standup
March 5th, 2003, 09:47 AM
LEGAL DEFENSE FUND ENGAGEMENT AGREEMENT
I JOHN T. HERMANN (“Attorney”) am representing several defendants in southeast Michigan that have been named in lawsuits by DirecTV for purchasing various electronic devices including, but not limited to “boot loaders”, “boot boards”, “emulators”, “unloopers,” ATMEL chips, software, power adapters, computer systems and processors, smart card programmers, and access cards which DirecTV maintains were used solely to intercept its satellite signal.
In the past DirecTV has attempted to sue the manufactures of the equipment and under the Digital Millennium Act for the manufacture, sale, and/or distribution of a alleged “Pirate Access Devices.” Using the billing records that were confiscated from several of these equipment manufacturer’s, DirecTV has changed its strategy and is now launching an all out attack on a large number of innocent victims whose only offenses is that they allegedly purchased various electronic devices In connection with these actions DirecTV and/or its representatives have sent out thousands of collection letters stating without any proof or supporting evidence that the named individual has engaged in “signal theft” subjecting them to damages of up to $10,000.00 per violation.
Representatives have been instructed to demand payment of $3,500.00 regardless of the facts or circumstances in order to settle the dispute and forego further litigation. Along with the settlement tender additional demands are often attached (i.e. a release of any and all counterclaims, release of right to participation in class action litigation against DirecTV and/or its parent/subsidiaries) DirecTV has also attempted to attaché other onerous terms such as forced subscription packages to the conditions of settlement. Even if these individuals decide that it is simply not worth fighting due to attorney fees, costs, etc. DirecTV still reserves the right to file a criminal action and can report the dispute to any of the major credit reporting agencies an unpaid debt. These strong-arm tactics are illegal, in violation of a variety of state and federal laws amounting to an extortion scheme in which they anticipate that a certain percentage of the defendants will simply pay the settlement amount to avoid being sued. If just half of the people decide to pay, DirecTV will gain about $250 million in additional revenue.
In order to defend my clients interest, and the interest of others that have been wrongfully targeted, I am interested in retaining an expert that would be able to clarify some of the technical aspects and other applications of such devices. I have contacted the Scientific Director at the Center for Information Technology Integration at the University of Michigan to act as a consultant in connection with the lawsuits involving DirecTV and he is asking for a retainer fee of $7,500.00 as an advancement of anticipated work billed at his normal hourly fee of $400.00 per hour.
Since this retainer is financially prohibitive for individual defendants acting alone, I am seeking contributions for a legal defense fund for the purpose of defending individuals that have been targeted by DirecTV extortion scheme. Such funds shall be used for the retention and consultation of an appropriate expert(s), and or defense of individuals that are unable to afford legal representation. Any materials, reports, testimony, or other discoverable information shall be made available to other defendants and/or their attorneys in order to prepare their defense and pursue claims against DirecTV relating to any of the aforementioned lawsuits. In the event that such contributions exceed the amount of reimbursement for legal representation and/or expert consultation, such excess funds shall be transferred for Deposit an appropriate charitable organization. Deposits will be accepted in checks made payable to JOHN T. HERMANN CLIENT TRUST FUND (Federal Employer Identification No. 38-3645516), JOHN T. HERMANN hereby acknowledge and agrees that his endorsement on any draft instrument shall be construed as an acceptance of the conditions articulated in this agreement. My address and information is as follows:
Law Offices of John T. Hermann
2684 West Eleven Mile Road, Ste. 100
Berkley, MI 48072
(248) 591-9291 phone
(248) 591-2304 fax
E-Mail: JTHermanos@Earthlink.Net
I JOHN T. HERMANN (“Attorney”) am representing several defendants in southeast Michigan that have been named in lawsuits by DirecTV for purchasing various electronic devices including, but not limited to “boot loaders”, “boot boards”, “emulators”, “unloopers,” ATMEL chips, software, power adapters, computer systems and processors, smart card programmers, and access cards which DirecTV maintains were used solely to intercept its satellite signal.
In the past DirecTV has attempted to sue the manufactures of the equipment and under the Digital Millennium Act for the manufacture, sale, and/or distribution of a alleged “Pirate Access Devices.” Using the billing records that were confiscated from several of these equipment manufacturer’s, DirecTV has changed its strategy and is now launching an all out attack on a large number of innocent victims whose only offenses is that they allegedly purchased various electronic devices In connection with these actions DirecTV and/or its representatives have sent out thousands of collection letters stating without any proof or supporting evidence that the named individual has engaged in “signal theft” subjecting them to damages of up to $10,000.00 per violation.
Representatives have been instructed to demand payment of $3,500.00 regardless of the facts or circumstances in order to settle the dispute and forego further litigation. Along with the settlement tender additional demands are often attached (i.e. a release of any and all counterclaims, release of right to participation in class action litigation against DirecTV and/or its parent/subsidiaries) DirecTV has also attempted to attaché other onerous terms such as forced subscription packages to the conditions of settlement. Even if these individuals decide that it is simply not worth fighting due to attorney fees, costs, etc. DirecTV still reserves the right to file a criminal action and can report the dispute to any of the major credit reporting agencies an unpaid debt. These strong-arm tactics are illegal, in violation of a variety of state and federal laws amounting to an extortion scheme in which they anticipate that a certain percentage of the defendants will simply pay the settlement amount to avoid being sued. If just half of the people decide to pay, DirecTV will gain about $250 million in additional revenue.
In order to defend my clients interest, and the interest of others that have been wrongfully targeted, I am interested in retaining an expert that would be able to clarify some of the technical aspects and other applications of such devices. I have contacted the Scientific Director at the Center for Information Technology Integration at the University of Michigan to act as a consultant in connection with the lawsuits involving DirecTV and he is asking for a retainer fee of $7,500.00 as an advancement of anticipated work billed at his normal hourly fee of $400.00 per hour.
Since this retainer is financially prohibitive for individual defendants acting alone, I am seeking contributions for a legal defense fund for the purpose of defending individuals that have been targeted by DirecTV extortion scheme. Such funds shall be used for the retention and consultation of an appropriate expert(s), and or defense of individuals that are unable to afford legal representation. Any materials, reports, testimony, or other discoverable information shall be made available to other defendants and/or their attorneys in order to prepare their defense and pursue claims against DirecTV relating to any of the aforementioned lawsuits. In the event that such contributions exceed the amount of reimbursement for legal representation and/or expert consultation, such excess funds shall be transferred for Deposit an appropriate charitable organization. Deposits will be accepted in checks made payable to JOHN T. HERMANN CLIENT TRUST FUND (Federal Employer Identification No. 38-3645516), JOHN T. HERMANN hereby acknowledge and agrees that his endorsement on any draft instrument shall be construed as an acceptance of the conditions articulated in this agreement. My address and information is as follows:
Law Offices of John T. Hermann
2684 West Eleven Mile Road, Ste. 100
Berkley, MI 48072
(248) 591-9291 phone
(248) 591-2304 fax
E-Mail: JTHermanos@Earthlink.Net