dave3
October 1st, 2002, 03:42 PM
I got this off the file exchange forum from a lawyer who says he is starting a class action suit against dave because of the letters.
Quote:
Latest development coming out of the East Coast!
It has been brought to my attention that DTV has instructed their attorneys to send the 2nd follow-up letter within 10 days and then file suit.
It has already started to happen in many different parts of the country, both in Florida area and Houston TX.
Also, and this is very very important.!!
**Please be advised that Though DirecTV is filing civil suits against the alledged "defendants" for stealing satellite transmission. This is also a "Federal Criminal Offense", punishable by a fine of up to $10,000 per occurrance! & Jail time!, plus a host of other related issues that go along with this charge.
for the record. It appears that many of the individuals who have entered into these "settlement agreements" with DTV, have all been charged criminally with the violation of the statute!!
So, based upon this latest action by DTV and their representatives, it really doesn't make any sense at all to settle under any circumstances!
I have been saying all along that NO One should settle and They Must Challenge the Charges.
You see many many attorneys who are not criminal defense attorneys like myself have all failed to see and pick up on the fact that if any charge civilly is going to subject yourself to future criminal exposure even the remotest possibility, then, you must be awarded your constitutionally protected right against self incrimination and the right to counsel, just for the mere fact that you don't have to answer any charges filed against you even though it is done so in a civil setting, your 4th & 5th amendment rights attach!!!
Now, I bet many of these individuals are wishing they didn't enter into any settlement with DTV. They were afforded "Zero" protection under the agreement they signed and have now exposed themself to criminal conviction!!
Hows that going to look on your credit report and a Job Backround check on you?
I warned many of you that this was going to happen. And, now it is happening!
Not one of my 4 clients are facing this exposure. Thats because I wouldn't accept any settlement. I want them to prove their case, and since it has criminal exposure, my clients all have the 4 & 5th amendment rights to assert and they can't be waived!
Now, How will DTV prove their case NOW? Better have an eye-witness and/or survelliance video, or something to prove their case, or a motion to dismiss is forthcoming.!!
My best advice to all of you who are or have already received your letter(s) get an attorney NOW, and let them start working on your case. I have used much of my research and case preparation for my clients as a shared expense among them. I have prepared all my court, pre-trial memos, motions, etc....ahead of time to put their representatives on the defensive from the get-go instead of them putting us on the defensive.
When I go in on the first meeting and hit them with 3-4 different motions to dismiss, surpress, exclude, etc... it puts their attorneys on the defensive immediately because they don't know what the Fu*% just hit them, they are so used to having the defendants agree to settle because they are so scared or the defense attorney has no clue about the real issues, the attorney advises his/her client to settle, when, they should be shifting the burden onto the attorneys for DTV to show cause and prove their case first!!!
Now, I have put the attorney on the defensive because he/she must now defend my motion why the case should be allowed and not dismissed. This provides me with information upfront as to what (if anything) they have as proof, without actually having a trial. ( its called getting a second bite at the apple )
So, again, its only my advice, but, I believe you all should seek representation, and soon!
As for the class action suit. Yes!, as soon as the fund has sufficient funds to file, all updates will be posted showing its progress and copies of the suit will be mailed to all who donate to the fund and I would also believe it will be listed in the Federal Court Record (Docket) when its filed.
__________________________________________________
_
On a side note, the dealer "TestSat.TV was raided 9/20/02. I don't have any further info thus far.
I would guess, their customer list was also seized.! So, all those who ordered from them, you will be receiving that dreaded letter too.
At least be prepared ahead of time!
Take care
**********************************************************************
Also He is quoted beofe as saying he is acepting donations for the class action:
Quote:
Class Action Lawsuit (Bases For )
Ok, as far as a class action lawsuit for all the members, Please Be Advised, that I have already begun the bases for one and the preliminary case law support for a Class Action Law Suit for this particular (Target Group)
A Class Action Lawsuit, is by defination, filed on behalf of a group of individuals who can be classified as those simiarly situated as the others is the group. Meaning each and everyone has been effected in a similar fashion by the actions of the same person, group of, or company,corporation,enitity, or government.
Thus, in this situation, all those who have been effected by the actions of DirecTv and/or the representatives of DirecTv, are considered a ( Class Group ) for the purposes of filing a Class Action Lawsuit.
The suit itself can be filed in any state where one of the Plaintiff's lives. It does not have to be filed in any particular state or jurisdiction.
