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USA lawyer firm sent this message me on be half of Facebook.com

Discussion in 'Social Networking Sites' started by newSEOmaster, Aug 7, 2012.

  1. newSEOmaster

    newSEOmaster Registered Member

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    Occupation:
    nothing but freelancing
    I was selling some facebook related service from one of my site but on August 2 I got this email

    Re: Cease and Desist Abuse of Facebook mysitename.com
    Dear my name:
    We represent Facebook, Inc., based in Menlo Park, California. It has come to our attention that
    through your website, mysitename.com, you are selling packages of Facebook ?fans?. You
    facebook profiles to promote your service and carry out these acts. Facebook?s terms
    forbid incentivizing users to like Pages that you do not own, using personal profiles for
    commercial gain, creating fake profiles, and deceiving other Facebook users, including the false
    inflation of fan counts on Pages.
    Facebook demands that these

    Sincerely,

    Catherine M. del Fierro Anderson

    Catherine M. del Fierro Anderson | Perkins Coie LLP
    1201 Third Avenue, Suite 4900
    Seattle, WA 98101-3099
    PHONE: his phone no
    EMAIL: his email id

    They also sent me and pdf file in attachment and explain the email there and told me to explain me within 48 hours time.On the same day facebook disabled my personal facebook account which email id was written in my that site.

    I did not read the email on that day carefully.But today when again i got bellow email from same email:

    "The deadline for your response to our letter dated August 4, 2012 has passed. This is a serious matter and Facebook expects to receive your immediate complete written response forthwith"

    This is fully new to me and i am not understanding what can i do?Are there anyone here who faced this type problem any time?Will i shut down my site or services?

    Thanks
     
  2. Zak_A

    Zak_A Jr. VIP Jr. VIP Premium Member

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    Catherine M. is really an attorney working on behalf of Facebook for that matters. Many services like yours have been shut down before, starting with that email/letter, just google her name.

    Facebook seems to take fans selling seriously for a few months.

    After making sure the email really comes from this lawyers firm (and not from a shaddy competitor who tries to scare you), your best bet is to shut down your service and to reply accordingly, otherwise they might shut it down anyway, either by sending a letter to your host, or even by suing you.
     
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  3. DarkPixel

    DarkPixel Jr. VIP Jr. VIP Premium Member

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    Damn, I suggest you contact your lawyer, and then decide what to do next.
     
  4. steelballs

    steelballs BANNED BANNED

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    This is an old chestnut rearing its head one more time best you take the advice of Zak_A and shut up shop!
     
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  5. jeromespitfire

    jeromespitfire Jr. VIP Jr. VIP Premium Member

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    Forward the site to a new domain, registered in an offshore name/address and change email contact. Get some offshore hosting. Then send them back an email explaining that you sold the site to a third party, and that you no longer work with the site. Tell them they should contact the new owner.
     
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  6. RedLable

    RedLable Regular Member

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    Run forrest run.....
     
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  7. GuruDog

    GuruDog Registered Member

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    Don't respond as yourself, and don't infer that you profited by selling the site.
     
  8. mrxinbollywood

    mrxinbollywood Elite Member

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    1) your facebook account deleted
    2) most probably your website also banned in facebook
    3) if you are in 3rd world countries, then relax, but if you are in USA, UK, Canada Then you may face some legal problem.
    4) If you share or post any facebook related stuffs, where you mentioned you have facebook profiles, then deleted those posts or info.
    5) if you selling facebook friends from your website, remove that.
     
  9. Pixel Pirate

    Pixel Pirate Junior Member

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    First of all I would not respond and incriminate yourself, that's what they're hoping for. Just like when you get arrested and they ask you "questions". This is their first line of offense in prosecuting you.

    Note: I'm not a lawyer, nor is this legal advice.
     
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  10. arsaltheman

    arsaltheman Power Member

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    yeah...u don't have to worry but u r not in US, CA or UK...
     
  11. katkoute

    katkoute Regular Member

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    just cut the service clean yr footprints and u good it s like warning
     
  12. kvmcable

    kvmcable Supreme Member

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    Any advice that says continue and move is bad advice. Shut down shop immediately and don't re-open. This is a legitimate legal firm that knows exactly what they're doing. Even if you're not in the USA, CA, UK or US territory don't think these guys don't know the laws in your Country and don't have legal firms on consignment they can toss the case to that will represent FB and still make them money.

    While this might be your first rodeo for Perkins Cole this is just another day at the Office. FB didn't hire these guys to scare people and "pretend" to be Attorneys. These guys are the real deal and know exactly how to shut you down and have you prosecuted, even in another Country.
     
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  13. facebookdude

    facebookdude Elite Member

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    You don't need to worry full stop. Facebook has never taken legal action against any spammer, fan provider etc. Except one guy that didn't even end up paying the amount.

