Cyber Trial Lawyer or Cyber Bully?

Cyber Trial Lawyer or Cyber Bully?

By Shawn Olson

Posted on 12.13.06

For the second time I received an email from CyberTrialLawyer.Com. The first email was a demand that I take down a web page about the Manchester Who’s Who in which I belittled the marketing tactic of Manchester Who’s Who as a scam. After I received the email, I added a note to the beginning of the article to let everyone know that my personal definition of the word “scam” may or may not apply depending on your definition of "scam"—but in my view of life, their method of acquiring business is scandalous.

The marketing tactic used on me was, in my opinion, dubious--and with the number of guestbook posts that others have posted to say the same... it appears that others share my opinion.

Today I received a second email from CyberTrialLawyer.Com with a drafted federal complaint against me for the article. This draft makes the claim that I am defaming the Cambridge Who’s Who company (which the Manchester Who’s Who is now a part of). As such, the draft complaint is asking for $2,000,000 in compensatory damages and another $5,000,000 in punitive damages.

Supposedly, this little article on my website is worth $7,000,000. Seven Million Dollars. Oh yeah… plus legal fees.

Is this lawyer smoking crack?

I know it is simply a ploy to scare me into taking down the web page. What’s sad is that these kind of lawyers can bully the public into caving in to businesses with enough money to pour onto the complaints. But the fact is that there is a freedom of speech that is built into the American fabric. If people couldn’t call out a business or public entity on their tactics, then there would be no freedom of speech.

If you are really concerned about protecting integrity, go after shady political advertisers who get paid for calling opponents slime bags. Don’t try to bully a little man who calls it as he sees it.

PS. The Who’s Who people could have dodged this whole bullet a long time ago by calling me up to apologize for their marketing tactic. But no… threatening lawsuits and millions of dollars in charges is their tactic. Hmmm…. That sounds really professional! Well part of me is a journalist... and journalists have a tendency to stick it to the man at times.

[Added Note] The lawyer hired by Cambridge Who's Who has now called me twice; he asked if we might not resolve the issue without litigation--I said I would be open to it if the company wants to make a public apology to the people who feel they are getting taken. Today (December 15, 2006) I was informed that the company would have none of that.

I will be talking to my lawyer about this issue soon. If within my legal rights, I will post a complete copy of the absurd charges that they are threatening to bring against me. According to their lawyer, I am not allowed to share any of that document with the public... if that is true, I will comply. But if not... the public can see how ridiculous their claim is and how a company is willing to walk all over the Consitutional freedom of speech by threatening to sue anyone who is a critic. The drafted complaint is full of irrelevant facts, broken logic and simply outrageous accusations.

If the company doesn't like my criticism, or the criticism of many others who feel the same... either ignore those criticisms or do something to change your methods that brought those criticisms.

[Added Note] This has now escalated to an actual law suit.

[Added Note - March 2008] The lawsuit has now been dropped. It was settled out of court. I am unable to give more details about the case due to a confidentiality agreement. I am also not going to post the copy of the charges like I intended to as written above. Please forgive me if I do not reply to inquiries about the case.

More in the Modern American Insanity Series

Copyright © 2006-2008 by Shawn Olson.

Comments

< Scott Wilson > at 2008-04-30 03:32:27 EST Email Me

Thank you for standing up to those misguided and foolish "business" people. They are not just misleading but malicious too. Reading your article was like reliving my expereince. The girl talking to me tried to bait and switch me too... she kept talking about payment after assuring me that registration was free. Their methods are contemptuous in any industry, and even more in theirs where they are purporting to have integrity and are supposed to be recognizing accomplishment. I would have people do what I did, turn it around on them when they call and ask specifically why they picked you and why they think you are accomplished. I kept saying that I am very interested to know what they know about how accomplished I am. I said that if they really wanted to convince me that they are worth my BIG name to be in their little publication, then they will have to prove to me that they have done their due diligence to be selective in the inclusion of names. She just kept resorting to her script about trying out the service and how I wanted to pay. Silly. But not too funny. Big waste of time for people and dishonest gain for them!

< Sandy Widstrup > at 2008-02-08 16:32:05 EST Email MeMy Website

Hi Shawn, good for you that you are not letting them bully you. This is a totally silly lawsuit! I also have had contact from the Cambridge Who's Who and I went through the prideful emotions that you did when they praised what I am doing. I also went through the disappointment and shock when they said there were charges, after the initial mailer had said it was a free recognition. You're right and it looks like there are MANY of us who totally agree with you! Hang in there and if you want letters written to support you, post on your site where to mail them to. I am sure that many of us would write about our own experiences if that will give you support.

