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Jaburg & Wilk, P.C. Re: RIP-OFF REPORT.COM Dear Mr. Gingras: Thank you for your letter of June 14, 2007. First, we firmly stand behind our “opinions” of your client’s website www.ripoffreport.com. As you are well aware, opinions are just that, opinions, and are protected by the First Amendment. Your client should be well informed with the Defamation/Libel law arena. Second, we (and numerous others) strongly believe that your client fabricates reports on businesses and then attempts to extort money from the damaged business. Further, your client has faced numerous lawsuits from other company’s alleging the same fraudulent conduct. Furthermore, with all of the current and past litigation surrounding your client, along with a record of criminal behavior, I would be surprised if any Jury would award your client a penny. To the contrary, we contend your client has intentionally published numerous false and defamatory statements regarding the business practices of Scooter's Fab Flashcast. We have a duty to respond to his outrageous claims that have been maliciously published via various Internet search engines. Any frivolous legal action filed by your client in an attempt to “chill our right to Freedom of Speech” will be vigorously opposed, including the immediate filing of an Anti-Slapp Motion, which allows for reimbursement of any and all attorney’s fees and costs should we prevail. Also, please remind your client that the truth is an absolute defense to any Defamation claim. Jaburg & Wilk, P.C. In order to resolve this matter amicably and to avoid costly and lengthy litigation for either party, our company, without admitting to any wrongdoing whatsoever, may agree to remove the postings from our website, should your client agree to remove any and all references to our company on the Rip-Off Report.com website (including any and all links on ALL search engines) and any other websites he may operate, in their entirety. Finally, in the mean time and in a show of good faith, we will post the following statement on our website: “Please be advised that attorney’s for the Rip-Off Report.com website have disputed our portrayal of the company and deny many of our allegations. Please exercise your own independent judgment when reviewing our commentary. We have reviewed our statements and hold to them unless the circumstances and facts warrant a change.” Please review our position with your client, and get back to me as soon as possible. Very truly yours, Cc: Mark H. Freeman, via EMAIL and fax to: (310) 657-1157 |
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