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Thread: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

  1. #51
    littleroundman is offline Administrator
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    re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    The only thing necessary for the triumph of evil is for good men to do nothing

  2. #52
    ProfHenryHiggins is offline Elite Scambuster
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    re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    Some past court cases that Fanbox's owner has been involved in paint a rather unflattering picture of him.

    Breaking, entering, and stealing from an employee in their own home? What strange testimony is this?
    http://www.ripoffreport.com/lhc/imag...rts/SMS_AC.pdf

    Who won this one? The language used by the judge is leaving me scratching my head, sadly enough.
    http://ca.findacase.com/research/wfr...386.SCA.htm/qx

    Was this Mr. Battin's first case defending Fanbox a.k.a. SMS.ac, or were there earlier ones?
    https://www.unitedstatescourts.org/federal/casd/335734/

    Oh! One of my favorite American laws, 39 U.S.C. § 3005. Guess who was accused of breaking it.
    https://web.archive.org/web/20010423...deci/err-1.htm

    Tangle with a copyright troll. This one doesn't show Mr. Pousti in a bad light, from what I can read of it.
    BWP Media USA Inc. et al v. Fanbox, Inc. et al

    I'm not sure what this one was actually about. Email spam, I would hazard a guess given the plaintiff.
    Daniel L. Balsam v. Sms.ac Inc. Dba Fanbox.com

    And if it helps anyone in understanding Fanbox's tactics, note the court case mentioned from Mr. Pousti's previous company:
    http://www.nasdaq.com/markets/ipos/c...inc-75393-2512
    http://www.sec.gov/Archives/edgar/co...-00-018644.txt

    And alleged fraud against the IRS & SSA was made by a commenter. Good luck trying to sue the Federal Trade Commission to get it taken down, Mr. Battin.
    http://www.consumer.ftc.gov/blog/get...ss-opportunity

    For that matter, your threat of having the realscam.com website suspended could get you in some hot water yourself. You see, there is a section of the site in which I have compiled and exposed evidence of criminal activities involving securities, theft by deception, tax evasion and tax fraud, pyramid schemes, and a bit more. None of it relates to your client Fanbox, Inc., but should you use the courts to shut this website down, you will have destroyed the evidence of crimes. Spoilation of Evidence, I believe the Wikipedia article that told me about the laws involved was titled.
    If you are in Prosper With Integrity, and do not like that your personal information has been published here, please talk to these good people: http://www.attorneygeneral.gov http://www.ic3.gov http://www.fbi.gov

  3. #53
    littleroundman is offline Administrator
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    re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    Quote Originally Posted by EagleOne View Post
    Me thinks that Mr. Battin is going to be very, very, very busy trying to shut down all the negative stuff on his client, but then as long as the check clears, he could care less.
    Should they decide to continue on their current course of action, it's highly likely Mr Battin and his Fanbox employers will discover just how counterproductive intimidatory lawyers letters can be in the modern, anti SLAPP era.

    SLAPP stands for Strategic Lawsuit Against Public Participation. A malicious or frivolous lawsuit that chills speech is the SLAPP; the statute employed against it is the anti SLAPP statute, and the motion under the statute is an ANTI SLAPP motion
    Especially when one takes into account the "Streisand Effect" which often follows such letters.

    Streisand effect
    From Wikipedia, the free encyclopedia

    The Streisand effect is the phenomenon whereby an attempt to hide, remove, or censor a piece of information has the unintended consequence of publicizing the information more widely, usually facilitated by the Internet.
    If Mr Battin and / or his Fanbox employers want to get this in front of a court (and the resulting media exposure) so they can explain how the thousands of complaints to be found online are inaccurate, so be it.
    The only thing necessary for the triumph of evil is for good men to do nothing

  4. #54
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    re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    Quote Originally Posted by littleroundman View Post
    Should they decide to continue on their current course of action, it's highly likely Mr Battin and his Fanbox employers will discover just how counterproductive intimidatory lawyers letters can be in the modern, anti SLAPP era.


    Especially when one takes into account the "Streisand Effect" which often follows such letters.



    If Mr Battin and / or his Fanbox employers want to get this in front of a court (and the resulting media exposure) so they can explain how the thousands of complaints to be found online are inaccurate, so be it.
    Wonder if Fanbox used the same email protocol to inform Battin that they had retained him as an attorney? "Mr Battin, you have earned $32,561.16 defending Fanbox against it detractors. Please scatter C & D letters to anyone and everyone that has made any derogatory comments about Fanbox. (Never mind whether those comments are true or not!)"
    It seems like in this "industry" common sense is not all that common!

