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Settled with PicRights, now getting harassed by Higbee for the same image

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Matthew Chan:
Up until yesterday for the last 10 years, our general stance is that class action discussions are a non-starter. A few lawyers have come and gone looking to the matter which resulted in crickets. However, respected DC lawyer Paul Alan Levy wrote this yesterday:

As I see it, Higbee is skating at the ethical edge here. If he does this on a regular basis, as it appears he does, he may will be leaving himself vulnerable to a class action claim from victims to his bullying who have paid him based on such misleading representations.

https://pubcit.typepad.com/clpblog/2019/02/consumer-warning-copyright-trolling-by-higbee-and-associates.html

Mr. Levy seems to be indicating there might be a class action claim possibility from those victims who have actually paid him, not those just being threatened and have not paid. That is the most I have heard from any lawyer.



--- Quote from: btb4219 on February 08, 2019, 03:01:19 PM ---The same thing happened to our company recently and a few others identified online. Has anyone else been asked to participate in a class action on this?

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daniobb:
I absolutely believe a class action is one way to potentially bring awareness and put a stop to Higbee.  Also, Matthew Chan, are there any risks to filing a complaint against Higbee with the California Bar Association? 

Matthew Chan:
There is always a some level of risk when you file a written complaint about someone or business. People don't like it, get defensive, and you draw attention to yourself.  As such, your complaint should be grounded and credible, or you come off looking badly. In the case of Higbee's operations, they likely deal with hundreds of cases at any given time.  But if you were to file a complaint, you would certainly draw attention to your case.

And if they attempted to retaliate in an unfounded or inappropriate way, they would subject themselves to yet another potential complaint.

Essentially, I come from the school of thought that file a complaint if you think the situation is valid.  But if you are doing it "just because" or for weak reasons, it might not be a "net positive" result.

The whole class action thing is still unlikely for a variety of reasons. But who knows? There might be some brilliant lawyer that could surprise us one day and take it on.


--- Quote from: daniobb on February 19, 2019, 01:13:19 PM ---I absolutely believe a class action is one way to potentially bring awareness and put a stop to Higbee.  Also, Matthew Chan, are there any risks to filing a complaint against Higbee with the California Bar Association?

--- End quote ---

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