View Full Version : Advise on how to deal with the issue of Comcast being issued subpoena for my information
Hello to all
Apparently Dallas Buyers Club LLC, filed a lawsuit and the court has ordered Comcast to release my info to them, seems that 20 people have been included in this, as far as I am concerned I have no recall nor I have downloaded such from the torrents, but they claim the do, this the first time that I receive this and I was wondering if there was any in the legal system that could provide advice or send me a pm so that we could talk and see what are my options. They give the option to file a motion to quash or vacate the subpoena, how do I do this ?
Fun stuff... I would had taken it like a man if it was my fault.
Thank you for the advise.
Great-Kazoo
09-19-2014, 22:12
Attorney, That's my adviCe
Uhg....
I'm curious.
Do you have kids and is your wireless network secure?
Posted Via Glade Plug In.
That is my first thought, Attorney, but is there any here in our forums ?
No kids and my wifi is secured, well at least to to best that I can, even with a hidden ssid it can still be found and I change my wifi password every so often...
In simple terms, you're screwed.
Better find a good lawyer.
Posted Via Glade Plug In.
Attorney, That's my adviCe
Lol, forgot about the "s"
Are you SURE the information you got was from Comcast?
Did you have to call a special department there?
Have you been served?
When did the alleged download occur? How long have you been a customer?
Is this a blanket cease and decist letter? If so, usually, its just a warning.
mahabali
09-19-2014, 23:54
You are not screwed, these are empty threats to scare a settlement out of you. Don't spend any $, don't settle and don't waste $ on a lawyer. Most of these guys just split their fee with those who claim they will sue you. These don't go to trial so seriously don't stress about it. Change your contact info with Comcast or you will start getting calls once they release your info, and they will. Don't talk to them. Check out dietrolldie.com for folks in the same situation.
in the future use a private VPN service.
Counter sue for $15,000,000. If they want to settle, $1,000,000 is fine.
Are you SURE the information you got was from Comcast?
Did you have to call a special department there?
Have you been served?
When did the alleged download occur? How long have you been a customer?
Is this a blanket cease and decist letter? If so, usually, its just a warning.
The information stats it came from Comcast , Address NE&TO 650 Centerton Road Moorestown, NJ 08057
It describes that Dallas Buyers Club,LLC has filed a federal lawsuit in the United States District Court for the District of Colorado ( Golden,CO) it only states that my ip address on 4/22/14 at 3:32:53 AM GMT, was identified to me. It does not say cease or decist, it states that I have the option to quash or vacate the subpoena.
Letter came from Cocmast Legal Response Center
I have been with Comcast for a year and three months now, I simply cannot believe that just by having my ip address, they can say it was me that downloaded the content, which of course I did not, I didn't even know about the movie ffs...
You are not screwed, these are empty threats to scare a settlement out of you. Don't spend any $, don't settle and don't waste $ on a lawyer. Most of these guys just split their fee with those who claim they will sue you. These don't go to trial so seriously don't stress about it. Change your contact info with Comcast or you will start getting calls once they release your info, and they will. Don't talk to them. Check out dietrolldie.com for folks in the same situation.
in the future use a private VPN service.
Yeah, I haven't been able to sleep since I got the damn letter, I barely have any money for my self, and now some asshat company wants to hang me dry...
Thank you for the advise, I shall look in to it.
Counter sue for $15,000,000. If they want to settle, $1,000,000 is fine.
I looked up the docket number, and they want 150,000 per defendant, 20 defendants in total...
https://torrentfreak.com/dallas-buyers-club-demands-thousands-dollars-bittorrent-pirates-140618/
http://www.motherjones.com/politics/2014/02/bittorrent-illegal-downloads-ip-address-lawsuit
http://torrent-defenders.com/tag/dallas-buyers-club-llc-lawsuits/
http://www.antonelli-law.com/Dallas_Buyers_Club__LLC.php
Looks alot like photo red light tickets. Spam out letters and expect a return.
mahabali
09-20-2014, 11:29
Looks alot like photo red light tickets. Spam out letters and expect a return.