  5. #55
    Fat City, LA's Avatar
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    re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    The old guy who was the "president" of fanbox was named Brian Woosley. He was a hero over there.

    His scams include social-intel.com , pathwise ads, and a few others. None were more than nickel and dimers.
    Just enough to never make it worth prosecution.

    Theres a small thread at moneymaker under get paid to, inactives

  6. #56
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    Remember that clown of an attorney for Fanbox???

    FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    The clown is back.

    Cease and Desist Letter (FanBox Scam or Legit)-edit (2).pdf

    Fanbox Scam Lawsuit.pdf

    Where do I start? The owners, administrators and moderators are not responsible for the postings of others. Fanbox cannot collect damages from this website or its owners. Federal law comes into play, not to mention jurisdictional issues. Good luck dragging people from all around the country and perhaps elsewhere into this ridiculous charade. And, as Fanbox is public entity and not a private individual the standards for libel are very high.

    California Defamation Law | Digital Media Law Project
    Public officials, all-purpose public figures, and limited-purpose public figures must prove that the defendant acted with actual malice, i.e., knowing that the statements were false or recklessly disregarding their falsity.
    Personal opinion and experiences will never meet the standard. There must be provably false statements of fact made with malice or knowledge of their falsity.

    I am not pulling this thread down. So, again I suggest the goons from Fanbox kindly pi$$ off.
    Last edited by Soapboxmom; 08-09-2015 at 09:30 AM.

  7. #57
    littleroundman is offline Administrator
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does





    Michael W Battin on the Navigato Battin Attorneys' navbat.com website



    Mike Battins' mikebattin profile on LinkedIn
    The only thing necessary for the triumph of evil is for good men to do nothing

  8. #58
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    1
    COMPLAINT

    Daniel J. Navigato, Esq. (SBN 164233)
    Michael W. Battin, Esq. (SBN 183870)
    Travis M. Bray, Esq. (SBN 235763)
    Stephanie J. Sciarani, Esq. (SBN 279760)
    NAVIGATO & BATTIN, LLP
    755 West A Street, Suite 150
    San Diego, California 92101
    Tel. (619) 233-5365
    Fax (619) 233-3268
    Attorneys for Plaintiff SMS.AC, INC.
    SUPERIOR COURT OF THE STATE OF CALIFORNIA
    FOR THE COUNTY OF SAN DIEGO – CENTRAL DIVISION
    UNLIMITED CIVIL
    SMS.AC, INC., a Delaware corporation
    Plaintiff,
    v.
    JOHN DOE and DOES 1 to 100,
    Defendants.
    CASE NO.:
    Judge:
    Dept.:
    COMPLAINT FOR:
    1. LIBEL
    2. BREACH OF CONTRACT
    3. INTERNATIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE
    Plaintiff SMS.AC, INC. ("Plaintiff") alleges as follows:
    I. PARTIES AND VENUE
    1. Plaintiff is, and at all times mentioned in this Complaint was, a corporation duly organized and existing under the laws of Delaware and qualified to do business under the laws of California. Plaintiff owns and operates the website www.fanbox.com.
    2. Defendants DOES 1 through 100, inclusive are sued under fictitious names. Their true names and capacities are unknown to Plaintiff. When their true names and capacities are ascertained,
    2
    COMPLAINT

