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  • 800Notes Receives a Legal Threat from mynutritionstore.com

    27 Jun 2008

    Last week we received a letter from Thomas Georgianna, mynutritionstore's lawyer, in which he demanded the removal of unfavorable postings to avoid a costly lawsuit against 800Notes.com.

    Apparently, our user received a call from the company and reported a bad experience. A few more consumers expressed their dissatisfaction. Although, the positive comments in the thread outnumber the negative ones, we have discovered that many of the “positive” responses appear to be posted by mynutritionstore itself.

    When we replied that 800Notes.com cannot be held legally responsible for the posted material (such protection is provided by the Section 230 of the Communications Decency Act), Thomas Georgianna responded that in this case if we don't remove the postings they will sue the owners of 800Notes. He apparently hoped that the threat of expenses involved would drive us to comply with his demands.

    In response to the threat Paul Alan Levy, a Public Citizen attorney, sent an open letter to Thomas Georgianna where he outlined the many reasons why this theory of forcing the website to shut down by increasing its legal expenses will not work.

    Read more at Consumer Law & Policy Blog

    Comments

    • Jason
      27 Jun 2008
      Keep us posted on any updates about this.

      Thanks :-)
      • You Go Girl replies to Jason
        23 Jul 2008
        Before sites like this, became available, the consumers were left at the mercy of companies like this, after the damage was done.  Small Claims Court, can sometimes be a waste of time.  Law suits, are very expensive. And we all know that the justice system is for sale in many instances, if you happen to be the highest bidder. The Better Business Bureau has protected businesses that are unethical.  So what is left?  I for one, am very pleased that sites like this are available to bring companies to their knees, when they don't deliver on their promises and treat the consumer badly.  My question is, can these people get IP addresses from these sites?  I posted a comment on another thread, and after the company threatened to find IP addresses, some of the notes and comments were taken off the site.
        • IG Guy replies to You Go Girl
          26 Nov 2008
          no companies can not get your IP off these types of sites in less it is viewable to the whole public. these site can only give your IP addy to authoritive figures (police, FBI and so on) the company might be able to get an injuction (SP?) anyways, an injuction is pretty costly for some thing that they may or may not get.
      • The reZistor replies to Jason
        31 Mar 2009
        Some useful info about the attorney representing MyNutritionStore.com.

        http://www.ocpilaw.com/Attorney-Georgiana.php
        http://www.ocpilaw.com/images/TG.jpg
        http://www.linkedin.com/pub/7/717/a23

        Some useful info about MyNutritionStore.com

        888-712-3888 is linked to the number 949-428-8828. Both numbers are to a company called MyNutritionStore.com a company based in California and conducts business throughout other states.

        1) MyNutritionStore.com seems legitimate, however, it employs unethical marketing strategies at minimum and engages in fraudulent activities at worst. Several consumers have complained of the lack of quality customer service, receiving below-standard products or not receiving their products at all, and intentional and deliberate telemarketing schemes through the use of coercive tactics.

        2) MyNutritionStore.com have made several attempts to silence those who have made public-domain complaints against them.  In one particular instance, the company attempted to threaten litigation against 800notes.com, which merely provided a medium through which the public can voice its opinions regarding questionable or suspicious telephone calls or contacts.  MyNutritionStore.com, thus far, has failed to follow through on its legal threats, perhaps fearing that they have no fundamental grounds upon which to file their claim.

        3) Based upon open-source research, here is information regarding the company's reputation based on its internet profile. This company has loose connections and have not garnered the claimed testimonial support or reputation as claimed by the company's staff itself.  While there appears to be some genuine positive testimony from consumers, an overwhelming number of positive testimony posted on 800notes.com has come from affiliates, members, or employees of the MyNutritionStore.com. Such information was gathered by tracking and tracing internet traffic between the business and various public forums. The company runs traffic via two nameservers "ns1.2advanced.com" and "ns2.2advanced.com" stationed at "2advanced.com," which utilizes internet protocols 216.174.102.0/23; ;216.174.103.31; 216.174.103.32; 216.174.104.0/21; and 216.174.105.224. The company's internal/external electronic mail traffic is transmitted through their in-house mailserver "mail.mynutritionstore.com" which employes internet protocols 216.174.104.0/21 and 216.174.105.224. All primary traffic operates through gtld-servers.net. Examples of such traffic was elicited through:
        http://fr-fr.facebook.com/people/Nicole-Stepanian/610231922
        http://jim-stepanian.blogspot.com
        http://www.myspace.com/mynutritionstore
        http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=21842505
        http://jimstepanian.wordpress.com/2008/07/15/ ... es-whey-science
        http://jimstepanianmysleep.wordpress.com/
        http://nomorefatforyou.blogspot.com
        http://mysleepscience.blogspot.com
        http://weightlossatidea.blogspot.com
        http://liver-detox.blogspot.com
        http://spirulinascience.blogspot.com
        http://probiotic-health.blogspot.com
        http://lowercholesterolcardiacfx.blogspot.com
        http://coloncleansehealth.blogspot.com
        http://weightscience.blogspot.com
        ***Impending monitoring will determine what types (if applicable) of other telecommunication architectures it employs such as FTP, VoIP, etc.

