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Firm Threatens To Sue Consumer Websites For Harrassment
An anonymous reader writes "The BBC reports that RLP, a legal firm that sues shoplifters on behalf of retail groups, has shown its ignorance of the Streisand Effect by attempting to censor The Citizens Advice Bureau (CAB) and other consumer websites. RLP has accused CAB of harassment and is demanding that they and other consumer websites remove all 'defamatory posts' and publications. This is the latest salvo in a long running battle and although organizations like CAG (Consumer Action Group) have removed some offending posts, CAB and the Legal Beagles website are refusing to remove content and have accused RLP of trying to stifle reporting of adverse court judgments against them."
It's not theft. It's piracy. They aren't the same thing.
Oh, wait. Sorry. That was just habit.
The business model of these companies is particularly pernicious, and relies in the main on the defendants being uninformed and under-resourced.
THe company in question here is actually chasing employees of the Citizens' Advice Bureau - the place where these defendants go for help - often because they can't afford a lawyer.
This is a similar strategy to that used by ACS:Law - which has already felt the wrath of the professional regulator for precisely this kind of tactic. It's quite likely that, as suggested, that they sent a few threats too far.
you fat bastard
You'll be hearing from my lawyer who specializes in UK libel law.
There's no such thing as "UK law"; there's different (but similar) systems in England and Wales and Northern Ireland (both common law jurisdictions). Scotland has a mixed civil/common law system and its own institutions and methods.
They don't sue shoplifters.
Their business model is simple: issue an official looking letter containing a "fine" for about £80. If you don't pay up, you get reminders and final warnings and such.
Most people pay up.
However - and I daresay this is where RLP are getting upset - there are two minor problems with this business model:
- Under UK law, private organisations can't issue fines. That privilege is reserved for government bodies. A court of law can issue a fine, your local council can issue a fine but if I issue you a fine, I can't do a damn thing to force you to pay up.
- You can't sue someone in order to punish them. If they've caused you to suffer a loss that can somehow be quantified financially, you can sue them to recover the loss, but punitive damages are more-or-less non-existent. If the amount you're suing someone for is in no way related to the amount of financial loss they actually caused, then there's a very good chance it'll be declared a fine and thrown out of court. RLP would need to demonstrate that their "fine" is a genuine estimate of the costs associated with the incident, and as these letters more often than not include the word "Penalty" or "Fine", they've given themselves an uphill struggle before they've even set foot in a courtroom.
NOTE: IANAL. If you are being sued and you take advice from some anonymous Internet source, you need help.