Also, what is usually the case, the lawsuit is filed listing only one or a few individuals who has been harrassed by these antics in violation of their constitutional protected rights. The group itself is "joined in" as part of the "simiarly situated or effected" member.
A notice is posted in the newspaper, and in these cases, the names on the list that was used to harass these individuals in the first place will receive notice of the pending class action lawsuit.
The individual is given the right to "opt out" of the suit. This means that if the individual wants to pursue their own individual case against DirecTv for "Specific Damages" usually meaning a more unique set of circumstances that has caused the Plaintiff more damages than what they would receive as a general Plaintiff.
Maybe the Plaintiff suffered loss of employment, emtional distress that required medical attention, or something more outstanding than the damages the group is seeking.
Speaking of damages as a Class Action Group. When we win, one of the first set of damages to be paid would be to reimburse those members who had paid the amounts under duress.
Of course, any monies paid, we would be seeking (%) interest to be added to this amount equal to 12% annually compounded as provided by law. ( These monies would have been available to the member to invest, had it not been used for the payment of these illegal fines.)
I would also be seeking the return of all equipment or its value in monetary payment, if it can't be returned. ( the equipment should have never been confiscated or turned-in, in the first place)
The reimbursement of all legal fees paid out by the members for the purpose of being representated. ( should have never had to hire an attorney in the first place and expell monies to do so)
Then, Punitive damages. These damages are various in nature,
( i.e., emotional distress, held in false light in the public's eye, suffering from post tramatic stress, false imprisoment, malicious prosection...!!! ( this will be attached to every member )
it is things of this nature that punitive damages are assessed, along with a few other various damages ( attorneys like to seek for their clients).......
The whole point of the suit or any civil suit, is to make the client "Whole" again, to try and compensate the client, so that the individual can be placed in the same or a bit better position, that the individual would have been in, had the actions against them never had happened.
Ex: Lets take an insurance case: If the client was driving a "Brand New" Hummer. ( Retail Value: $ 60-70k) and as they were driving down the road, a drunk driver went thru the red light and rammed into the driver side causing "total damges" to the Brand New Hummer, Physcial Injuries( broken arm, fractured leg, concussion, cuts, scraps, bruises, and a broken finger), requiring medical treatment and rehabilitation for, (lets say 4-8 weeks) ( oops, lost wages too,) Oh! ( pain & sufferring, had to endure those darn medical treatments, not to mention the emotional distress of having to go through this whole ordeal)
So, now we have the insurance company ( these very bad people) who want to get away as cheaply as possible!!
Ok, we have to replace the vechile ( $60-70k) the insurance company will argue, hey, its a used vechile, and we say, oh yeah, then go out and find a replacement, to replace the same vechile, with the same options, and the same mileage. CAN'T!! so, what's the next best thing? A Brand New One!!
Next, Who is going to pay for all the medical bills that aren't covered by the clients current medical coverage? and all the subsequent costs!! ($ lets say another $50k)
Next, Pain & Sufferring, my client had to endure, that he wouldn't have if the "insured" hadn't ran a red light. ( Oh! another $25-30k)
Now, do you see where I'm going with this? You see, everyone handles stress differently, and unnecessary stress, well, you can see how it can take its toll on someone!!!
Bottom line here: I am going to file a Class Action against DirecTv and their Representatives. The bases is its intentional, malicious prosecution of individuals who's constitutional rights were violated by the actions of DirecTV.
The actions of DirecTv and their representatives, could have been conducted by lesser intrusive means by which DirecTv could monitor, protect, and prevent theft of their satellite signal, that would not trample on the constitutionally protected rights of these individuals.
Currently, the constitutionally protected rights of Freedom of Speech, Expression and the right against self incrimination, along with other protected rights have all been violated by the conduct of DirecTv and their representatives who are hiding behind the distorted, misinterrupted and misleading ( federal statutes designed and meant for implementation of FCC related actions)
These "Broad" interruptations of CALEA and other Statutes by DirecTv and their representatives, are being applied for the purposed of sacntioning the actions of DirecTv and their representatives in violation of the individual(s), protected rights against these (acts), for which these Statutes were not meant to allow in the first place.
It is critically important that the standards and protections be upheld, that no one " can nor should be held or labeled a law violator, simply based upon the acquisition, possession, or ordering of questionable and/or objectionable materials and information.
