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Author Topic: ELI Support Call: Don't Be This Bimbo and Waste My Time  (Read 7222 times)

Matthew Chan

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ELI Support Call: Don't Be This Bimbo and Waste My Time
« on: January 10, 2013, 01:17:55 AM »
I get quite a few requests for an ELI Support Call each month. Some months are busier than others. While most are focused on Getty extortion letters, there are several that deal with non-Getty letters.

Regardless, most ELI Support Calls go fairly well from the Paypal payment process, the initial contact, the extortion letter & other document submissions, the scheduling of the actual call, and, of course, the support call itself.

The ELI Support Calls as initially designed (and still implemented) all occur within 30-minutes. Once in a great while, the calls exceed 30-minutes but I don't make a big deal out of it.  As long as the caller has a clear plan of action that is best suited for their personality, and their situation, I am happy with giving someone a few extra minutes.

While there is certainly time for some customized free-style questions, callers don't run the Support Calls.  I do.  The reason for that is that most callers don't know what they don't know and I don't let them waste valuable time with excessive story-telling, justifications, or random/pointless questions.

I drill down quickly to understand their story, situation, their risk tolerance, their expectations, and their desired outcome. Essentially, I interview them.  Callers don't interview me.

Additionally, the calls are fast-paced and we move through the various issues very quickly.  This is not a "shoot-the-breeze" session.  I have a job to do and I get down to it, I don't let their irrational or misguided concerns, whining, or emotions, slow things down. I give as much latitude as possible but if it is too much or goes too long, I give them a quick wake-up call to stop the irrationality.

Part of what makes me so efficient at these ELI Support Calls is my prerequisite of making people scan in ALL their documents (extortion letter, attorney letter, emails, mailed correspondence, etc.)  I want to see the entire document and communication trail BEFORE I even pick up the phone to call.

I do so because I don't like surprises and I don't like gaps in my assessment.  I notice very small details and nuances that most people would never notice. I also look for minor updates and revisions of prior established documents.  This is one reason why ELI can report so accurately even on the smallest changes in the various extortion letter programs. When I personally receive a copy and review it myself, I know when I report it, it will carry a lot of weight and credibility.

Essentially, the prequisite document submissions prior to an ELI Support Call with me ensures that I have ALL the relevant information, prior negotiations, and communication stream. It ensures that they are immediately ready to deal with Oscar Michelen should that next step be recommended (Oscar requires all documents and communications be submitted to him also.) There is also a small amount of "pay it forward" to others because I always take any new information, updates, and insights and roll it forward to others.

To date, it has been a great system. It is generally the best 30-minutes letter victims have received because I cut through all the bull and get to the heart of their fears and concerns and acknowledge them very quickly.

Unless you happen to be a pushy and clueless bimbo I had the misfortune to encounter and subsequently refused service, turned her away, and refunded the money.

Witness the following emails:
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We're allegedly being sued by Getty Images.  They sent this letter demanding $1400.00 for the use of an image on http://xxxx.net Can you help?

Side Comment: The letter she got was actually an McCormack extortion letter, nothing close to being a lawsuit. The bimbo makes a bad assumption.
======
My reply:
You are not being sued. It is an intimidation tactic. Any deadline is artificial and meaningless.  You aren't going to resolve it with one letter or phone call. Whether you respond tomorrow or next month has no bearing on will happen.

Matthew
=====

We're eager to answer Getty Images' attorneys.  Can you give me an approx. time of your call? 

Thanks,
xxxxx

Sent from my iPhone

=====
My reply:
I've been down the last 4 days with the flu.  Hopefully, I will be well enough to call you within the next couple of days.

Matthew
=====
Matthew - I sincerely apologize about your flu, however I'd like to have your input tonight or tomorrow morning.  We intend to respond and resolve this matter tomorrow as they have indicated that they are filing suit after unsuccessful settlement negotiations. 

A quick call would suffice. 

Thanks,
xxxxx

Sent from my iPhone


Side Comment: Are you fucking kidding me? I just got done telling her I've had the flu AND told her I would call her back within the next couple of days. I even told her it was an intimidation tactic regarding the deadline issues. But since she paid her whopping $59, she thinks I am going to call her immediately despite my flu-stricken state?  Translation: Too bad you have the flu but call me anyway and I don't believe you when you say they are using intimidation tactics.
======
We've had an attorney correspond with the McCormick law firm and they have now asked if the attorney can accept service on our behalf.  Are you familiar with them asking this?  Seems like they are or want to appear to be taking It pretty far. 

