Last week GDS Publishing, a New York company that runs meetings and publishes magazines aimed at various commercial sectors, has threatened to take us down and sue us in the UK under UK libel laws for publishing complaints about its telemarketing practices.
Well, their threat did not go unanswered. Paul Alan Levy at Public Citizen responded to the lawyer hired by GDS, and his response is the funniest smackdown letter I've ever read.
Make sure you read through the whole thing because it gets better and better.
"It all starts off with just a libel tourism attempt, but then devolves into a true comedy of threats and errors, involving misaddressed threats, ridiculous claims of confidentiality and implied threats of copyright lawsuits on publishing the letters that reveal this comedy of errors."
NY Company Threatens 800notes Via UK
Comments
- toby| 2 repliesAn English court ruling against American free speech? Didn't we fight a revolution over that very issue?
Once again Paul Levy and Public Citizen come to the rescue, not only of Julia Forte and 800Notes, but every one of us who cherishes free speech. And once again my check is in the mail in support of Public Citizen. I wonder if anyone can get this info to a major media outlet who might want to do a story on GDS trying to use English courts to circumvent the First Amendment with foreign judgments against free speech in the US. - JJMuch Thanks and Appreciation to Mr Paul Levy and Public Citizen for defending our priceless American Free Speech. I find 800Notes to be an informative and valuable public forum.
- njon replies to toby| 1 replyThe UK has some seriously flawed Libel Law whereby the defendant must prove the statements they're sued for are true. In the US, the burden is on the plaintiff to prove that the statements are false.
It is unlikely there would be much direct effect if there was a legal suit in the UK suing a company like this in the US, but it would be unwise for the site owners to travel to England in the event there was a lawsuit and it was ignored or lost by default.
If you get sued in a foreign country, consult attorneys at home and abroad to determine the risks.
Thanks for this amazing website! It has been very helpful in identifying random robot callers from all over the country! Keep up the good work, everyone. - OldscribeThe whole threat is farcical in that they are upset at the OPINIONS posted by INDIVIDUALS. Even in the UK (where I went to college), people are entitled to their OPINION, right or wrong, and NEVER have to defend or prove that opinion to be factual or anything else. Example: "So and so are frauds and scofflaws." - possibly libelous; "I think that was about the most deceptive, annoying telemarketing call I have ever received." - OPINION, cannot be libelous.
Nowadays, in my OPINION, corporations are such coddled cry babies they want to squeal anytime someone complains about the behaviour, regardless hos inane, immature, or annoying. Public Citizen is a fine organisation, worthy of our support. - 4q2| 1 replySounds like Jamie "spamtard" Baillie is moonlighting at Gillhams.
- ipIf they think they can sue us for free speech, then we should be able to enforce the do not call registry pusuant to calls originating outside the U.S. jurisdictions, or owned by non U.S, entities.
- PaulMAs a former UK journalist, I would agree that the UK libel law tends to favor the company which claims it was falsely maligned. It is still a valid defense to state that you had reasonable grounds for believing what you wrote was true. The problem is that the onus is on the defense to show that you had evidence to believe it was true. This means that you can run up some serious legal costs even if you were right. Many publishers prefer to apologize rather than fight a case.
Another issue is that UK law makes the publisher responsible, as well as the author. The US has laws which say that an internet company, like a telephone company, is not responsible for what is said over its service but in the UK a web site is regarded as the publisher. - Will[removed:lang]the UK! Have the UK fight a another war against us and lose if they don't like free speech. Let's have Sarah Palin and the Tea Party start off with the first round!!!! Tell that jerk Judge (they are called [***] over there, just like with Nigerian Conmen) that you are wiping your ass with their sobpoena just like Larry Flynt did!
- Will replies to njonI'd say if I were 800 Notes default and let those [***] attorneys [***] in thier pants. They can't get blood of a stone. Just never set up shop in the UK and you will be fine. Our Country will not extridate as it is not murder. Please Default (I want to see the look of their lawyers faces when they can't collect and Plantiff has to pay them their fee!!!)
- AlanCheck this out! Here's the bio page for the esteemed Mr. Ellis! http://www.gillhams.com/lawyers/leighellis.cfm
I love this line the most:
"With a keen eye for detail, technical expertise and genuine interest in the law, his skills facilitate identification of sources of evidence easily overlooked and discounted, unravelling the complexity in technology disputes and maximising the value and weight of evidence in court proceedings"
Yep, I'm glad he has such a "keen eye for detail"!!
What a moron! - doNothingYou know? I hope these callers see how their boss is behaving by spending all this money on these extravagances, instead of concentrating on paying them their salary.
- AC replies to 4q2Nice one!
- DAOAwesome! Well done... Do you take requests, taking volume into account? Can *someone* do anything about ICS and their nonstop intrusions into homes of people without any debt to collect, but being farmed for information and blessed with constant phone calls? ICS... #1 in invasive, unethical, automated calls.
- mark| 2 repliesJulie - we need a address to serve a cease and desist letter to 1-800 Notes - if not provided in 15 business days, GTG will seek a injuction and $37,5m suit against 1-800 Notes
Please respond immediatey to Mr. Charles Pearlman @
Mr. Charles B. Pearlman
Quintairos, Prieto, Wood & Boyer, P.A.
Attorneys at Law
One East Broward
Suite 1400
Ft. Lauderdale, Florida 33301
Rehards,
M.G. Urbanski - strayGod Bless 1-800 Notes! I can assure you this site has offered invaluable information regarding the faceless, sometimes even nameless, robots that interrupt daily life for American families with constant and unwelcomed phone calls. A truly valuable site and one I will continue to suggest to anyone who will listen. It is unbelievable to me how many corporations feel entitled to interupt our lives to push products and services a large majority are not interested in.
Good work guys and know that you have many fans in your corner. As far as the geniuses who continue to push this flawed and feeble "lawsuit" (see comment above....then insert eyeroll) I hope this story breaks through into mainstream media so all of America can collectively point and laugh. Take care and keep up this extraordinary work!
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