This alone without supported evidence ( physcial ) not hearsay evidence, is insufficient to prosecute a defendant. To do so, goes against all of the principals our constitutional awarded rights asserts.
I still have much work and research supporting our protections. As any attorney will tell you "money is a big issue" as with my very own clients, I am representing them on a "shared fee bases"
because the research for all three is the same, I did not charge them all the standard retainer fee for new cases.
It is and will be very important to procure fees just to cover the filing fees, notices, publication and other related costs. Probably around $10-15k. This would be sufficient to cover most if not all of the costs of putting together the suit and following it through. I am not taking a standard fee in this matter, the issue itself is important to me for other reasons, ( Freedom from intrusion of "Big Brother")
All those who want to send in donations for the defense fund may do so c/o AFO (All For One) Class Action Fund, , Providence, RI 02940
If possible, any donations made, please do so by check for the purposes of records and tax deductions. A federal taxpayor number will be forwarded along with a receipt. This way you can list the donation on your tax returns for the deduction and also the government can't accuse my office of money laundering.
Of course, those of you who don't have a checking account or simply don't want to have any paper trail, you can send a money order, cashier check, or cash. Still, we will send you back a receipt and the tax payor number for deduction purposes.
Also, all those who want to be a class member, please provide a mail address for notice by the courts when the suit is filed.
For those who want to know when I will be filing the suit. It depends. I hope to file by the years end, more likely before Thanksgiving, ( I kind of like that, Thanksgiving, Thank You DTV for our Christmas Gift!)
That would be really nice, wouldn't it? Seriously, I am hoping to finish up my case law research and complete the draft and then complete the original petition along with the exhibits and affidavits in support.
I will file the suit in the Boston, Massachusetts Federal Court. Massachusetts is a great place for the battle of the rights of freedom. Don't you agree?
Well, Its getting late. I will keep you all up to date on all the happenings and any current case law outcomes. The one that I am most interested in right now is the Florida case where one of the 9 defendants has counter-sued DTV and I am awaiting the Judges ruling whether to allow the counter-suit to go forward.
Oh, I just read over at decodernews that some Cop in New Hampshire was arrested and charged for piracy!! Wow! and they think we are the scum of the earth! How can they accuse people like us, when they can't even control their own?
Chew on that one Dave!
Quote:
Latest development coming out of the East Coast!
It has been brought to my attention that DTV has instructed their attorneys to send the 2nd follow-up letter within 10 days and then file suit.
It has already started to happen in many different parts of the country, both in Florida area and Houston TX.
Also, and this is very very important.!!
**Please be advised that Though DirecTV is filing civil suits against the alledged "defendants" for stealing satellite transmission. This is also a "Federal Criminal Offense", punishable by a fine of up to $10,000 per occurrance! & Jail time!, plus a host of other related issues that go along with this charge.
for the record. It appears that many of the individuals who have entered into these "settlement agreements" with DTV, have all been charged criminally with the violation of the statute!!
So, based upon this latest action by DTV and their representatives, it really doesn't make any sense at all to settle under any circumstances!
I have been saying all along that NO One should settle and They Must Challenge the Charges.
You see many many attorneys who are not criminal defense attorneys like myself have all failed to see and pick up on the fact that if any charge civilly is going to subject yourself to future criminal exposure even the remotest possibility, then, you must be awarded your constitutionally protected right against self incrimination and the right to counsel, just for the mere fact that you don't have to answer any charges filed against you even though it is done so in a civil setting, your 4th & 5th amendment rights attach!!!
Now, I bet many of these individuals are wishing they didn't enter into any settlement with DTV. They were afforded "Zero" protection under the agreement they signed and have now exposed themself to criminal conviction!!
Hows that going to look on your credit report and a Job Backround check on you?
I warned many of you that this was going to happen. And, now it is happening!
Not one of my 4 clients are facing this exposure. Thats because I wouldn't accept any settlement. I want them to prove their case, and since it has criminal exposure, my clients all have the 4 & 5th amendment rights to assert and they can't be waived!
Now, How will DTV prove their case NOW? Better have an eye-witness and/or survelliance video, or something to prove their case, or a motion to dismiss is forthcoming.!!
My best advice to all of you who are or have already received your letter(s) get an attorney NOW, and let them start working on your case. I have used much of my research and case preparation for my clients as a shared expense among them. I have prepared all my court, pre-trial memos, motions, etc....ahead of time to put their representatives on the defensive from the get-go instead of them putting us on the defensive.
