English Grammar and Usage, Lawyer of the Day, Screw-Ups

Cease-and-Desist Letter Made For Etsy User Is Riddled With Handmade Errors


(Via Regretsy.)

From the Office of:
Howard Roy Schechter Attorneys
State Bar of California #58828
10866 Wilshire Blvd, Los Angeles, CA, 90024

Ref.: Ecologica Furniture Mariana C. Schechter

We have discovered that you are source of the negative comments posted on etsy.com and on your personal Facebook account. You understand that you may think reflect a true state of facts. We further understand that you may think that some sort of privilege may exist to comments made on the internet that you are somehow protected against slander liable and unfair competition as well as other torts. Be advised that the allegations that you and other have made are completely false. All Ecologica’s products are handmade and all other miscellaneous charges are equally false.

It goes without saying that is obvious from your comments that your intention is harm us in a trade or business. There’s no privilege to utter falsehoods on the internet.

Were one of the statements to be true, truth would be absolute defense. Many of the people making these comments are wreck less fools but the burden of proof is on the person making the comment each of which may be sued individually requiring separate counsel or at our election in such group as we decide. Obviously jurisdiction will lie in California with venue in Los Angeles. There is a requirement under California law that a retraction filled immediately upon request may mitigate damages. So you are hereby notified, and I failure to retract under certain circumstances allows for allegations of punitive damage which will certainly be our intention.

Those of you who have business or business contact with etsy.com are also committing the TORT OF UNFAIR COMPETITION. Some of the egregious comments may also be considered ASSAULT or INTENTIONAL INFLICTION OF EMOTIONAL INJURY which always carry punitive damage some of the direct treats are also crimes under California law, and if they are repeated we shall immediately contact the Los Angeles Police Department and the District Attorney’s Office.

If you are currently represented by an attorney, request hereby made for his name address and telephone number. If you fail to provide this information we will be forced to conclude that you are unrepresented by an attorney and serve you personally should any litigation and sue.

If any of you communicate and assist each other this may well constitute the crime of conspiracy under CA and Federal Law.

If you hold any state license in any state you reside or do business these comments may be grounds from discipline, be further advised that the law is most state is that “a tale bearer has the same responsibility as the a tale maker”, so there’s no defense that you are only repeating something you heard elsewhere.

I am hopeful that your comments were an inadvertent error and will be retracted as this might be better for everyone.

Govern yourself accordingly.

Howard Roy Schechter
State Bar of California #58828
Attorney for Ecologica Furniture

UPDATE (4/28/2012): You can read a response to the C&D letter, by Ken White of Popehat, over here.

UPDATE: Ecologica Malibu [Regretsy]

(hidden for your protection)

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