    Plaintiff will amend this complaint by inserting their true names and capacities. Plaintiff is informed and believes and thereon alleges that each of the fictitiously named defendants is responsible in some manner for the injuries alleged in this Complaint, and that Plaintiff’s damages were proximately caused by those defendants.
    3. Plaintiff is informed and believes and thereon alleges that at all times herein, defendants and each of them, were the agents, representatives, partners, employees or principals for each other, and in doing the things hereinafter alleged, were acting within the scope of their authority as such agent, representative, partner, employee, or principal, and with the permission and consent of each of the other defendants or with their ratification.
    4. Venue is proper in that, upon information and belief, one or more Defendants resides in the County of San Diego. Venue is further proper in that the County of San Diego is the county in which the subject contract was entered into and in which it was to be performed.
    II. CAUSES OF ACTION
    FIRST CAUSE OF ACTION
    LIBEL
    [Against All Defendants]
    5. Plaintiff refers to and incorporates Paragraphs 1 through 4 as though fully set forth herein.
    6. At all times herein mentioned, SMS has enjoyed a good business reputation.
    7. However, numerous false and derogatory statements about SMS have been published by Defendants and/or republished by Defendants and/or foreseeably republished by third parties, on various websites, including but not limited to:
    a. Fanbox - Overworked, underpayed, never compensated | Glassdoor
    b. Fanbox - This company is notorious for changing their name to avoid their bad reputation, and angry customers. | Glassdoor
    c. Fanbox - Was Not a Good Experience | Glassdoor
    d. Fanbox - Horribly Unethical | Glassdoor
    e. Fanbox - It seemed ok, then the curtain was pulled back. | Glassdoor
    f. Fanbox - Any position at Fanbox | Glassdoor
    g. https://iscribbleanything.wordpress....is-back-again/
    3
    COMPLAINT

    h. Is Fanbox a scam? - Ways To Make Money Online
    i. The great fanbox scam. · Digital explorations
    j. FanBox: the latest in password scams - Steve Riley on Security - Site Home - TechNet Blogs
    k. Look a Virus!: How to Stop Receiving Fanbox Spam
    l. liteleaf: How to cashout. Is fanbox.com scam, spam, fraud or not? Do they pay for blogs? Questions, Answers.
    m. Fanbox scam. - International Skeptics Forum
    n. http://recreateyourfinances.com/fanbox-scam
    o. Fanbox Scam Review: What is Fanbox?
    8. Defendants' statements contain various untrue and defamatory assertions about SMS and refer directly to SMS or can be understood by those reading the statements, when read in conjunction with the entire posting that they pertain to SMS. Examples of Defendants' statements, include but are not limited to, the following:
    a. "[E]xtremely unprofessional working environment, unethical business practices, no work/life balance, cult like devotion required of all employees.";
    b. "Lawsuits lefts and right, company never ended up paying half of their employees, and terrible upper management.";
    c. "Definite unsavory practices.";
    d. "Highly unethical company that scams its customers and asks employees to join in on that";"Fanbox email scam is back…";
    e. "However, this is nothing but another way of Fanbox spammers to attract and lure gullible people.";
    f. "Fanbox tricks people into giving up their email addresses, passwords and cell phone numbers by offering earning opportunities. After taking all details from users, they spam them relentlessly along with everyone in the contact list as well.";
    g. "Looks like spammers have found yet another way to worm (ha ha) themselves into the computers of the unsuspecting.";
    h. "Fanbox is SPAM. They will phish your password and SPAM your friends.";
    4
    COMPLAINT

    i. "[P]roduct is more like a pyramid scheme.";
    j. "I have found a lot of complains [sic] all over the internet from different people that tal about fanbox being a spam engine that sends people lots of emails trying to make them sign up for a fanbox.com account.";
    k. "But what they [Fanbox] [does] with your data is anything but legitimate;"
    l. "I would stay away from fanbox! It is a scam and uses very deceptive tactics!";
    m. "This article now includes every [sic] information you'll ever need to battle Fanbox and to protect yourself from one of the sleaziest scam the internet has known."
    9. These statements are false. At all times relevant herein, Defendants knew them to be false and/or failed to use reasonable care to determine the truth or falsity of the statements.
    10. The statements made by Defendants are libelous on their face. They clearly injure SMS's business reputation, expose SMS to hatred, contempt, and ridicule and discourage others from associating or dealing with SMS because they charge SMS with committing criminal acts such as theft and fraud and they charge SMS with other improper and immoral conduct, including improper, unethical, and/or illegal business practices. Defendants' statements have caused SMS to be shunned and avoided by employees, vendors, investors and customers. SMS is informed and believes, and thereon alleges, that based upon these false statements, SMS's business reputation and goodwill have been damaged among its key business customers and contacts, vendors, financial investors, consultants and others who have seen Defendants' statements.
    11. The statements about SMS have been seen and read by individuals in and around the United States, including the State of California and the County of San Diego.
    12. The false statements made by Defendants have injured SMS in respect to SMS's profession, trade and business reputation by falsely claiming that SMS engages in improper, unethical, and/or illegal business practices. As a result of Defendants' actions, SMS has suffered damages in an amount not yet ascertained but, in any event, greater than $25,000.
    13. In doing the things herein alleged, Defendants acted willfully towards SMS, with malice, in conscious disregard of SMS's rights, and with intent to cause injury to SMS. SMS is therefore entitled
    5
    COMPLAINT