Exactly, nothing ever comes of these unless you settle out of fear.
People have won recent cases against the initiators of such suits for harassment, fraud, and extortion. It might be worth chatting with a lawyer and having him or her draft a "Fuck you, very much" letter in response. Courts have ruled recently that an IP address is not a person, and doesn't constitute grounds for a records subpoena, or sufficient identification to file a lawsuit.
Thank you all for your sound advise.
I appreciate it.
spqrzilla
09-20-2014, 12:08
The business model of these copyright trolls is to extort money from purported downloaders regardless of their evidence. Do not ignore this issue, it will turn into a judgment against you.
There is a couple of law firms that are representing defendants in these copyright troll lawsuits.
http://fightcopyrighttrolls.com/discussions/discussions-by-state/a-m/colorado/
To learn more about these trolling lawsuits:
http://fightcopyrighttrolls.com/faq-men/faq/
http://fightcopyrighttrolls.com/faq-men/faq-from-tac/
Unfortunately, the District of Colorado is very friendly to these scumbags.
spqrzilla
09-20-2014, 12:09
Exactly, nothing ever comes of these unless you settle out of fear.
Not true.
Delfuego
09-20-2014, 12:36
This is the the local jackass involved...
http://www.iplawcolorado.com/attorney-profile/
ChunkyMonkey
09-20-2014, 13:07
Hello to all
Apparently Dallas Buyers Club LLC, filed a lawsuit and the court has ordered Comcast to release my info to them, seems that 20 people have been included in this, as far as I am concerned I have no recall nor I have downloaded such from the torrents, but they claim the do, this the first time that I receive this and I was wondering if there was any in the legal system that could provide advice or send me a pm so that we could talk and see what are my options. They give the option to file a motion to quash or vacate the subpoena, how do I do this ?
Fun stuff... I would had taken it like a man if it was my fault.
Thank you for the advise.
Scam... I have a client who received it.
68Charger
09-20-2014, 14:16
From a technical perspective, it's possible they have logs that show your IP downloading legal content from somebody who was sharing their video... and they simply don't understand torrent technology and how the protocol and applications work. If that is the case, a counter-suit could really have merit.
I know I'd want damages if someone accused me of downloading a movie like that- it's just embarrassing. [Coffee]
or it could simply be an extortion attempt...
Stevensje
09-20-2014, 15:26
It's all a scam. The most they could get is $19.95 actually on sale for $9.99.
Its not a 'scam' in that it is a valid and legal subpoena. Get a lawyer and get it quashed - ASAP. If you don't, and things move into a discovery phase. Call me and I can hook you up with the right people to do the technical defense and forensics.
I really appreciate all the advise, I shall keep you all posted. I can't even believe that this copy right troll system, is even legal...
Thank you all
spqrzilla
09-20-2014, 21:37
It is an outrage that the Copyright Troll business even exists.
Nope scam, pm me your phone number I can help you out tomorrow with this one.
spqrzilla
09-22-2014, 20:04
People who are posting in this thread claiming that this is a "scam" implying that there really isn't litigation are wrong.
The question is: Is the OP actually a potential defendant in the suit, or is there some third party attempting to defraud him into paying a fictitious settlement? That's why I recommended he at least have a chat with an attorney.
The question is: Is the OP actually a potential defendant in the suit, or is there some third party attempting to defraud him into paying a fictitious settlement? That's why I recommended he at least have a chat with an attorney.
So far all that I have received is a notification from Comcast that a court order has been sent to them to relinquish my information to Dallas Buyers Club, LLC , The paper states that Dallas Buyers Club, LLC has filed a federal lawsuit in the US District Court for the District of Colorado,
Dallas Buyers Club,LLC v. John Does 1-20
So far all that I have received is a notification from Comcast that a court order has been sent to them to relinquish my information to Dallas Buyers Club, LLC , The paper states that Dallas Buyers Club, LLC has filed a federal lawsuit in the US District Court for the District of Colorado,
Dallas Buyers Club,LLC v. John Does 1-20
The question is, did the notification actually come from Comcast? or was it a company "representing" Comcast.? You should be able to look at the filing and see if your IP address is actually one of the 20 named as John Doe defendants.
