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FIB - Scams 101 - Ye Olde Archives
Posted By: Jim Wilson In Response To: Re: Maw, this post should fit right into your resolution (Gina)
Saturday, 31 December 2005, at 1:04 p.m.
I am not an attorney but I have received the advice of one with regard to this type of situation.
He basically told me that I could state whatever I wanted, factual or not, so long as I was prepared and had the means to defend myself. And to possibly lose.
As I left his office I am convinced that he was basically telling me that the simple solution is probably the best one.
My advice is fairly simple. Utilize every option in a private format in order to resolve your issue, keep good records, utilize banking resources as needed (credit card chargebacks) and never state anything based on opinions.
Sadly quite often boards such as this one are the first choice of those who feel scorned. They have some problem with an online marketer, don't get what they consider to be a fair resolution, and openly attack using the power of the number of visitors that come to boards like. Unfortunately more often than not they failed to read the fine print, failed to give the seller enough time to deliver, failed to use the good/service as it should or could have been used, or some combination.
Most often is the purchase by those seeking to make money online. They buy into a program and instantly want to be able to go to their mailbox and remove the ooodles of checks. It doesn't work that way and when they find this out they blame the marketer.
"Your program is junk."
"Your program doesn't work."
"I cannot make money using this crapola."
This is so common these are almost quotes.
The one thing they don't admit is that it might just be their fault. Just once I would love to read a post:
"I bought your program, did not bother to really try to put the info in it to work, didn't make a dime, and am disappointed because I am now a failure in my business."
As I said I am not an attorney. There are some who frequent here who would be able to give a better answer to your question. But I guess it all comes into the realm of a little common sense. If you say it, you own it. If you write it, you own it. If you fail in your business, sometimes you own that too. I personally wouldn't say anything about another business or person and clearly identify them, opening them up for ridicule and me for potential libel, unless I REALLY had a lot of evidence that would back up those statements.
Jim Wilson
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PLEASE READ THIS LEGAL NOTICE CAREFULLY BEFORE YOU FILE A LAWSUIT OR EVEN WASTE TIME THINKING ABOUT IT. It has been done before, but never successfully. In fact, the last dodobird who tried it ended up being ordered to pay more than $77,000 in attorney fees ($65,000+ to my attorneys and $12,000+ to my co-defendant's legal advisor).
If your attorney is worth his salt, he's going to tell you that the expense of filing a lawsuit you can't win is a whole lot worse than any "damages" resulting from messages posted on this insignificant little chunk of cyberspace. NEWS FLASH: I didn't just climb down off that ol' turnip truck yesterday. I'm well aware that expressing a negative opinion, relating one's personal experience, and restating provable facts are all legal in this country and do not constitute libel, slander, or defamation -- so you don't want to play games with me, and you sure don't want to start something you aren't prepared to finish. I don't take threats lightly, and I don't accept bribes (or did you call it a "mutually-beneficial arrangement"?). I'll turn you in faster than you can yell, "ARREST ME, I'M SCUM!!" Do yourself a favor and turn your legal team loose in greener pastures. Although we may, from time to time, monitor or review discussions, postings and the like on the Friends In Business (Scams 101) Message Board, we are under no obligation to do so. We are not responsible or liable for any claim arising from the content of any such discussions or postings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are likewise prohibited from posting any false claims against any company or individual. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. By posting messages and/or content on the Friends In Business (Scams 101) Message Board, you give permission for Lesley Fountain/Friends In Business/Shoestring Success Publications to display, distribute and use the posting and content for publication, advertising, promotion, excerption or example. You grant Lesley Fountain/Friends In Business/Shoestring Success Publications complete, perpetual, but non-exclusive rights to use, archive, reproduce, adapt, modify, distribute, sub-license, repurpose, rework, compile, or offer for sale or resale the messages, postings or content appearing on this site in whole or in part, throughout the world and universe, on a royalty-free basis without remuneration. If you cannot accept or agree with the terms of service for this website and discussion board, you are advised not to post on this board. In closing, I would like to remind you once again that it is still legal, in this great country of ours, to express a PERSONAL OPINION, as long as it is presented as opinion and not as fact. And finally, all you scammers out there will do well to remember that TRUTH IS AN ABSOLUTE DEFENSE against charges of libel, defamation, and slander... so if you're operating just a hop, skip, and jump ahead of the law, you might want to think twice before doing anything stupid... (AND SHAME ON YOU!!). |