Sincerely,
Sandy Widstrup
President, Girls Choice, Inc.

< Clinton Myers > at 2008-01-24 16:02:46 EST Email Me

Thanks a lot for posting this. I received their letter in the mail today and thought that it might be a scam. I did a web search and found your web sight and several others suggesting that it is, indeed, a scam.
Here's another site: http://www.ripoffreport.com/reports/0/203/ripoff0203539.htm

Again thanks a lot. I hope they drop this stupid law suit against you. They are blatantly disregarding your freedom of speech. People need to be told about scams such as this.

< Sooner McKay > at 2008-01-17 16:38:36 EST Email Me

I got the Cambridge letter. I got one last year from "Metropolitan Who's Who." I'm not positive they are associated, but they have exactly the same logo, letterhead, intro. letter etc. I called last year and inquired. They wanted hundreds of dollars for a plaque and an extended bio in the book, etc, etc. I just filed the letter (which said I was already selected) put it in a file and wrote up my own press release and sent it out to my local papers. I got all the "honorable mentions" of being a Who's Who and didn't get robbed. I recommend to anyone who gets these letters, just add it to your personal spin machine for publicity. If you have the letter that says you're in there, the publisher is responsible for it.

< Michaela Noble > at 2007-10-30 10:46:49 EST Email Me

Did this suit get dismissed or resolved if actually filed? I have checked the Federal Pacer system and cannot find any record of any suit involving you or Cambridge. I hope that it was dismissed in your favor.

< Al Baker > at 2007-10-27 11:33:40 EST Email Me

I too have received a letter from "Cambridge Who's Who" and did my own research on them. THANK YOU! for saving me time and the harassment from companies like Cambridge Who's Who. Thanks to the internet and people like yourself posting the truth about these companies, it helps save time from scammers like this. Stick to your guns. Their lawsuit is a joke and they should be ashamed for even trying to file it. What a bunch of cowards.

< Scam Fraud > at 2007-10-21 11:02:18 EST Email Me

The annoyed librarian has this to say about Cambridge Who's Who:
http://annoyedlibrarian.blogspot.com/2006/08/ala-sells-me-out-to-scam-artists.html

< Zack Kery > at 2007-10-17 18:08:41 EST Email Me

While doing reasech on Cambridge Who's Who, I found this information about the guy that owns the place. Randy Harris Narod (Registered
Representative, Oceanside, New
York) submitted an Offer of Settlement
pursuant to which he was censured,
fined $50,000, barred from
association with any NASD member
in any capacity, and required to disgorge
all monies earned by him while
associated or otherwise employed in
the securities industry after September
11, 1995, in the amount of at least
$1,000. Without admitting or denying
the allegations, Narod consented to
the described sanctions and to the
entry of findings that he arranged to
have an impostor take the Series 7
and 63 exams on his behalf. Narod
also failed to respond to NASD
requests to appear for an on-therecord
interview

< mina y > at 2007-10-15 12:32:00 EST Email Me

Shawn...much mahalo for writing and posting about this "scam". I received this letter "Cambridge Who's who" yesterday and being a business owner I thought cool but at the same time I thought is this for real? This morning I did a little research and your site came up and I read about their lovely tactics to "scam" people into believing that this was a honor/achievement. Thank you thank you! Hope that the judge will dismiss this "BS" and realize that they are wasting precious time that could be spent on important cases!!!! aloha!

< Carlos Sandoval > at 2007-10-11 16:22:01 EST Email MeMy Website

I just received the same later described on your blog and I am glad I stopped to do some research before completing an application. Thanks for posting this so other people know what kind of company this is. What this company is doing sounds a lot like fraud and I imagine it would make a very interesting class action from the people who have paid the subscription and have not received anything.

< LANE PHILLI > at 2007-10-09 18:53:24 EST Email Me

Outstanding comments Shawn! I just got my letter today from Cambridge and it says quite clearly "There is no charge or obligation for qualified individuals to be listed in the online registry." So, when later you're dunned for the cost of "membership," and opposition to the cost ends in a hang up, that would equal deception, right? And they are suing you??? Maybe I'll just hang on to my response card which by the just has blanks for me to fill out. Clearly it could be filled by anyone like maybe by one of the secretaries or clerks to the Judge hearing your case. Let me know if it gets that far 'cause this could be fun. In the meantime, thank you for taking the time to try and help others avoid people and organizations like this one. We need more people like you and a lot less like them.

