C&D from Facebook...

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mGrunin

mGrunin

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Jul 18, 2009
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Just got a nice surprise in my inbox about 45 minutes ago:

Perkins Coie Inc representing Facebook sent me a Cease and Desist on all Facebook services.

I'm being accused off:
- Displaying ads with pornographic content from my personal account.
- Purchasing another ad account and displaying pornographic content from that account too.
- Creating several more accounts and posting porn there too.

I'm being told to:
- Stop using any of Facebook's services.
- Provide an accounting of all the commissions I've earned from my affiliate networks, referral commissions and the dates I was an affiliate.

The Truth:
I had my initial personal account banned because of my dating ad. The thing is, there wasn't a single pornographic image in any of my ads. The reason why the account was banned was because I had an image of a girl (full clothed), but under her, I had some inappropriate words. The great thing about it though is that the ad was approved.

Since it was approved, I submitted a few more replicas and they were all disapproved and then my account was terminated.

I created a new account, started advertising only gaming offers on it, it was terminating a few days after.

Created one more account, I didn't even have any ads submitted or anything, it was just disabled.

It's absolutely bullshit that they are accusing me of things that I did not do.
 


re: "Provide an accounting of all the commissions I've earned from my affiliate networks, referral commissions and the dates I was an affiliate."

WTF do you think they want to do with that info???
 
C & D email?

If a C & D doesn't come in Certified US Mail then ignore it. To respond is to notify them that you received it.
 
Facebook normally will initially C&D you by e-mail before taking further action.

Yes, it's still as big of a deal as when you get one via certified mail and not something to be mocked.
 
Stop using their services for sure, and let them know you plan to comply. Be sure to sound sincere. Don't say anything about your affiliate shit, and it'll probably blow over.
 
Am I within my right if I request them to send me the pornographic images that I'm being accused of using?
 
mGrunin said:
Am I within my right if I request them to send me the pornographic images that I'm being accused of using?
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No. Don't contact them back immediately especially if you're asking for information without disclosing any of the information they wanted. You just put yourself into a legal corner.

Contact your lawyers and consult with them. Chances are they'll recommend drawing up a reply to hopefully cease all further action. The reply will come from your lawyer, not from you personally.

This is not a scenario where you want to e-mail back personally going, "yo, what pics you talking bout bro? no naked chicks i swear."

Lawyers are like blood-hounds except they sniff for incorrect wording, not blood. That's why whenever I get sued it all goes straight to my lawyers, replying with little to no understanding of legal terminology is a risky move.

I believe you have me on AIM if you want my further opinion.
 
FTC-Hater said:
No. Don't contact them back immediately especially if you're asking for information without disclosing any of the information they wanted. You just put yourself into a legal corner.

Contact your lawyers and consult with them. Chances are they'll recommend drawing up a reply to hopefully cease all further action. The reply will come from your lawyer, not from you personally.

This is not a scenario where you want to e-mail back personally going, "yo, what pics you talking bout bro? no naked chicks i swear."

Lawyers are like blood-hounds except they sniff for incorrect wording, not blood. That's why whenever I get sued it all goes straight to my lawyers, replying with little to no understanding of legal terminology is a risky move.

I believe you have me on AIM if you want my further opinion.
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Great help, thanks. From the looks of it, I'm just going to comply and not get into any conversation with them.

1yerrot said:
I don't know if they have any legal obligation to oblige your request but even if they did how would that help you? That sucks man...
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Half of this document does not even seem to apply to me. They are saying I created this and that account (said I purchased accounts, created fake alias accounts; both are a lie), submitted porn and so on awhile it's all false. I would at least want to see these images they are talking about to make sure they have the right guy.
 
whatever you do, don't show them your earnings. they are likely asking so they can figure out how much to demand
 
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