    to punitive or exemplary damages in an amount appropriate to punish Defendants and to deter Defendants and others from engaging in similar misconduct.
    SECOND CAUSE OF ACTION
    BREACH OF CONTRACT
    [Against All Defendants]
    14. Plaintiff refers to and incorporates Paragraphs 1 through 13 as fully set forth herein.
    15. On information and belief, Defendants, or some of them, are former employees of SMS.
    16. On information and belief, during the course of their employment with SMS, Defendants executed written "Nondisclosure, Confidentiality, and Innovations Assignment Agreements" ("Agreements") pursuant to which Defendants agreed "not to make any statements that disparage the Company or its respective affiliates, employees, officers, directors, products, or services."
    17. Defendants have breached their Agreements by publishing the above-referenced statements which state, for instance, that SMS engages in improper, unethical, and/or illegal business practices.
    18. As a direct and proximate result of Defendants' breaches, SMS has suffered damages in an amount to be determined at trial but in no event less than $25,000.
    THIRD CAUSE OF ACTION
    INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE
    [Against All Defendants]
    19. Plaintiff refers to and incorporates Paragraphs 1 through 18 as fully set forth herein.
    20. SMS had valid and existing business relationships with its customers and investors that were likely to result in economic benefit to SMS.
    21. Defendants knew of the relationship between SMS and its customers and investors.
    22. Defendants intentionally disrupted the relationship between SMS and its customers and investors by engaging in wrongful conduct described above including, among other things, publishing false statements that SMS engages in improper, unethical, and/or illegal business practices, wrongfully encouraging customers to terminate their accounts with SMS, and wrongfully warning investors not to invest money in SMS.
    6
    COMPLAINT

    23. The above wrongful conduct in fact disrupted the economic relationship between SMS and its customers and investors.
    24. As a proximate cause of Defendants' wrongful actions, SMS has suffered damages in an amount not yet ascertained but, in any event, greater than $25,000.
    25. SMS's remedy at law is not by itself sufficient to compensate SMS for the irreparable injuries inflicted and threatened by Defendants, and SMS is therefore entitled to injunctive relief prohibiting Defendants from continuing their unlawful actions.
    26. The aforementioned conduct of Defendants was malicious and oppressive conduct with the intention on the part of Defendants of thereby depriving SMS of profits, business, and/or legal rights and of otherwise causing injury, and was despicable conduct that subjected SMS to a cruel and unjust hardship in conscious disregard of SMS's rights, so as to justify an award of exemplary and punitive damages.
    WHEREFORE, Plaintiff respectfully requests the following relief:
    1. For damages, in an amount to be proven at trial but in no event less than $25,000.00;
    2. For an injunction restraining Defendants, their agents, servants, employees, and all persons acting in concert or participation with them from perpetuating the wrongful acts and conduct as set forth above;
    3. For an Order awarding Plaintiff punitive damages in a sum to be determined at trial, on the basis of Defendants' malicious conduct;
    4. For pre-judgment and post-judgment interest on all damages awarded;
    5. For reasonable attorney's fees and other reasonable costs of suit and expenses herein as may be permitted by law or statute;
    6. For such other and further relief as the court may deem proper.
    /////
    /////
    /////
    /////
    /////
    7
    COMPLAINT

    DATED: July 30, 2015
    NAVIGATO & BATTIN, LLP
    By:
    s/Michael W. Battin
    Michael W. Battin
    Attorneys for Plaintiff SMS.AC, INC.
    All BS and no meat! Half of the links the clown (Battin) lists are disgruntled employees sharing their experience. Unless there are provably false statements of fact then this clown has no case. Opinions are not generally actionable. He is hoping the filing will scare these folks and the website owners to cave in and remove what is perfectly acceptable free speech and necessary to protect the public. If he was so sure he had a case against Realscam, our valued posters and me, why didn't he just include us in the filing? Well....federal law that states the website owners and operators are not responsible for third party content, jurisdictional issues and the little problem he will have finding provably false statements of fact.