Thanks for your quick response!
Perhaps these emails will answer our questions.

Thanks,
xxxxxx

Sent from my iPhone

======
My reply:
I'm not going to get into consulting over email. I responded back as a courtesy to let you know when I would approximately call you back and I have.

What you need to do is stop listening to people who THINK they know more than we do at ELI.  You also need to  CALM DOWN. You clearly have no idea who or what you are dealing with based on your comments.

I told you I would try to call you back tomorrow afternoon and that is my intention. If that is insufficient, then I will refund your money and you can then go spend $200-$400/hour to a lawyer who MIGHT have a small clue on what is going on and who WON'T save you money.

Matthew
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I understand.  I've spent a large amount of time researching this matter, so when we do talk we won't have to start at square one.  I do appreciate your assistance and look forward to your call tomorrow afternoon. 

Side comment:  Sure, bimbo spent a large amount of time researching the matter which she assessed a lawsuit from Getty and McCormack was imminent.  LOL!

=====
My reply:
You said you had an attorney contact Getty?  If so, was it via mail or email or phone? do you have that correspondence?

Matthew
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Certified mail and email.   I have all correspondence. 

Thanks

Sent from my iPhone

=====
My reply:
Don't make this difficult for me by asking for every item. Please send them and any other communications to me. I can't help you if you are giving me pieces of information.

Matthew
======
Matt,

I was under the impression that we could simply discuss the situation and that not all of the documents were needed.  There is a year's worth of correspondence that can be summed up in 5 minutes.   If you really need them, I can get them.  However, our attorney will be very hesitant to send this documentation without some sort of vetting process. 

If at all possible, can we just discuss without digging through all of the info?  Is there something you're looking for in particular? 

Thanks

Sent from my iPhone


Side Comment: Bimbo has already dealt with her case for a year with her so-called attorney and she/they thinks there is a lawsuit coming.  And yet, she wants to summarize the letters in 5-minutes?  Hey, genius, why don't you let me determine what's important or not?  After all, it was you and your attorney's excellent and expert handling and assessment of the situation that led YOU to believe you are now going to be sued over one image for $1,400!  What I am looking for in your letters is to see what dumb things you SHOULDN'T have said, dumbass, and how far you ran this train into the ditch.  It's very difficult to run the Getty/McCormack train into the ditch but you might be the first!

=====
Again - I do appreciate your help.
I'm sure can come to some conclusion without spending too much of each other's time. 

Thanks again,
xxxxxx

Sent from my iPhone


Side comment: She thinks I am negotiating with her to see the documents of her case?  WTF.

=====
My reply:
You don't appear to understand the purpose or prerequisites of the ELI Support CAll.  This isn't a chat line where you run a Q&A session.  It is a directed, fast-paced consultation.

Given the impression I have of your request, I don't think I can proceed.
=====
My reply:
All documents and communication are required to be submitted because I don't like being caught off guard.  It is a stated requirement before you can get a support call.  You aren't paying me to "just have a conversation".

Since it is too inconvenient and you need to get permission from your attorney over YOUR letters, I don't think I can do a good job for you.  The fact you have used a year full of letters shows me how little you and your attorney really know.

I will issue you a Paypal refund.

Matthew
=====
Matthew,

We feel the need to be careful with sensitive data as you have not been fully vetted.   How do I really know if I'm speaking with the right person? 

So no.  We aren't going to put 100% of our company's information out there - especially without a written and signed agreement that you wouldn't share it with anyone. 

If you can't help solve the problem via conversation, then you obviously can't help.   

Thanks

Sent from my iPhone


Side comment:  WTF. Are you fucking kidding me?  She wants to vette me if I am qualified to talk to her? Am I the right person for her talk to?  She wants me to sign a confidentiality agreement?  All of this for a $59 call?

=====
My reply:
Good luck, you are going to need it.

Side Comment: Hey bimbo, don't expect too much sympathy from others given your business is a collection agency. Your attorney might know something about collections but don't hire him to respond to a copyright issue, dumbass!
=====

Since she wasted my time over all this, I decided to put this post together to let others know how an ELI Support is NOT supposed to go. I feel no obligation to help bimbos or anyone else even if they pay the ELI Support Call fee.

Bimbo needed to get out of her own delusional way.

And remember, DON'T BE THIS BIMBO!
« Last Edit: January 10, 2013, 03:57:42 PM by Matthew Chan »
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.