        4) Based upon open-source research, here is information regarding the company and its owners. MyNutritionStore.com is recorded as being located at 2575 McCabe Way Suite 150, Irvine, California 92614 (Telephone: 888-712-3888; 949-428-8828; 949-428-8824; and Fax: 949-955-1995).  The registered owners are James Stepanian and Nicole Stepanian (Email: nutri88@gmail.com or njstep@gmail.com).  The owners also manage "NutritionCalifornia.com" and "Nutri88 Incorported" which is DBA as "MyNutritionStore.com." James Stepanian and Nicole Stepanian, who own approximately 744 other domains, are recorded as being located at 11945 Lambert, Tustin, California 92782 (Telephone: 714-389-5461). They also own homes at 16 Soaring Bird Court, Las Vegas, Nevada 89135 and at various other locations in the United States. Nicole Stepanian is a PTO Committee Chairperson at the Ladera Elementary School located at 2515 Rawlings Way, Tustin, California 92782. An administrative/technical contact for this company is John Jazlin (jhazlin@mynutritionstore.com). The company's telephone numbers include: 888-712-3888; 949-428-8828; 949-428-8824; 949-955-1995 (Fax). According to the Better Business Bureau, this company has had one complaint filed against it. This company is not accredited with the Better Business Bureau, and as such, the BBB cannot provide additional information regarding the company's practices. The company's ID number is 100067539.

        BE ADVISED THAT ALL OF THE AFOREMENTIONED INFORMATION IS OPEN-SOURCE AND PUBLIC DOMAIN.

        Hopefully this information can alleviate stress and comfort, and provide a little insight on who the public is dealing with when confronted with an "anonymous caller." FYI, compiling this information took 10 minutes.

        Cheers...

        -The reZistor-


        <<cc:GOV7651@rezistor.com>>
        <<fw:M7651K@****.gov>>
        <<user:MIMEscript//disableCopy>>
        <<trace:DisAB21/f/03302009>>
        <<NevStationZR51>>
    • Shaun
      27 Jun 2008
      LOL - that is awesome - crappy company hires big time threat lawyer to stop bad publicity.  What a great contry we have. lol
    • Kyri
      27 Jun 2008
      Okay, yeah, because Constitutional rights are SOOOOO not the trend right now.
    • Nick
      27 Jun 2008
      Awesome open letter. Very nice.
    • AUTOSHOPGUY
      27 Jun 2008
      800Notes receives a LEGAL threat

      The first way it was written would require notifing authorities.
      The way I wrote it - 800Notes could just say call our lawers.

      PS - I just wrench on cars.  No legal background.
    • Mary M
      28 Jun 2008
      I guess the truth hurts these crooks so they want to go after the honest guys like 800notes
    • Not Scamming ME
      30 Jun 2008
      If they don't want bad feedback then don't be a rotten Company!
      • jammer replies to Not Scamming ME
        7 Jul 2008
        That would require ethics, and that word is not in their vocabulary, or dictionary.
    • That's better
      30 Jun 2008
      A hearty chuckle, thanks for posting the news. Hang in there Ms. Forte, et. al., you're doing a good thing!
    • Faithful user
      1 Jul 2008
      Julia Forte and 800 notes are the best ! Nice letter written by your lawyer to this bottom feeding ambulance chaser ! Hey Julia how about a date ?
    • Lil Reminder
      1 Jul 2008
      If 800notes.com makes MONEY off the site and contents,its liability is NOT limited,They ARE responsible,and they have put themselves in a very actionable position. If it were non profit,it would not have a worry.
      But it makes $ from ads.. Money changes everything.
      You make money,you ARE liable. The'we don't edit post or censor' but not adding 'and we make cash from the advertising on it' doesn't work.

      Period.

      I learned the hard way by getting sued over a site,and,open letter or not,that a** WILL find a judge that agrees.

      Thats what sucks.800notes does a service,and just because they earn a lil bit of money to keep it running (I assume) some criminal telemarketer will sue because THEY are the victim.

      Do what I did.
      Get em on the phone,backtrace the call thru a sw comp prog,and if it's local...and that's rare,all out of Florida..why that State doesn't do something I have no clue..go beat the living CRAP out of the guy in the parking lot.
      Worked for me. Not for him though.
      Too bad I couldn't tell him my name.But he knew it was Karma.
      Punks.
      • jerrt replies to Lil Reminder
        1 Jul 2008
        I don't think you know what you are talking about. There is NOTHING in CDA 230 that says that a website looses immunity if it runs banner ads.
      • Mike replies to Lil Reminder
        1 Jul 2008
        According to the law, it does not matter whether a website has ads or not. If content is provided by user submissions the website is a "service provider" that IS NOT responsible for the moderation of the content.

        Here is an article that explains Section 230
        http://www.citmedialaw.org/resources/primer-s ... ons-decency-act
      • A Harassment Victim replies to Lil Reminder
        2 Jul 2008
        I do not have to pay a cent or gve any personal info to post my personal experiences on this site.  This site does a good service, and is free to all users.  The money comes from a different source, and therefore limits liability for what is FREELY posted.  Do NOT forget the protections of the First Amendment of the Constitution of the United States of America, which (as was posted earlier) doesn't seem to be too popular at the moment.  However, it is still VERY applicable.  If you were successfully sued regarding a same situation, find a better lawyer.
    • Laughing at it
      1 Jul 2008
      It will be interesting to see the outcome. Hopefully it won't turn into a bunch of lawyers circling the pickle bush running up a tab for filing this and writing that.
    • random consumer
      2 Jul 2008
      Worth a fight, I would dare them to make a stink. the consumer backlash will far outweigh any bad publicity they were previously getting plus the story would get media attention.  We've seen this movie many times...
    • Tired of being a doormat to corporations
      3 Jul 2008
      Good for you providing a space for consumers to share info about bad business practices. Way to go and keep it up!  Without a site like this, consumers like me have to fume alone!
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