    Check out the highlighted paragraph. He talks about "with the permission and consent of each of the other defendants or with their ratification." The clown has a gigantic conspiracy theory brewing in his pea brain. Really????

    The clown states, "at all times herein mentioned, SMS has enjoyed a good business reputation." That sure is comedic gold! And, a fishy lawsuit like this is sure to do wonders for Fanbox's reputation and bottom line!

  9. #59
    Whip's Avatar
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    I note they also haven't included the BBB as they have negative reviews listed.

    Customer Reviews for FanBox - BBB serving San Diego, Orange and Imperial Counties
    Haven't lost any money to online scams.......results are typical.

  10. #60
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    I told the Fanbox goons to pi$$ off and here is why:

    Anti-SLAPP Law in California | Digital Media Law Project

    You can use California's anti-SLAPP statute to counter a SLAPP suit filed against you. The statute allows you to file a special motion to strike a complaint filed against you based on an "act in furtherance of [your] right of petition or free speech under the United States or California Constitution in connection with a public issue." Cal. Civ. Proc. Code § 425.16. If a court rules in your favor, it will dismiss the plaintiff's case early in the litigation and award you attorneys' fees and court costs......

    Not every unwelcome lawsuit is a SLAPP. In California, the term applies to lawsuits brought primarily to discourage speech about issues of public significance....
    1. any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest; or
    2. any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.....

      Protections for Personal Identifying Information Sought in a SLAPP suit

      In addition to providing a motion to strike, California law also allows a person whose identifying information is sought in connection with a claim arising from act in exercise of anonymous free speech rights to file a motion to quash -- that is, to void or modify the subpoena seeking your personal identifying information so you do not have to provide that information. Cal. Civ. Pro. Code § 1987.1....


      One of the benefits of the anti-SLAPP statute is that it enables you to get the SLAPP suit dismissed quickly. When you file a motion to strike, the clerk of the court will schedule a hearing on your motion within thirty days after filing. Additionally, once you file your motion, the plaintiff generally cannot engage in "discovery" -- that is, the plaintiff generally may not ask you to produce documents, sit for a deposition, or answer formal written questions, at least not without first getting permission from the court.
      In ruling on a motion to strike, a court will first consider whether you have established that the lawsuit arises out of a protected speech or petition activity (discussed above). Assuming you can show this, the court will then require the plaintiff to introduce evidence supporting the essential elements of its legal claim. Because a true SLAPP is not meant to succeed in court, but only to intimidate and harass, a plaintiff bringing such a lawsuit will not be able to make this showing, and the court will dismiss the case.....
    3. If you prevail on a motion to strike under California's anti-SLAPP statute, the court will dismiss the lawsuit against you, and you will be entitled to recover your attorneys' fees and court costs. See Cal. Civ. Proc. Code § 425.16(c).
      Additionally, if you win your motion to strike and believe that you can show that the plaintiff filed the lawsuit in order to harass or silence you rather than to resolve a legitimate legal claim, then consider filing a "SLAPPback" suit against your opponent. A "SLAPPback" is a lawsuit you can bring against the person who filed the SLAPP suit to recover compensatory and punitive damages for abuse of the legal process. See Cal. Civ. Proc. Code § 425.18 (setting out certain procedural rules for "SLAPPback" suits). Section 425.18 contemplates bringing a SLAPPback in a subsequent lawsuit after the original SLAPP has been dismissed, but you might be able to bring a SLAPPback as a counterclaim in the original lawsuit.
    Fanbox is not going to harasss this site into pulling down legitimate posts! RS and its fine members will not be silenced!

  11. #61
    laidback's Avatar
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    I wonder if this legal team of Dewey, Cheatem, and Howe bothered to explain to their client the possible defenses or counter-claims that could arise as a result of this action? They are obviously NOT acting on a contingency basis!!!
    Last edited by laidback; 08-17-2015 at 12:34 PM. Reason: typo
    It seems like in this "industry" common sense is not all that common!