< Heather LaBarre > at 2007-10-09 15:49:55 EST Email Me

I too got a call with the same dialog. I suffer from a big ego too...but did not get scammed. When the woman stated that my husband should just support my decision to spend $899 and to just pay it, I thought this woman is insane.
As for the legal battle, if it is in fact a real suit, you can put the complaint on your website, it is a public document if it was filed with a court (unless filed under seal). Just a side note.

< Jennifer Crumpler > at 2007-10-08 11:37:21 EST Email MeMy Website

I had the same experience with this Cambridge Who's Who, almost down the words in the phone conversation. After multiple times of telling the woman on the phone I do not agree to anything without seeing in writing and researching it first and her still telling me she was going to sign me up anyway I just hung up on her. Thank goodness I never provided any financial information to them. Thank you for your page and it's warning. And if they are suing you then they have alot more people to sue because there are alot of pages up where people are repeating their same experience with this company.

< Homer Simpson > at 2007-09-24 16:47:44 EST Email Me

Best thing to do is take the "Business Reply Mail" form that gives them your information and put Homer Simpson or something on it and stick it in the mail. That way they'll be charged the postage.

Luke

< Bo Gowan > at 2007-09-19 10:52:17 EST Email Me

Good for you for standing up for an issue you believe in. Turn about is fair play. If they are going to sue you for stating your opinions on their methods, you could hit them where it hurts (as you are already trying) with publicity. This looks like the exact kind of story that John Stossel of 20/20 likes to cover. If I were you I'd start looking for some mass media alternatives to make this public.

< Charlie Anon > at 2007-09-17 20:48:10 EST Email Me

Rather than call this a SCAM, you could simply ask the question: Is This A Scam? - You decide. Your story tells the tale.

< Adrienne Ray > at 2007-08-24 09:13:41 EST Email Me

what possible (legitimate) reason could they even have to try and sue you, after all the bs they pull on naive people?

< Becky Z > at 2007-07-25 16:48:49 EST Email Me

Shawn:

Thanks for posting this. I was googling Cambridge Who's Who as Jill Croffin kept pressuring me to join and your website came up. She even lowered the price from $789 to $99 to try to get me to sign up. I told her I was unaware of any fee to be published when sending in my application and I refused to sign up for something without doing any research. I finally had to hang up on her.

Good Luck!

< Frances Ferter > at 2007-07-07 01:36:59 EST Email Me

Thank you for your post... I too received one of these letters and after recently opening my own business and as a female business owner I was drawn in at first by the ‘pride’ tactic. They commented on "Honors Edition" and "professional women" and "listed among thousands of accomplished women" I was feeling very excited about it but thought I ought to do a little googling about it first and I am sooo glad I did. Wow what an emotional lure that letter is. They really have a great physiological scam technique! Good luck in the law suit...THAT IS RIDICULOUS!!! They are really digging deep!

< Stan L > at 2007-07-02 17:28:49 EST Email Me

Good for you. I just got off the phone with a very pleasant women who told me I was accepted into the Cambridge Whos Who (I replied to a letter, giving career information). It was my understanding initially that acceptance was free until the phone call. After asking me for additional information (such as career history and home address) I was told the price ($499 membership fee and $199 deferred for I don't know what) to be posted in the book. While I do believe that it may be good networking to be listed, I feel that the price is astronomical. Above and beyond that is the fact that they would not send me anything in the mail confirming they are who they are, rather they wanted a credit card number over the phone. (Sending fraudulant information via the mail is considered mail fraud, which is a felony. When performed over the phone it is a misdemeanor if under $500 - Probably why they only ask for $499). While I was on the phone with her I performed a web search and found several unsatisfied customers - although this is not a crime to have unsatisfied customers, it does project an image that "Cambridge" may want to be more upfront about. In their initial mailing they should describe that this is a fee for service plan and the benefits should be listed instead of "ambushing" you and trying to pressure you into paying for the prestigious right to be included in their book at the low cost of $500. What a bargain. For $20 anyone that would like I will include your name in my blog posting or e-mail. just let me know.
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