The letter is somewhat humorous, and really seems to me like more a veiled advertisement for legal services, but the cases are real.
However, what was done in the two cases isn’t particularly novel, new, noteworthy, or special. Actions to quash third party subpoenas are actually very common in state and federal courts and frequently successful when the subpoena is overbroad or otherwise improper, like the ones here. It’s not a particularly expensive process. It’s pretty routine. The key is this: if you get a subpoena, don’t ignore it! Get it into the hands of legal counsel as soon as possible. Even if it is obviously overbroad or improper, you may waive any arguments to contest it if you ignore it! Doug From: Af [mailto:[email protected]] On Behalf Of Jason McKemie via Af Sent: Thursday, October 30, 2014 2:23 PM To: [email protected] Subject: Re: [AFMUG] Rightscorp Subpoenas, Important Information Wow, so this is for real? It reads like something you might see in the Onion. On Thu, Oct 30, 2014 at 12:47 PM, Chuck McCown via Af <[email protected]<mailto:[email protected]>> wrote: FYI only. We got hit with a bunch of this stuff. From: Rory Conaway via Af<mailto:[email protected]> Sent: Thursday, October 30, 2014 11:40 AM To: [email protected]<mailto:[email protected]> Subject: Re: [AFMUG] Rightscorp Subpoenas, Important Information Are they taking donations for the legal fight or are you just keeping us informed? Rory From: Af [mailto:[email protected]<mailto:[email protected]>] On Behalf Of Chuck McCown via Af Sent: Thursday, October 30, 2014 10:34 AM To: [email protected]<mailto:[email protected]> Subject: [AFMUG] Rightscorp Subpoenas, Important Information From: [email protected]<mailto:[email protected]> Sent: 10/30/2014 7:31 AM Subject: Rightscorp Subpoenas, Important Information THIS MESSAGE PERTAINS TO SUBPOENAS THAT WERE ISSUED TO YOUR COMPANY BY RIGHTSCORP, INC. PLEASE FORWARD THIS TO YOUR ATTORNEY, LEGAL DEPARTMENT, OR HEAD OF BUSINESS. Good Day: You are receiving this message because subpoenas were issued by Rightscorp, Inc. (“Rightscorp”) to your company in 2014. Among other things the subpoenas your company received were seeking personal identifying information of your subscribers including names, addresses, telephone numbers, and email address. Your company has been specifically targeted by Rightscorp because you are a small regional ISP. This year alone, Rightscorp has filed approximately 100 miscellaneous actions trying to force small regional ISPs to disclose personal subscriber information for the purposes of obtaining cash settlements from the aforementioned subscribers. Rightscorp strategy is to target small businesses like your in hopes that you will not be aware of the proper legal procedures, involve an attorney, or file a motion to quash the subpoena. The actions of Rightscorp, including its attorneys and owners is in blatant violation of the rules of civil procedure. This year two ISPs, Birch Communications Inc. f/k/a CBeyond Communications LLC and one by Grande Communications Networks LLC, have filed motions to quash the subpoenas, including motions for attorney’s fees and sanctions against Rightscorp. As a small ISP with limited resources its important for you to know that Rightscorp is specifically targeting you, not big players such as Comcast, Verizon, AT&T, WOW, and TWC, and that any time Rightscorp has been challenged they have have retracted the subpoenas immediately. Attached to the message you will find two documents filed in Federal Court in response to Rightscorp. One by Birch Communications Inc. f/k/a CBeyond Communications LLC and one by Grande Communications Networks LLC. These documents can be used as templates and reference points by your attorney in crafting a response or you can contact the attorneys representing Birch Communications Inc. f/k/a CBeyond Communications LLC and Grande Communications Networks LLC directly with the contact details provided herein. Its important for small ISPs to stick together and share information related to these improper Rightscorp cases. Attorney D. Lee Clayton Swift, Currie, McGhee & Hiers, LLP 1355 Peachtree Street, NE, Suite 300 Atlanta, GA 30309 Phone: 404-888-6168<tel:404-888-6168> Fax: 404-888-6199<tel:404-888-6199> [email protected]<mailto:[email protected]> Attorney Charles M. Salmon Locke Lord LLP 600 Congress, Suite 2200 Austin, Texas 78701 Phone: 512-305-4722<tel:512-305-4722> Fax: 512-391-4719<tel:512-391-4719> [email protected]<mailto:[email protected]> Doug Hass Associate 312.786.6502 Franczek Radelet P.C. 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