Nope scam, pm me your phone number I can help you out tomorrow with this one.
What kind of help are we talking about ? And most of every one on the thread states that this is scam, but can it really be ? Even with a case docket number and a comcast file number ? I've checked the docket number for the case and it shows up as legit...
Yes, the notification came from Comcast and it shows the table of ips, one of them is my public ip.
For what I can tell and I've read, having just the ip address does not give them enough leverage nor is enough evidence to actually sue me. What are your thoughts on this?
A chat with an attorney sounds like a good idea. The address in your original post correlates with a law firm that does indeed represent Comcast. You need to to file a motion with the court to sever and quash the subpoena, prior to the date specified in your letter.
Well Dallas buyers club llc does not represent comcast, there is a lawyer from golden Co, representing Dallas Buyers Club, llc.
From the research that I have done, even if I file to quash, they can still gather my information and go after me directly, hmm.
But it seems that they are after profit and since and ip address alone is not enough evidence to hold in court, non the less. I shall speak with an attorney, anyone recommends one?
Being someone who has successfully defended myself from something very similar to this in federal court I would strongly suggest you get the subpoena quashed (or attempt to). Like I said, *if* they get to discovery let me know and I will put you in touch with the folks that can do the forensic analysis for you.
All that said- an IP address does not equal location. This can be disproved a thousand ways from Sunday. Even if they get the judge (Blackburn I am guessing - haven't read the claim) to believe it is (which he shouldnt, since he has been properly briefed on this before), you can show that they didn't take proper care in the chain of custody for all the logs of your IP. There is a bazillion ways here.
But again, if it is a proper suit - then get an attorney. Yes it will cost you almost the same amount it does to settle (the suits are designed that way), but it keeps them from doing a forensic scub on your hard drive.
colorider
09-23-2014, 16:43
did this subpoena come to you via certified mail or some other mail that shows it was received by you. In person?
did this subpoena come to you via certified mail or some other mail that shows it was received by you. In person?
It was a notice from Comcast , they mailed me the papers, stating that they is a subpoena for my information, because my public IP was tracked and Dallas Buyers Club LLC, claims that I downloaded such movie.
Being someone who has successfully defended myself from something very similar to this in federal court I would strongly suggest you get the subpoena quashed (or attempt to). Like I said, *if* they get to discovery let me know and I will put you in touch with the folks that can do the forensic analysis for you.
All that said- an IP address does not equal location. This can be disproved a thousand ways from Sunday. Even if they get the judge (Blackburn I am guessing - haven't read the claim) to believe it is (which he shouldnt, since he has been properly briefed on this before), you can show that they didn't take proper care in the chain of custody for all the logs of your IP. There is a bazillion ways here.
But again, if it is a proper suit - then get an attorney. Yes it will cost you almost the same amount it does to settle (the suits are designed that way), but it keeps them from doing a forensic scub on your hard drive.
So far I only received a notice from Comcast that the court has sent a subpoena for my information, seems that the lawyer representing Dallas Buyers Club LLC, he is from Golden Colorado ( Once I get back home I can post the case number and the name of the laywer ) somehow he persuaded the court, to grant his motion to find out who are the Jon Doe's, with just an public IP... I am still baffled that that even passed the court.
mtnrider
09-23-2014, 17:06
It was a notice from Comcast , they mailed me the papers, stating that they is a subpoena for my information, because my public IP was tracked and Dallas Buyers Club LLC, claims that I downloaded such movie.
I don't see how they can send you an official document in the regular mail. It would have to be certified, or delivered in some way that there was proof it was given to you.
