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Some legal issues related to open forums


tiny
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Hi I am a part of another financial forum. Also I am planning to open my own forums.

One issue worried me more and that is openness.How open can one forum be,

I noticed few legal issues against the forums at Site Admin's blog at debtconsolidationcare.com/denny/,

  • A company (WCC) is filing a case against them for some posts done by members.
  • Collection agencies are not happy with the openness concept and are after the forums.

Can they take any action against the forum admins (or the company)?

Thanks

tiny

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Who cares what collection agencies, or for that matter anyone thinks about these forums or any other. I mean you have forums for computer hackers, dvd bootleggers, and even pedophiles!! Do you think they give a sh*t that people "don't like" the forums??? When you cave in and give up you are volunteering to be a victim. Keep us posted on this WCC case, I am sure it is a scare tactis that they will probably cave in to. I really fail to see how a forum is being sued for a post by a member. More details please!

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I personally asked Denny to remove the post to avoid any such legal issue.

He is strictly against removing anything from forums, he says it is a open world. The company can debate it over.

One funny thing I saw in his blog,

Denny Says in his blog debtconsolidationcare.com/denny/

In order to satisfy their request I will have to do the following:

  1. Stop community from posting without a moderation, which will go against our theme of freedom. – Not possible because our community will never accept that.
  2. Verify each posting by employing 100 more people - Not possible because of cost involved.
  3. Stop forums – certainly not possible.

I think somehow he is confident that no one will sue him or his company.

Did this ever happened to this forum? this is also an open forum. Do you delete some negative posts?

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Currently I am in calcutta, I will be in calcutta for some more time where I will like to setup a team to handle the technical aspect of my plans.

I will operate from US(the target customer for the forums will be US). SO the US laws will be applicable as well.

Is it fair to sue a website like debtconsolidationcare.com , just because their forum is open?

Will they have to pay big compensation for it?

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Currently I am in calcutta, I will be in calcutta for some more time where I will like to setup a team to handle the technical aspect of my plans.

Nice. Just what we need - more freaking OUTSOURCING!! :complainer:

I will operate from US(the target customer for the forums will be US). SO the US laws will be applicable as well.

Not necessarily. Google for "SPEWS". Their website is in Russia. Granted the owners of said website are anonymous.

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Currently I am in calcutta, I will be in calcutta for some more time where I will like to setup a team to handle the technical aspect of my plans.

I will operate from US(the target customer for the forums will be US). SO the US laws will be applicable as well.

You flew to Calcutta to start up a website? That seems to be an awful lot of trouble. :? What you mean is, you'll stay in India and just have your server here in the U.S. right?

Is it fair to sue a website like debtconsolidationcare.com , just because their forum is open?

Will they have to pay big compensation for it?

People will sue for anything - getting sued means nothing - it's the decision of the court that matters. Many are thrown out before they even see the inside of a courtroom.

Not to mention the CA's (and a few freaks) love to try to "go after" forums like this because they're.... well.... weird - and they get off on waging war with people they can't even see. Welcome to cyberspace.

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I will only have my tech team in India, rest of my crew will be in US. I will get back to US soon.

Depends on what the post said.

Denny's blog (Site Admin) has it in detail(url is there in my signature).

Many are thrown out before they even see the inside of a courtroom.

In this case also I think WCC appeal will be thrown of.

But does different country's legal books have a section for such online issues?

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Very few (if any at all) - that's why many sites are offshore in the first place.

hmm .. that makes it more vulnerable.

There is no update on his blog or forum. I think the company has realized their limitation.

Also debtconsolidationcare.com looks like your competitor. I think your website is better than theirs. They are picking up good though. Hope they do not stop their forums :D

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That site--debtconsolidationcare-- is not the only site that has been sued. Just look at what's happened this year to Art of Credit! Will the overseas ownership and server proposed by "tiny" stop a lawsuit from being contested in Court?? No bloody way: the owner and server for AoC are both in Israel! Got sued by a jerk in CA anyway (known on the web as "Hiding90"/"adminppdotcom")...the same jerk who almost got, due to "sewer service", a default judgment against AoC. (I'll have to check PACER to see what's happened; there was a hearing scheduled last month (November, 2005).)

So, one must look elsewhere to get "protection" from lawsuit. In the case of debtconsolidationcare, the lack of even a reasonable bit of moderation of the discussions did not help! The very least one could do when setting up a discussion board in the current climate--especially one dealing with the questions boards like "CIC" discuss--is to get legal advice up front to avoid legal "surprises", include the proper disclaimers on the site itself, and definetly be moderated.

If the board is sued anyway (most likely a SLAPP suit if it is), are there grounds upon which such a suit could stand up to judicial scrutiny? None, IMHO, if they are properly argued, that should stand up in Court. Certainly, there are First Amendment issues in such a case, and opinion does NOT=slander...never has. The malice aforethought is also not there.

Besides... the collection industry, being the scummy poor excuse of an economic activity it, in the main, is, should certainly have a EXTREMELY hard time proving that the proximate cause of all--or even most--of their troubles is an Internet discussion board! In fact, we could very well argue that their sites slander/libel us even more...and with far more actual malice aforethought. Just look at, let's say, "CI.com" (www.collectionindustry.com )...need I say more?

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We don't have competitors, only additional helpers in this unjust world of FICO scores and ridiculous credit policys.
There's no competition when it comes to getting word out to educate the consumer.

Well said 8) , The best customer is an educated customer and the best company is the one who educates their customers. Sites like debt-consolidation-credit-repair-service.com and debtconsolidationcare.com are a step forward for that. Great spirit of real business(learned few things here).

You know now that I think of it The OP , "Tiny", is acting alot like a shill.

That was funny, I do the same with sony or google or yahoo. debtconsolidationcare.com is just another company (community) I dealt with. I am a educated customer and I think these websites know "How to Get the Customers to Shill for You". I will do the same with debt-consolidation-credit-repair-service.com one day :D .

Host the site in France, that'll make it unreachable by US courts.

Btw is it about "where your site is hosted" or "where is it operating"? debtconsolidationcare.com is registered with BBB (in US for sure), does it matter where their site is hosted? IMO Broke Chick's point is very right.

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Hi Tiny,

debtconsolidationcare.com is just another company (community) I dealt with. I am a educated customer

I'm glad to hear I was wrong...

That was funny, I do the same with sony or google or yahoo.

A little help here.. - What does sony have to do with driving website traffic?

Is there a new Sony search engine I am unaware of?

What am I missing...

Thanks,

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I use sony's products and I keep mailing them with suggestions. Also I shill for them :) , discussing their marketing policies and product features in public. I mail googles and yahoos with suggestions, and do support their interesting products in public as well.

Involving customers in marketing is a wise decision esp. when there is a good bunch of marketing minded customers available.

See the blogging effect, customers are getting involved in this issue with debtconsolidationcare.com , another customer(rather community member) has started a thread discussing the same issue at debtconsolidationcare.com/forums/about5814.html . (some participate because they give 1 cent for one debtcc point 8-) , I partcipate as I have a lot of free time :D )

Internet has empowered a customer, now one customer is certainly more than one, he can influence thousands with extended reach through the www.

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