When I go in on the first meeting and hit them with 3-4 different motions to dismiss, surpress, exclude, etc... it puts their attorneys on the defensive immediately because they don't know what the Fu*% just hit them, they are so used to having the defendants agree to settle because they are so scared or the defense attorney has no clue about the real issues, the attorney advises his/her client to settle, when, they should be shifting the burden onto the attorneys for DTV to show cause and prove their case first!!!
Now, I have put the attorney on the defensive because he/she must now defend my motion why the case should be allowed and not dismissed. This provides me with information upfront as to what (if anything) they have as proof, without actually having a trial. ( its called getting a second bite at the apple )
So, again, its only my advice, but, I believe you all should seek representation, and soon!
As for the class action suit. Yes!, as soon as the fund has sufficient funds to file, all updates will be posted showing its progress and copies of the suit will be mailed to all who donate to the fund and I would also believe it will be listed in the Federal Court Record (Docket) when its filed.
__________________________________________________
_
On a side note, the dealer "TestSat.TV was raided 9/20/02. I don't have any further info thus far.
I would guess, their customer list was also seized.! So, all those who ordered from them, you will be receiving that dreaded letter too.
At least be prepared ahead of time!
Take care
**********************************************************************
Also He is quoted beofe as saying he is acepting donations for the class action:
Quote:
Class Action Lawsuit (Bases For )
Ok, as far as a class action lawsuit for all the members, Please Be Advised, that I have already begun the bases for one and the preliminary case law support for a Class Action Law Suit for this particular (Target Group)
A Class Action Lawsuit, is by defination, filed on behalf of a group of individuals who can be classified as those simiarly situated as the others is the group. Meaning each and everyone has been effected in a similar fashion by the actions of the same person, group of, or company,corporation,enitity, or government.
Thus, in this situation, all those who have been effected by the actions of DirecTv and/or the representatives of DirecTv, are considered a ( Class Group ) for the purposes of filing a Class Action Lawsuit.
The suit itself can be filed in any state where one of the Plaintiff's lives. It does not have to be filed in any particular state or jurisdiction.
Also, what is usually the case, the lawsuit is filed listing only one or a few individuals who has been harrassed by these antics in violation of their constitutional protected rights. The group itself is "joined in" as part of the "simiarly situated or effected" member.
A notice is posted in the newspaper, and in these cases, the names on the list that was used to harass these individuals in the first place will receive notice of the pending class action lawsuit.
The individual is given the right to "opt out" of the suit. This means that if the individual wants to pursue their own individual case against DirecTv for "Specific Damages" usually meaning a more unique set of circumstances that has caused the Plaintiff more damages than what they would receive as a general Plaintiff.
Maybe the Plaintiff suffered loss of employment, emtional distress that required medical attention, or something more outstanding than the damages the group is seeking.
Speaking of damages as a Class Action Group. When we win, one of the first set of damages to be paid would be to reimburse those members who had paid the amounts under duress.
Of course, any monies paid, we would be seeking (%) interest to be added to this amount equal to 12% annually compounded as provided by law. ( These monies would have been available to the member to invest, had it not been used for the payment of these illegal fines.)
I would also be seeking the return of all equipment or its value in monetary payment, if it can't be returned. ( the equipment should have never been confiscated or turned-in, in the first place)
The reimbursement of all legal fees paid out by the members for the purpose of being representated. ( should have never had to hire an attorney in the first place and expell monies to do so)
Then, Punitive damages. These damages are various in nature,
( i.e., emotional distress, held in false light in the public's eye, suffering from post tramatic stress, false imprisoment, malicious prosection...!!! ( this will be attached to every member )
it is things of this nature that punitive damages are assessed, along with a few other various damages ( attorneys like to seek for their clients).......
The whole point of the suit or any civil suit, is to make the client "Whole" again, to try and compensate the client, so that the individual can be placed in the same or a bit better position, that the individual would have been in, had the actions against them never had happened.
Ex: Lets take an insurance case: If the client was driving a "Brand New" Hummer. ( Retail Value: $ 60-70k) and as they were driving down the road, a drunk driver went thru the red light and rammed into the driver side causing "total damges" to the Brand New Hummer, Physcial Injuries( broken arm, fractured leg, concussion, cuts, scraps, bruises, and a broken finger), requiring medical treatment and rehabilitation for, (lets say 4-8 weeks) ( oops, lost wages too,) Oh! ( pain & sufferring, had to endure those darn medical treatments, not to mention the emotional distress of having to go through this whole ordeal)
So, now we have the insurance company ( these very bad people) who want to get away as cheaply as possible!!
