FAQ for Bittorrent Cases: Or, “I got a letter from my
ISP and…”
This real answer to this question depends solely on the nature of the
case, what Plaintiff’s lawyer you are dealing with, what state you are
located in, and in what state the action to reveal your identity is
located.
Some better and/or smaller ISPs have strict administrators who do not
like these actions, and will hire attorneys to file objections to the
action, without you ever doing anything. Sometimes, your ISP has
already filed an objection to the action and lost, and this is the only
reason you are receiving the letter notifying you of the action.
If you ignore it, you can expect for the Plaintiff’s lawyers to obtain
your information eventually. You can then expect contact from the
Plaintiff’s lawyers demanding a settlement. They will and have
used e-mail, fax, phone, UPS, regular postal service, and any other
communication tool you make available.
All of these are valid defenses. For these defenses to work, you
would need to have your day in court. A Plaintiff’s lawyer might say
that they do not want to try and extort money from innocent people, but
the truth is that they are too busy to care and the people actually
doing the collecting do not care what stands between them and a check.
If the case referenced is not in the state where you are located,
(lately typically Florida or D.C.) then you probably can wait safely until your
identity is revealed and then wait for a demand letter or nasty phone
call to come.
Hold off on telling the Plaintiff’s lawyers anything regarding your
situation. Do not contact them without an attorney, or if you do
contact them without an attorney, do not bother defending yourself or
engaging in any sort of discussions outside of how much they want.
If you do not want to pay their settlement amount, do not communicate
with the Plaintiff or the Plaintiff’s lawyers without an
attorney. Do not divulge these defenses, and do not make statements without communicating through an attorney.
Defenses to these sorts of actions do vary by state. Different
states have different regulations when it comes to the actions of
minors, and many different factors come into play. This is why an attorney in your state is important.
Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726
graham@syfert.com