    Chill out and cover your tracks, it's a scare tactic.
     
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  14. zebrahat

    zebrahat Elite Member

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    The messages are basically the equivalent of cease and desist notices with a whiff of "scare letter" to them (you know, the kind of intimidating note you'd ask a lawyer to send to 'make things happen' in a dispute). Not giving legal advice, but here's what I might do (replying via email or fax, NOT mail) to deflect such a communication, without wasting money on lawyers:

    1) End your site, at least in the US (which creates a cyber store front for them to attack) then note it's been shut down, so there is nothing to cease and desist over. Tell them the shutdown can be confirmed with the registrar/webhost.

    2) Explain the party allegedly selling was a non-profit entity for fundraising purposes, that had no profit motive, and absolutely no intent of violating any law.

    3) Suggest items allegedly sold fall under the threshold for being subject to severe fines, nor being worth the aggravation on either side.

    4) IF legal follow-up will persist, request the matter be resolved on an administrative level. Suggest a 1% settlement (or preferably less, or none) be recommended, instead of needless escalation of this matter, over an action that has already ceased.

    This sets the table for a "conditional acceptance" settlement where 'you will do this' IF 'they will do that.' If they don't, you're off the hook 'for doing this.' Your conditions for settling, are that they:

    a) Provide agreement in writing to you to terminate any and all litigation or legal action against it, or at worst, strictly limiting it to the point 4) 1% settlement scenario suggested above.

    b) Provide any and all documents relating to the total number of person(s) and/or business entity(ies) whom they are also contemplating or performing legal action relating to the allegations, in particular their available contact information.

    c) Provide acknowledgement in writing that allegations of this type usually fail in court as a matter of preponderant case law, and thus prominently threatening litigation and penalties on that basis potentially amounts to bullying or harassment of targeted small defendants.

    d) Provide a written statement regarding the scope of the litigation actions intended, including an exact definition as to how Facebook was damaged or contract(s) violated by the alleged actions in question.

    Repeat these terms in email/fax correspondence as needed. Indicate you are prepared to submit a larger or more formal presentment of this counter request, to resolve the facts of this situation, and to further clarify this conditional acceptance of your request, as needed to resolve this matter at the lowest level of disputation.

    This puts the ball and the disclosures back in their court, and documents you were willing to negotiate and settle, without formally admitting much of anything. Facebook will almost certainly not perform the conditions above, thereby defaulting on the settlement. If they still force you to go formal or into court, your attorney could use this exchange to get proceedings dismissed based on non-performance of the other side to satisfy the terms of your acceptance.
     
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    Last edited: Aug 7, 2012
  15. meathead1234

    meathead1234 Moderator Staff Member Moderator Premium Member

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    This is terrible advice. You're an idiot.
     
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  16. EmpireQuality

    EmpireQuality Elite Member

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    never admit anything.
    first, make 100% sure that it actually is the law firm and not a competitor.
    if it is the lawyer, then maybe you should just close the site for some time and cool out a little bit.
    wait at least a few months before starting up again.
    and i hope that you are not using the term "facebook" in your domain.
    they own that word and you CAN'T use it.
    using that word in your domain would give them such an easy way to find and contact you.
    think about it bro.
     
  17. kideze

    kideze Elite Member

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    It does sound like a scare tatic, i would do what they say but just get an offshore domain and cover your tracks more
     
  18. ann9787

    ann9787 Registered Member

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    Definitely make sure it's not a competitor. If you are violating FB TOS, they can threaten to sue you, but I'm sure they have bigger fish to fry. They go after people with big, massive bucks. Violating their TOS is not illegal.
     
  19. redclover

    redclover BANNED BANNED

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    Stop and shut down your operation. Then if the business was making you money you can
    open up a new business that is not in your real name and with Offshore Hosting. Then if you
    get a letter you can say screw off to them.

    RedClover
     
  20. Comic

    Comic Regular Member

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    So much bad advice here. First of all, this is the first step in getting you to stop something they don't like. Basically, it's the least expensive way for them to go after people. The next step is court.

    In case you missed it, Facebook got busted in a Forbes article last week for using bots to click on ads. They admitted a few days later that about 20 million users are fake. Big surprise if your not in the know.

    If your truly wanting to comply, simply remove the offer and then write them back saying that you complied with the request.

    You could also wait until you get served and then do it if you want to be a dick about it. In the end they win this one.

    Are you inside the US? If your in China or another country that violates these laws all the time you might stand a better chance of lasting longer. But in all honesty, it's probably time to move on.

    FWIW, I got sued by Intel years ago. I did lose but I made them spend some money chasing me. ;)
     
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