Ok, we have to replace the vechile ( $60-70k) the insurance company will argue, hey, its a used vechile, and we say, oh yeah, then go out and find a replacement, to replace the same vechile, with the same options, and the same mileage. CAN'T!! so, what's the next best thing? A Brand New One!!
Next, Who is going to pay for all the medical bills that aren't covered by the clients current medical coverage? and all the subsequent costs!! ($ lets say another $50k)
Next, Pain & Sufferring, my client had to endure, that he wouldn't have if the "insured" hadn't ran a red light. ( Oh! another $25-30k)
Now, do you see where I'm going with this? You see, everyone handles stress differently, and unnecessary stress, well, you can see how it can take its toll on someone!!!
Bottom line here: I am going to file a Class Action against DirecTv and their Representatives. The bases is its intentional, malicious prosecution of individuals who's constitutional rights were violated by the actions of DirecTV.
The actions of DirecTv and their representatives, could have been conducted by lesser intrusive means by which DirecTv could monitor, protect, and prevent theft of their satellite signal, that would not trample on the constitutionally protected rights of these individuals.
Currently, the constitutionally protected rights of Freedom of Speech, Expression and the right against self incrimination, along with other protected rights have all been violated by the conduct of DirecTv and their representatives who are hiding behind the distorted, misinterrupted and misleading ( federal statutes designed and meant for implementation of FCC related actions)
These "Broad" interruptations of CALEA and other Statutes by DirecTv and their representatives, are being applied for the purposed of sacntioning the actions of DirecTv and their representatives in violation of the individual(s), protected rights against these (acts), for which these Statutes were not meant to allow in the first place.
It is critically important that the standards and protections be upheld, that no one " can nor should be held or labeled a law violator, simply based upon the acquisition, possession, or ordering of questionable and/or objectionable materials and information.
This alone without supported evidence ( physcial ) not hearsay evidence, is insufficient to prosecute a defendant. To do so, goes against all of the principals our constitutional awarded rights asserts.
I still have much work and research supporting our protections. As any attorney will tell you "money is a big issue" as with my very own clients, I am representing them on a "shared fee bases"
because the research for all three is the same, I did not charge them all the standard retainer fee for new cases.
It is and will be very important to procure fees just to cover the filing fees, notices, publication and other related costs. Probably around $10-15k. This would be sufficient to cover most if not all of the costs of putting together the suit and following it through. I am not taking a standard fee in this matter, the issue itself is important to me for other reasons, ( Freedom from intrusion of "Big Brother")
All those who want to send in donations for the defense fund may do so c/o AFO (All For One) Class Action Fund, , Providence, RI 02940
If possible, any donations made, please do so by check for the purposes of records and tax deductions. A federal taxpayor number will be forwarded along with a receipt. This way you can list the donation on your tax returns for the deduction and also the government can't accuse my office of money laundering.
Of course, those of you who don't have a checking account or simply don't want to have any paper trail, you can send a money order, cashier check, or cash. Still, we will send you back a receipt and the tax payor number for deduction purposes.
Also, all those who want to be a class member, please provide a mail address for notice by the courts when the suit is filed.
For those who want to know when I will be filing the suit. It depends. I hope to file by the years end, more likely before Thanksgiving, ( I kind of like that, Thanksgiving, Thank You DTV for our Christmas Gift!)
That would be really nice, wouldn't it? Seriously, I am hoping to finish up my case law research and complete the draft and then complete the original petition along with the exhibits and affidavits in support.
I will file the suit in the Boston, Massachusetts Federal Court. Massachusetts is a great place for the battle of the rights of freedom. Don't you agree?
Well, Its getting late. I will keep you all up to date on all the happenings and any current case law outcomes. The one that I am most interested in right now is the Florida case where one of the 9 defendants has counter-sued DTV and I am awaiting the Judges ruling whether to allow the counter-suit to go forward.
Oh, I just read over at decodernews that some Cop in New Hampshire was arrested and charged for piracy!! Wow! and they think we are the scum of the earth! How can they accuse people like us, when they can't even control their own?
Chew on that one Dave!