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Author Topic: Higbee Email Follow Up Sequence  (Read 1616 times)

Ofir1968

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Higbee Email Follow Up Sequence
« on: May 28, 2018, 09:42:09 AM »
Does anyone have copies of the autoresponder emails that Higbee sends.

I imagine Higbee uses software to try and detect if his emails are opened.  Thus, I'm trying to avoid the need to even bother opening the emails.

Does anyone have copies of Emails 5 onwards?


EMAIL 1:

Subject:  Follow up from Higbee & Associates

[blah blah blah - description of the issue]

To resolve this matter efficiently and amicably, please follow these steps:

(1) Immediately after receipt of this email, remove all occurrences of the image from your website(s), cease using it in any way, and confirm in writing that you have done so.

(2) Immediately after receipt of this email, return to our firm the attached Release License, along with your payment in the form of a valid cashier’s check or money order for $xxx payable to ''Higbee & Associates Client Trust Account''.  This can be returned to us via US Mail. You can also pay online at https://copyright.higbeeassociates.com/resolution. If you choose to make your payment online, you can return the Release License via email to claims@higbeeassociates.com. The email must include the case number XXXXXX in the subject line.

*******************

EMAIL 2:

Subject: Ignoring this Problem Will Only Make It Worse

This is a follow-up to the letter and email that we sent you regarding the unauthorized use of copyrighted materials owned by our client, XXXX. We want to work with you to resolve this in an efficient and fair manner.

Ignoring this problem will likely result in a dramatic increase in costs and stress.  Please call us or go to our secure online Resolution Center and either make a payment or let us know why you believe you do not owe money for using our client’s work.

*******************

EMAIL 3

Subject: There is Still Time to Save Money & Reduce Stress

We mailed you a letter and sent two follow-up emails about the unauthorized use of our client’s copyrighted materials. It is our client’s hope that this matter could be resolved without incurring more costs than his have already incurred. Yet, we have not heard from you.

US Copyright Law provides strong protection for owners of copyrighted material. If he is forced to file a lawsuit to resolve this matter, you could be liable for damages that are many times more than what my client is now requiring,  as well as his attorney’s fees -- not to mention your own attorney’s fees. It simply makes no sense to ignore this issue, especially, when our client is willing to work with you on resolving it.

If we do not hear from you within about one week, we will recommend that our client consider simply filing a lawsuit.

Please call us or go to our secure online resolution center and either make a payment or let us know why you believe you do not owe money for using our client’s work

*******************

EMAIL 4

Subject: Case Manager Introduction

My name is Michael.  I am a Claim Resolution Specialist at the Law Firm of Higbee & Associates.   My job is to help resolve copyright claims without them having to go to court.  I will be calling you soon to talk about a letter the law firm sent you involving a potential copyright claim by XXXX.   If you have not received it, I can provide you an electronic copy.

I am not one of the attorneys.  I have about 14 days to try and resolve this claim before the claim gets escalated to the attorneys.  The claim gets more stressful and expensive when it gets moved to the attorneys— my goals is to not let that happen to you.

Here are a couple of things that can help solve this potential problem:

First, if you have a license for the image that was purchased prior to the image being used, please let me know and provide it to me via email.

Second, most business liability insurance policies covers this type of claim.  Please contact your insurance provider.  If they say they do not cover this type of claim, I will be glad to have one of our attorneys review your policy to see if they are wrongfully denying you coverage.  It is in both of our interests to make sure your insurance provider is not denying you coverage that you paid for.

If you did not have a license or proper business insurance, we can talk about how to come to a reasonable resolution.  I will call you soon.

In the meantime, feel free to email me or call me on my direct line at 714-617-8363.

Thank you,

Michael Adela
Claims Resolution Specialist



Matthew Chan

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Re: Higbee Email Follow Up Sequence
« Reply #1 on: June 05, 2018, 06:46:45 PM »
You are overthinking this. If you don't want to read the email, don't. 

You assume this is all run as a script.  It is true to some degree. But if the next email is NOT a script, what then? You won't read it?

You can't have it both ways. You either want to be informed to what is coming your way or you don't.

Even if someone posted a scripted "5th email", there is no guarantee that everyone gets the same scripted 5th email because by the 5th email is sent., people will likely respond in different way.  Not everyone sits quietly ignoring requests to take down a potentially infringing image.

Once someone removes an image (which is generally the appropriate response), there is a tacit acknowledgement someone was informed in the matter. Either that or it is a big coincidence that an image gets taken down shortly after extortion letter notices go out.

Unless someone is definitively going to execute the "go dark" strategy, people should considering reading and be informed. No one says you have to respond but one should be informed.
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.

Karma

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