  12. #62
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    Case Number Party Name Matches Opposing Party Case Location Case Type Date Filed
    37-2012-00090804-CU-BC-CTL SMS AC MBLOX INC San Diego Civil 01/17/2012
    37-2007-00067066-CU-BC-CTL SMS AC ENGEL, JERRY San Diego Civil 05/21/2007
    GIC874290 SMS AC INC LOCAL CONCEPT INC San Diego Civil 10/19/2006
    GIC828536 SMS AC INC CREALOGIX AG San Diego Civil 04/15/2004
    37-2015-00025687-CU-DF-CTL SMS AC INC DOE, JOHN San Diego Civil 07/31/2015
    37-2012-00092474-CU-EN-CTL SMS AC INC AEL FINANCIAL LLC San Diego Civil 01/17/2012
    37-2011-00096972-CU-DF-CTL SMS AC INC DOE, JOHN San Diego Civil 08/26/2011
    37-2011-00094627-CL-EN-CTL SMS AC INC MCDOUGLE, EDMUND C San Diego Civil 07/18/2011
    37-2011-00087911-CL-EN-CTL SMS AC INC ORME, CARSON DANCE San Diego Civil 03/21/2011
    37-2011-00084662-CU-BT-CTL SMS AC INC MANDENGUE, VICTORINE San Diego Civil 01/28/2011
    37-2010-00104192-CL-EN-CTL SMS AC INC DECTOR, BREEANN San Diego Civil 11/12/2010
    37-2010-00103792-CU-EN-CTL SMS AC INC WONG, CLAYTON San Diego Civil 11/05/2010
    37-2010-00101242-CL-EN-CTL SMS AC INC SESSION, JARED San Diego Civil 09/28/2010
    37-2010-00098799-CU-OE-CTL SMS AC INC ROSE, CHRISTOPHER San Diego Civil 08/24/2010
    37-2010-00097892-CL-BC-CTL SMS AC INC YANG, ELISE San Diego Civil 08/13/2010
    37-2010-00097671-CU-BC-CTL SMS AC INC LIN, ALBERT San Diego Civil 03/22/2010
    37-2010-00097583-CU-PT-CTL SMS AC INC ABBEY, MACY San Diego Civil 08/10/2010
    37-2010-00094963-CL-EN-CTL SMS AC INC LUEHRS, ADAM San Diego Civil 06/23/2010
    37-2009-00097857-CU-BC-CTL SMS AC INC GLOBAL PERSONALS LLC San Diego Civil 09/04/2009
    37-2009-00091800-CU-BC-CTL SMS AC INC CONNEXION SYSTEMS & ENGINEERING INC San Diego Civil 06/15/2009
    37-2008-00086226-CU-OE-CTL SMS AC INC SAPORITO, MATT San Diego Civil 06/23/2008
    37-2007-00073092-CU-JR-CTL SMS AC INC SADAT, MIR NEMATULLAH San Diego Civil 08/15/2007
    37-2014-00019145-CU-CL-CTL SMS AC, INC EQUINIX, INC San Diego Civil 06/12/2014

    The Fanbox goons have sure been spending a great deal of time in court!

  13. #63
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    LOL, it looks like they've clogged civil docket with their crap suits. Maybe their attorney is giving them a quantity discount...? Notice that the they are defendants in the majority of the cases...!
    Last edited by laidback; 08-20-2015 at 10:42 AM. Reason: added info
    It seems like in this "industry" common sense is not all that common!