I don't have a leg to stand on but I'm going to vote on scam myself. Doesn't seem right to be official.
I received two documents one via USPS the other via ups, but it was a notice from Comcast saying that a subpoena was sent to them from the court and it stated from who, which is the Dallas Buyers Club, llc. Neither was on certified form, nor I had to sign for it, they where left at my door\mailbox.
I thought it was a scam, but the docket number matches, when I gave it a web search.
Looks like they are already loosing. Get an attorney now.
07/14/2014 15 NOTICE of Voluntary Dismissal of Party John Doe 2 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 07/14/2014)
07/14/2014 16 Party John Doe 2 terminated pursuant to the Notice of Voluntary Dismissal filed in this case on 7/14/2014. Text Only Entry (evana, ) (Entered: 07/16/2014)
07/19/2014 17 NOTICE of Voluntary Dismissal of Party John Doe 16 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 07/19/2014)
07/21/2014 18 Party John Doe 16 terminated pursuant to the notice of Voluntary Dismissal filed in this case on 7/19/2014. Text Only Entry (evana, ) (Entered: 07/22/2014)
07/29/2014 19 NOTICE of Voluntary Dismissal of Party John Doe 9 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 07/29/2014)
07/29/2014 20 Party John Doe 9 terminated pursuant to the Notice of Voluntary Dismissal filed in this case on 7/29/2014. Text Only Entry (evana, ) (Entered: 07/29/2014)
08/05/2014 21 NOTICE of Voluntary Dismissal of Party John Doe 1, John Doe 3, John Doe 5, John Doe 18, and John Doe 19 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 08/05/2014)
08/05/2014 22 Party John Doe 1, John Doe 3, John Doe 5, John Doe 18 and John Doe 19 terminated pursuant to the Notice of Voluntary Dismissal filed in this case on 8/5/2014. Text Only Entry (evana, ) (Entered: 08/06/2014)
08/16/2014 23 NOTICE of Voluntary Dismissal of Party John Doe 10 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 08/16/2014)
I really want to stay out of this - but its like watching a bad car accident you know is going to happen.
Did you just get a letter from Comcast stating they received a Subpoena re: your IP, or did you actually get a demand/complaint letter that looks similar to: http://copyrightletter.com/wp-content/uploads/2014/04/Complaint51.pdf
I don't see how they can send you an official document in the regular mail. It would have to be certified, or delivered in some way that there was proof it was given to you.
I don't have a leg to stand on but I'm going to vote on scam myself. Doesn't seem right to be official.
You really dont have any idea what you are talking about. What he has received (I believe) is a courtesy notice from Comcast telling him he is about to be fucked - and if he would like the complainant to use a smaller dildo, then he should probably reply. Comcast is under zero legal obligation to send him shit and is being nice by doing it.
https://www.docketalarm.com/cases/Colorado_District_Court/1--14-cv-02448/Dallas_Buyers_Club_LLC_v._Doe_1_et_al/11/
This is the company that Dallas BUyers Club, LLC , used, to track the IP's Crystal Bay Corporation , I did a search but nothing came up, except links to this http://dietrolldie.com/tag/crystal-bay-corporation-cbc/ , stating that they are a bogus company...
This is the complaint; http://copyrightletter.com/wp-content/uploads/2014/04/Complaint52.pdf
I really want to stay out of this - but its like watching a bad car accident you know is going to happen.
Did you just get a letter from Comcast stating they received a Subpoena re: your IP, or did you actually get a demand/complaint letter that looks similar to: http://copyrightletter.com/wp-content/uploads/2014/04/Complaint51.pdf
A letter from comcast stating that they received a subpoena.
Looks like they are already loosing. Get an attorney now.