Robert Krausankas (BuddhaPi)

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Re: ELI Support Call: Don't Be This Bimbo and Waste My Time
« Reply #1 on: January 10, 2013, 08:11:10 AM »
If they had done ANY research at all, like all of 5 minutes or so, they would know that Getty Images does not file lawsuits.. Furthermore you would think their "attorney" would be smart enough to at least look in pacer and see this..

I really got a kick out of this:
We feel the need to be careful with sensitive data as you have not been fully vetted.   How do I really know if I'm speaking with the right person? 

So no.  We aren't going to put 100% of our company's information out there - especially without a written and signed agreement that you wouldn't share it with anyone. 


sensitive data??? fully vetted?? this is hilarious, you'd think we were talking about top secret government documents for christs sake!

I bet the "sensitive data" contains sales history and money the site made supplied to McCormack, because he asked for it, and arc collections lawyer was dumb enough to give it to him...

"We aren't going to put 100% of our company's information out there"

since I have nothing better to do at the moment:

* DELETED BY Matthew *
----------------------------------------------------

Need I remind folks of the stellar reputations that collection agencies have??
« Last Edit: January 10, 2013, 03:54:58 PM by Matthew Chan »
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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lucia

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Re: ELI Support Call: Don't Be This Bimbo and Waste My Time
« Reply #2 on: January 10, 2013, 08:29:28 AM »
So who was she going to hire to "vette" you? And how much was she going to pay them?  Obviously, she isn't required to hire you if she doesn't trust you. But hiring you and not supplying documents you need to do the job she is engaging your for is ridiculous. It's like hiring painters to paint the dining room and then not letting the painters into the house because they aren't "vetted" and you can't be sure they won't steal the silver. 

Well.. guess what. You can't be sure they won't steal the silver.  But obviously, they can't paint the dining room unless you let them in the dining room!
« Last Edit: January 10, 2013, 03:51:54 PM by Matthew Chan »

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Re: ELI Support Call: Don't Be This Bimbo and Waste My Time
« Reply #3 on: January 10, 2013, 10:37:38 AM »
Matt, that's a classic for the ELI Historical Society to prominently feature in the first as well as future editions of The History of ELI.

Reading your experiences with this person confirms my belief that many people truly are stupid... and that's why Getty Images and its copyright troll and collection agent Timothy B. McCormack and his "Mistress of Misrepresentation" Ashanti A. Taylor so easily profit.

Jerry Witt (mcfilms)

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Re: ELI Support Call: Don't Be This Bimbo and Waste My Time
« Reply #4 on: January 10, 2013, 11:54:07 AM »
The fact that the firm she has been in contact with has already kept this issue alive for a year and the fact that she suddenly started talking about "vetting" you makes me suspicious. (I surmise somebody said WHO is this Matt and what is ELI? Have you properly vetted them?) My bet is that they are on their way toward milking hundreds of dollars from her while -negotiating- with Getty.

Sometimes you just can't save people from themselves.
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.

Robert Krausankas (BuddhaPi)

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Re: ELI Support Call: Don't Be This Bimbo and Waste My Time
« Reply #5 on: January 10, 2013, 01:02:44 PM »
My bet is that they are on their way toward milking hundreds of dollars from her while -negotiating- with Getty.

Sometimes you just can't save people from themselves.

hahah Timothy B. McCormack the "Copyright Cow" milking someone...is this an oxymoron?? or just plain old "moron"??

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..

Robert Krausankas (BuddhaPi)

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Re: ELI Support Call: Don't Be This Bimbo and Waste My Time
« Reply #6 on: January 10, 2013, 01:04:28 PM »
Perhaps Mark registered agent and CEO should take over..better late than never!
« Last Edit: January 10, 2013, 03:55:23 PM by Matthew Chan »
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..

Greg Troy (KeepFighting)

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Re: ELI Support Call: Don't Be This Bimbo and Waste My Time
« Reply #7 on: January 10, 2013, 05:50:24 PM »
I find it humorous that this person states this has been going on for a year now and they hvedone a lot of research on it yet after a year this they do not know that McCormack has never filed any type of court action against anyone on Getty's behalf nor his Getty ever sued anyone over a single image in the US.

I wonder if her lawyer even researched any the cases quoted in the standard McCormack letter to realize they are not relevant in any way to the typical case of innocent infringement. As long as there are people out there who will believe these letters hook line and sinker and continue to try to deal with Getty out of fear then the stock photo agencies will continue to pray upon the ignorant and uninformed until they are forced to stop by the courts or legislative action.

