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Author Topic: Complaint  (Read 3984 times)

rock

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Complaint
« on: August 07, 2012, 11:23:24 PM »
-A request was made to getty, to gettys' employee, to all entities retained by Getty, to "CEASE ALL COMMUNICATION", if no proof was provided.
- Getty ignore the request, more demand letters are still sent.

Due to Getty failure to provide the requested information, and they did not cease all communication:
1-file a lawsuit for emotional distress in small claim court

I think the best way is to file a complaint to the Attorney General, as they can handle it properly.

 Do you think we should try small claim court?
« Last Edit: August 09, 2012, 06:59:46 PM by rock »

Matthew Chan

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Re: Harassment lawsuit against Getty in small claim court?
« Reply #1 on: August 08, 2012, 02:25:37 AM »
I have been to small claims many times.  They focus on monetary damages. It is very difficult to prove monetary damages in small claims court as it relates to emotional distress / harassment.  Saying that you are emotionally distressed and you need $2,000 to feel better really isn't the way to go.

Really, the only people who are truly distressed are the uninformed, ignorant, uneducated, and the spineless.
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Moe Hacken

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Re: Harassment lawsuit against Getty in small claim court?
« Reply #2 on: August 08, 2012, 04:14:57 PM »
Rock, you could just ignore them until they comply with your request for proof. They're the ones who say they have a claim. The onus is on them to prove it either by complying with your request or taking you to court.

Matt's right about small claims court. That's the wrong venue if you're going to claim emotional distress resulting from their harassment. Their letters should really not be any more distressing than repeated email phishing attempts unless and until they provide hard proof that you committed an infringement and that they have the right to enforce the copyright in question.

If their letters pretend to treat the matter as a "debt collection" instead of a legal claim, then you have some protection granted by the Fair Debt Collection Practices Act. Here's some information about that:

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

This ONLY applies if Getty is treating the matter as a debt collection, or having a debt collection agency contacting you about payment.
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Oscar Michelen

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Re: Complaint
« Reply #3 on: August 13, 2012, 11:45:37 AM »
Small claims is not allowed to hear claims of emotional distress only for direct loss such as monetary damages

 

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