07/14/2014 15 NOTICE of Voluntary Dismissal of Party John Doe 2 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 07/14/2014)
07/14/2014 16 Party John Doe 2 terminated pursuant to the Notice of Voluntary Dismissal filed in this case on 7/14/2014. Text Only Entry (evana, ) (Entered: 07/16/2014)
07/19/2014 17 NOTICE of Voluntary Dismissal of Party John Doe 16 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 07/19/2014)
07/21/2014 18 Party John Doe 16 terminated pursuant to the notice of Voluntary Dismissal filed in this case on 7/19/2014. Text Only Entry (evana, ) (Entered: 07/22/2014)
07/29/2014 19 NOTICE of Voluntary Dismissal of Party John Doe 9 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 07/29/2014)
07/29/2014 20 Party John Doe 9 terminated pursuant to the Notice of Voluntary Dismissal filed in this case on 7/29/2014. Text Only Entry (evana, ) (Entered: 07/29/2014)
08/05/2014 21 NOTICE of Voluntary Dismissal of Party John Doe 1, John Doe 3, John Doe 5, John Doe 18, and John Doe 19 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 08/05/2014)
08/05/2014 22 Party John Doe 1, John Doe 3, John Doe 5, John Doe 18 and John Doe 19 terminated pursuant to the Notice of Voluntary Dismissal filed in this case on 8/5/2014. Text Only Entry (evana, ) (Entered: 08/06/2014)
08/16/2014 23 NOTICE of Voluntary Dismissal of Party John Doe 10 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 08/16/2014)
That can't be the same one, since it shows that the one that has "my ip" was created on September 4th.
colorider
09-23-2014, 18:40
If you did not download the movie, crumple up the Comcast notice and tell the Dallas Buyers Club to go fuck a train.
I wish it were that easy, but I did not download that movie.
colorider
09-23-2014, 22:40
A few months ago I got a letter from Comcast stating that my ip address was linked to a download of a movie. They had the date, time, movie, ip address. They also said the complaint and any further action would come from the movie production company or whatever. Comcast wanted me to send them an email back explaining the situation. I simply told them that I access the internet with my ipad via my wireless network and there is no way to download a movie onto an ipad. Explained that there is not a laptop or computer with storage capability in the house and that the wireless signal must have been hacked and used by a neighbor. Told them that since I received the letter I have changed my wireless password. Have not heard a word beyond that letter.
It would be great for you not to have to hire a lawyer. Sounds expensive.
Personally I would wait till you get a formal summons or a certified letter before you start paying a lawyer. Maybe they expect you to panic, call them and start opening up your wallet.
ChunkyMonkey
09-23-2014, 22:48
It was a notice from Comcast , they mailed me the papers, stating that they is a subpoena for my information, because my public IP was tracked and Dallas Buyers Club LLC, claims that I downloaded such movie.
Please read it carefully, the one I dealt with does not come from COMCAST. It has similar name that mentioned comcast.
This is what they sent me.
http://tapatalk.imageshack.com/v2/14/09/23/3654c897dfcf5738828666a4cdaf0e00.jpg
It appears it is quasi legal extortion, you need to remain ahead of the situation, and you are not alone.
This site seems to have good information/advice:
http://fightcopyrighttrolls.com/faq-men/faq/
spqrzilla
09-24-2014, 15:24
If you did not download the movie, crumple up the Comcast notice and tell the Dallas Buyers Club to go fuck a train.
That's not good advice.
Definitely not so much of a good advise. But I did not download that movie. So far I've been researching and reading from the posted links. I feel much better now by knowing what I am dealing with and how to deal with it.
When I lived in NY I use to get emails from Comcast constantly saying I was in violation of something. I emailed them back explaining to them I lived in a multi family building and asked them is there anything I can do on my end to prevent it.I kept emailing them asking for the ip's and downloads in question and got nothing back.So I finally cancelled them and when they asked why I just explained to them that there service was not worth me going through legal actions due to their failure to communicate with me and resolve issues.
Never heard from them again and I will never use them again
mahabali
10-02-2014, 16:49
It is legal extortion. I don't know how these guys get away with it but they do. Many states immedietely throw these cases out but Colorado cooperates for some reason. The Hurt Locker made as much or more $ extorting people than they did at the box office. Like I said their goal is to scare you into paying a settlement. Like I said before do not answer their calls once comcast releases your info assuming this is not quashed.