I agree with Matthew's last statement "Good luck you're going to need it".
« Last Edit: January 10, 2013, 05:52:48 PM by Greg Troy (KeepFighting) »
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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Re: ELI Support Call: Don't Be This Bimbo and Waste My Time
« Reply #8 on: January 10, 2013, 06:05:55 PM »
However, our attorney will be very hesitant to send this documentation without some sort of vetting process.

Oddly, I can understand why an attorney representing her would be reluctant to both (a) supposedly be the one advising and representing her and (b) having her simultaneously consulting someone else who might give entirely different advise.  Either she thinks her attorney can represent her or she doesn't.

To some extent, if she needs an ELI person and wants that person to be  bound by attorney-client privilege or confidentiality, she needs to hire Oscar not Matt. Right off the bat, that would cost more.

But on top of that, if she's going to continue to retain her other attorney, I'm sure that wouldn't fit into Oscar's letter program because that letter program doesn't include consultations with a clients "team" of attorneys. So I would think that if Oscar was willing to take a case under those conditions (and he might not be), he would insist on his normal fee structure.

Paying two attorney's at normal rates? She might as well pay McCormick!

Robert Krausankas (BuddhaPi)

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Re: ELI Support Call: Don't Be This Bimbo and Waste My Time
« Reply #9 on: January 10, 2013, 06:28:48 PM »
* DELETED BY Matthew *
----------------------------------------------------

oops...I might be in the dog house....
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..

Oscar Michelen

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Re: ELI Support Call: Don't Be This Bimbo and Waste My Time
« Reply #10 on: January 11, 2013, 07:28:25 PM »
What this letter/email  trail shows is the effectiveness of Getty's programs.  Look how this woman who has hired a lawyer and run a business is so intimidated and in full belief that McCormack is going to file suit. Despite all the info (FOR FREE) on ELI, videos, forum posts, memes, etc., letting her know what is going on she still needs to "vet" Matthew before sending her documents. I wager she settled with them after her lawyer told her she should just pay and make it go away because his/her fees will exceed the settlement amount.  So this person was totally taken in just because McCormack asked the lawyer if they would accept service. (Robert - too late to re-award that Asshat of the Month award?).  But her ineptness is also proof of why we need to make sure that ELI stays current and informative as we approach our fifth year. The vast majority of folks do not call Matthew or me - they just call Getty or their normal business lawyer and send a check.   

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Re: ELI Support Call: Don't Be This Bimbo and Waste My Time
« Reply #11 on: January 11, 2013, 07:48:14 PM »
Terrific summation, Oscar. Right on the button!

For those just receiving a Getty letter, the seven words above come from a senior citizen (me) who did his homework on ELI and consequently learned he would be a fool to pay a dime to the copyright extortionists.

I can say from personal experience, too, that it's extremely satisfying to stand up to copyright trolls like Getty Images and their collection agent Timothy B. McCormack and not give into their misrepresentations and downright lies regarding copyright infringement.

Here's hoping for another five good years of education from ELI. Thanks to Matthew and Oscar for keeping the site going. And thanks to Robert and Jerry and Greg and SG and Lucia and Peeved and all the other regulars on the forum who continue to contribute so much to educate others.

Jerry Witt (mcfilms)

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Re: ELI Support Call: Don't Be This Bimbo and Waste My Time
« Reply #12 on: January 11, 2013, 08:08:59 PM »
My guess is that her lawyer "negotiated" them down to $700 or $800 and then charged her $300 to $400. Still less than the original claim, but, as we all know, about $1200 more than she should have paid. Well played, lady. Well played.
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.

Greg Troy (KeepFighting)

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Re: ELI Support Call: Don't Be This Bimbo and Waste My Time
« Reply #13 on: January 11, 2013, 11:18:52 PM »
LOL!  ;D

My guess is that her lawyer "negotiated" them down to $700 or $800 and then charged her $300 to $400. Still less than the original claim, but, as we all know, about $1200 more than she should have paid. Well played, lady. Well played.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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April Brown (AuctionApril)

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Re: ELI Support Call: Don't Be This Bimbo and Waste My Time
« Reply #14 on: January 12, 2013, 11:39:55 AM »
Thew needs to start a thread called "Roberts deleted posts". I agree with Peeved - this is just is just too funny. Clearly she had already vetted Thew. My reading between the lines exposed a time suck and drama addict. They've been interacting with an attorney for a year and are just now getting around to doing research? She finally spends a few minutes on the net and finds experts to argue with? http://youtu.be/btdQIelqCfc?t=19s

 

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