "non-debts").
So, NCS/Getty broke Canadian law.  At the very least, this would create a legal problem for them if they were to pursue this.

In any case, Getty hasn't sued anybody in Canada in years, let alone for one image.
Personally, I wouldn't get into it with the collection agency unless they really harass you.
It's better to say as little as possible.  But, you may point out to them that what they are doing breaks Canadian laws.
That will promptly end it.

S.G.

mreams

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Re: Got the letter ....A question and my plan....
« Reply #52 on: January 22, 2013, 06:20:27 PM »
If you're Canadian, it would have to be filed in a Canadian court.
Also, Canadian laws would apply.

From what I understand, Canadian law doesn't allow for collection agencies to pursue legal demands for which no court judgement as been made (that is, "non-debts").
So, NCS/Getty broke Canadian law.  At the very least, this would create a legal problem for them if they were to pursue this.

In any case, Getty hasn't sued anybody in Canada in years, let alone for one image.
Personally, I wouldn't get into it with the collection agency unless they really harass you.
It's better to say as little as possible.  But, you may point out to them that what they are doing breaks Canadian laws.
That will promptly end it.

S.G.

Ahhh Ok ...understand it now, well explained.

Thanks

 

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