If you are going to mess with torrents use a private VPN service. Not saying you did it but someone did from your IP address. Is it not secured? It wont matter at this point, just keep and eye on the case and keep up with the status. These rarely go to trial. If they can get half the John Does to settle they are happy and will eventually give up. Like others have said there are many local attorneys that deal with this but their fee will be as much as your settlement and many will encourage you to settle.
There may be more info about your specific case here http://dietrolldie.com/ There is also a TON of good advise on the site.
You can also track the progress of the case at a .gov website.
Any update on this? Close family friend just got a similar letter. The only person that is home is old grandma that doesn't even know how to use a computer not to mention torrents. Everyone else is at work so no one could have downloaded it.
Great-Kazoo
09-07-2015, 21:50
Any update on this? Close family friend just got a similar letter. The only person that is home is old grandma that doesn't even know how to use a computer not to mention torrents. Everyone else is at work so no one could have downloaded it.
They're all in jail.
Seriously who da fuq pays attention to anything comcast says. They can't connect you with a mainland CSR, let alone someone who has a grasp on the english language.
You can hire an attorney and attempt to quash the subpoena, however, this would probably not succeed. Do you have wifi at the house? Is your wifi router secure? WEP/WPA, etc...? Have you or anyone else at the house shared your access information to use your wifi router? How many houses or streets are near enough that someone could access your wifi router?
If you are certain whoever is investigating will not find what they are looking for on your computer, then you have little to be worried about. I would suggest you backup any data from those computers and keep the backup somewhere other than your house. If someone serves a search warrant for the computers in your home, they will have them for a while. If this happens, you may want to consult with an attorney at that point.
BushMasterBoy
09-07-2015, 23:59
I saw a link where a case like this was dismissed for "misjoinder". I believe the courts found improper "speculative invoicing".
Australian court decision http://www.zdnet.com/article/court-dismisses-dallas-buyers-clubs-letters-to-infringers/
California https://casetext.com/case/patrick-collins-127
http://www.motherjones.com/politics/2014/02/bittorrent-illegal-downloads-ip-address-lawsuit
I am not a lawyer, but I have represented myself sucessfully in the courts for most of my life!
spqrzilla
09-08-2015, 00:24
See the links in my post #18
My friends just received a certified letter from the law firm.
http://i96.photobucket.com/albums/l166/kwando90/Forum%20stuff/lawsuit_zps5tyao7sk.jpg
I apologize to all for not being able to answer before, I thank you all for your advise and concern and opinions about the matter.
As of a few weeks ago, they dropped the ip address that comcast gave me from the case, seems that after consulting and gathering all the information and reading some of the laws.
They do not have enough evidence to hold you accountable "assuming that you are guilty" and only an IP address is not enough evidence, secondly a shady company was used to trace the IP address that supposedly was used, third it is in fact that the lawsuit is against the IP address that they claim that you used and it is not directly at you, unless they name you.
Which is highly unlikely that they would, because again the lack of evidence and that it would cost more money to do so, since they are only look for quick profits. Going to court with no means other than an IP address is set for failure, but then again there is always that chance. Have your friend read, learn and consult if needed. And keep any letters sent to him, to use it against them if he is ever summoned, he can show it as harassment. Of course I am not a lawyer and by no means this is not legal advice, if ever in doubt always consult a lawyer that knows about this cases. Check copyright trolls or die troll die , it has plenty of info.
When I was doing that type of work, we would frequently remind the easily exciteable crowd (supervisors) that "You can't put cuffs on a keyboard; so you need to put a body at the keyboard at the time the crime was committed."
There are ways of doing it without actually catching people in the act, but it requires quite a bit of good investigation coupled with good forensic work. It certainly doesn't work the same way in real life the way it does on CSI or NCIS [Coffee]
Glad to hear it turned out well for you.
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