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  1. #1
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    Jun 2003
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    "I'm going to sue you" boilerplate response

    Taking I've just been threated again for terminating a small account (warez) I thought I might write a standard response to that, bearing in mind most of them are small kiddies. What do people think of the following

    "As you have threatened legal action we will no longer communicate with you apart from through your appointed legal representative. Please send your appointed legal representative details to the physical address at <website URL>. No internet based or phone based correspondance will be entered into at any point unless done with legal representation present."
    Russ Foster - Industry Curmudgeon
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  2. #2
    Join Date
    Sep 2006
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    I think a standard email like this is good idea for certain situations, but no the situation you described. There is a simple answer to this issue. Tell them your TOS specifies any Warez sites will be terminated immediately and that they agreed to the TOS, so it is a clear cut case.

    The last someone who runs an illegal warez site wants to be is in court because they don't have a leg to stand on.
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  3. #3
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    Yeah I understand that point in this exact case, however I'm talking more general, for me the warez is an aside in this case though you are correct.
    Russ Foster - Industry Curmudgeon
    Freelance Sysadmin for Hire - email vaserv@gmail.com

  4. #4
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    a2b2, I'm not sure if "legally" it's worded correctly (we all know how lawyers can be), but it sure sounds good to me!
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  5. #5
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    I recommend that whomever says they are going to sue me have their legal counsel give me a call at the office and I would be more than happy to drop whatever I am doing and speak with them regarding the situation.

    I have yet to receive a call from anyone's lawyer yet...
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  6. #6
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    Quote Originally Posted by PWRKen

    I have yet to receive a call from anyone's lawyer yet...
    And it's doubtfull you will. At least not very often.
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  7. #7
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    Quote Originally Posted by a2b2
    Taking I've just been threated again for terminating a small account (warez) I thought I might write a standard response to that, bearing in mind most of them are small kiddies. What do people think of the following

    "As you have threatened legal action we will no longer communicate with you apart from through your appointed legal representative. Please send your appointed legal representative details to the physical address at <website URL>. No internet based or phone based correspondance will be entered into at any point unless done with legal representation present."
    That is very close to what we say as well. It has worked every single time. The people that have actually had their attornies contact us (with threats of legal action) never warn in advance. Funny thing is, after almost 10 years and maybe 4 actual threats from attornies...not one of them even bothered to go any further with it.

    One was from a guy who didn't renew his domain name and then tried to sue us for about $13,000 in "damages" for his site being down.

    --Tina
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  8. #8
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    Quote Originally Posted by AH-Tina
    That is very close to what we say as well. It has worked every single time. The people that have actually had their attornies contact us (with threats of legal action) never warn in advance. Funny thing is, after almost 10 years and maybe 4 actual threats from attornies...not one of them even bothered to go any further with it.
    That's usually what happens. Folks make noises of legal threats, but either don't go through with it, or their lawyer tells them not to. We've had a few like that. Good for a laugh though.
    One was from a guy who didn't renew his domain name and then tried to sue us for about $13,000 in "damages" for his site being down.
    haha, I remember that being on WHT many moons ago.
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  9. #9
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    Oct 2004
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    Oneida, NY
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    I just give them this response:

    "Good luck with that. Ticket closed."

    Big things coming soon

  10. #10
    Your best reply is either none at all (best) or a directive to have their legal representative initiate contact through the appropriate channels. End of story. Do not engage in any back and forth with them, do not respond to any followups from them. Set filters if they continue to write in, frothing at the mouth. In the incredibly rare event you do receive anything, turn it over to your attorney with any relevant documentation that s/he needs to review.

  11. #11
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    Yet another kiddie host who threatens to sue when they can get sued 10 times worst. It's funny seeing their threats and how they can bring in their "lawyers".
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  12. #12
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    Feb 2006
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    Alot of the time dealing with disgruntle customers you will have these types of emotional attacks against the service provider. In many cases, brush it off your shoulder and call it a day. You have a legal binding terms of service agreement that obviously was agreed to upon any customer signups. That TOS is imposed for a reason....so you don't have to write statements like you have. Any one customer going against a terms of service (if infact they defaulted in any manner) to discuss legal matters with a civil attorney would be laughed out of the building and into their car (or city bus)

    Any hosting customer that states "I will sue you" basically is dumber than dirt. Consultation fees alone would be more than a years worth of web hosting.
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  13. #13
    Join Date
    Jun 2001
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    Denver, CO
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    We do not respond to legal threats. If someone is persistent about it, we give them the name and number of our lawyer and ask that they reciprocate. No one has ever bothered
    Jay Sudowski // Handy Networks LLC // Co-Founder & CTO
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  14. #14
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    Quote Originally Posted by Nick H
    I just give them this response:

    "Good luck with that. Ticket closed."

    I would not quite respond in that manner, as it might be held against you if the case would come to a court after all.

    The best way is just to be civil about it and answer like the OP a2b2 did.
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  15. #15
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    Quote Originally Posted by Jay Suds
    We do not respond to legal threats. If someone is persistent about it, we give them the name and number of our lawyer and ask that they reciprocate. No one has ever bothered
    I advise against giving them your lawyer's name/number. I did that once and the guy called my attorney and racked up billable phone hours. Since then I simply tell them to give us their lawyer's info and we'lll put him in touch with ours. No one has ever taken us up on that offer.

    --Tina
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  16. #16
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    Cheers for all the feedback time to put this a templated reply into Kayako
    Russ Foster - Industry Curmudgeon
    Freelance Sysadmin for Hire - email vaserv@gmail.com

  17. #17
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    Florida
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    Quote Originally Posted by AH-Tina
    I advise against giving them your lawyer's name/number. I did that once and the guy called my attorney and racked up billable phone hours. Since then I simply tell them to give us their lawyer's info and we'lll put him in touch with ours. No one has ever taken us up on that offer.

    --Tina
    Wow. Never thought about that. They could cost you a lot of money, and their arguement could be that you told them to. Thanks for the warning.

  18. #18
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    Quote Originally Posted by AH-Tina
    I advise against giving them your lawyer's name/number. I did that once and the guy called my attorney and racked up billable phone hours. Since then I simply tell them to give us their lawyer's info and we'lll put him in touch with ours. No one has ever taken us up on that offer.

    --Tina

    Geez, some people. Guess we will have to rethink that one
    Jay Sudowski // Handy Networks LLC // Co-Founder & CTO
    AS30475 - Level(3), HE, Telia, XO and Cogent. Noction optimized network.
    Offering Dedicated Server and Colocation Hosting from our SSAE 16 SOC 2, Type 2 Certified Data Center.
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  19. #19
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    Jul 2006
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    I did have a client contact me with a warning of litigation once from his attorney. It was over a $3,000 refund for a year's worth of service he was not happy over (the guy had no clue what to do and his business was failing so he had to blame someone) but he burned all that up having his attorney write legal documents picking apart my site and TOS. I sent his attorney the check and from what I hear he got maybe $100 at most.
    Matt Armour
    OpenReaction

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