800Notes Receives a Legal Threat from mynutritionstore.com

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

  • 0
    Jason
    | 2 replies
    Keep us posted on any updates about this.

    Thanks :-)
  • 0
    Shaun
    LOL - that is awesome - crappy company hires big time threat lawyer to stop bad publicity.  What a great contry we have. lol
  • 0
    Kyri
    Okay, yeah, because Constitutional rights are SOOOOO not the trend right now.
  • 0
    Nick
    Awesome open letter. Very nice.
  • 0
    Mary M
    I guess the truth hurts these crooks so they want to go after the honest guys like 800notes
  • 0
    Not Scamming ME
    | 1 reply
    If they don't want bad feedback then don't be a rotten Company!
  • 0
    That's better
    A hearty chuckle, thanks for posting the news. Hang in there Ms. Forte, et. al., you're doing a good thing!
  • 0
    Faithful user
    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 ?
  • 0
    Lil Reminder
    | 3 replies
    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 ass 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.
  • 0
    jerrt replies to Lil Reminder
    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.
  • 0
    Mike replies to Lil Reminder
    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
  • 0
    Laughing at it
    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.
  • 0
    random consumer
    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...
  • 0
    A Harassment Victim replies to Lil Reminder
    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.
  • 0
    Tired of being a doormat to corporations
    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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