  14. #64
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    1 08/26/2011 Complaint filed by SMS AC INC.
    Refers to: Doe, John
    SMS AC INC (Plaintiff)
    10 10/04/2011 Notice of Motion and Supporting Declarations filed by SMS AC INC.
    Refers to: Doe, John
    SMS AC INC (Plaintiff)
    11 10/18/2011 Ex Parte Application - Other and Supporting Documents (DECLARATION OF ADAM J YARBROUGH , EXPARTE FOR ORDER SHORTENING TIME FOR MOTION FOR EXPEDITED DISCOVERY) filed by SMS AC INC. SMS AC INC (Plaintiff)
    14 10/19/2011 The Motion to Hear Discovery Motion on Expidited Basis was granted .
    15 10/19/2011 Motion Hearing (Civil) continued pursuant to party's motion to 11/04/2011 at 10:30AM before Judge Judith F. Hayes.
    16 10/19/2011 Minutes finalized for Ex Parte heard 10/19/2011 08:45:00 AM. Minute Order
    17 11/03/2011 Tentative Ruling for Motion Hearing (Civil) published.
    18 11/04/2011 Declaration - Other (1ST CERTIFICATE OF PROGRESS FOR MORE TIME TO SERVE GRANTED UNTIL 02/01/2012) filed by SMS AC INC. SMS AC INC (Plaintiff)
    19 11/07/2011 OSC - Failure to File Certificate of Service scheduled for 02/03/2012 at 10:00:00 AM at Central in C-68 Judith F. Hayes.
    2 08/26/2011 Original Summons filed by SMS AC INC.
    Refers to: Doe, John
    SMS AC INC (Plaintiff)
    20 11/04/2011 Minutes finalized for Motion Hearing (Civil) heard 11/04/2011 10:30:00 AM. Minute Order
    21 11/10/2011 Order After Hearing filed by SMS AC INC. SMS AC INC (Plaintiff)
    22 12/01/2011 Request for Out of State Commission submitted by SMS AC INC rejected on 12/01/2011. SMS AC INC (Plaintiff) Notice to Filing Party SD
    23 12/05/2011 Request for Out of State Commission (GRANTED 12/09/11) filed by SMS AC INC. SMS AC INC (Plaintiff)
    24 12/14/2011 Request for Out of State Commission (Re: SoftLayer Technologies, Inc.;) filed by SMS AC INC. SMS AC INC (Plaintiff)
    25 12/14/2011 Request for Out of State Commission (Re: Rackspace US, Inc.) filed by SMS AC INC. SMS AC INC (Plaintiff)
    26 12/14/2011 Request for Out of State Commission (Re: Amazon.com Legal Dept.) filed by SMS AC INC. SMS AC INC (Plaintiff)
    27 12/19/2011 Order - Other (Order to Take Depo. Outside Calif.-Re: SoftLayer Technolgies, Inc.) filed by The Superior Court of San Diego. SMS AC INC (Plaintiff)
    28 12/19/2011 Order - Other (Order to Take Depo. Outside California-Re: Rackspace US, Inc.) filed by SMS AC INC. SMS AC INC (Plaintiff)
    29 12/19/2011 Order - Other (For Commission to Take Depo. Outside Calif.-Re: Amazon.com Legal Dept.) filed by SMS AC INC. SMS AC INC (Plaintiff)

    3 08/26/2011 Civil Case Cover Sheet filed by SMS AC INC.
    Refers to: Doe, John
    SMS AC INC (Plaintiff)
    30 01/18/2012 Request for Out of State Commission filed by SMS AC INC. SMS AC INC (Plaintiff)
    31 02/01/2012 Declaration - Other (2nd Certificate of Progress for more time to serve GRANTED until 3/30/12) filed by SMS AC INC.
    Refers to: Doe, John
    SMS AC INC (Plaintiff)
    32 02/02/2012 The OSC - Failure to File Certificate of Service was rescheduled to 03/30/2012 at 10:00:00 AM in C-68 before Judith F. Hayes at Central. Notice of Rescheduled Hearing SD
    33 02/02/2012 OSC - Failure to File Certificate of Service scheduled for 03/30/2012 at 10:00:00 AM at Central in C-68 Judith F. Hayes.
    34 03/09/2012 The OSC - Failure to File Certificate of Service was rescheduled to 04/13/2012 at 10:00:00 AM in C-68 before Judith F. Hayes at Central.
    35 03/09/2012 OSC - Failure to File Certificate of Service scheduled for 04/13/2012 at 10:00:00 AM at Central in C-68 Judith F. Hayes.
    36 03/09/2012 Civil Case Management Conference scheduled for 05/04/2012 at 10:00:00 AM at Central in C-68 Judith F. Hayes. Notice of Hearing SD
    37 03/09/2012 OSC - Failure to Request Entry of Default scheduled for 05/04/2012 at 10:00:00 AM at Central in C-68 Judith F. Hayes. Notice of Hearing SD
    38 03/27/2012 The OSC - Failure to Request Entry of Default was rescheduled to 06/22/2012 at 09:30:00 AM in C-68 before Judith F. Hayes at Central. Notice of Rescheduled Hearing SD
    39 03/27/2012 OSC - Failure to Request Entry of Default scheduled for 06/22/2012 at 09:30:00 AM at Central in C-68 Judith F. Hayes.
    4 08/26/2011 Summons issued.
    40 03/27/2012 The Civil Case Management Conference was rescheduled to 06/22/2012 at 09:30:00 AM in C-68 before Judith F. Hayes at Central. Notice of Rescheduled Hearing SD
    41 03/27/2012 Civil Case Management Conference scheduled for 06/22/2012 at 09:30:00 AM at Central in C-68 Judith F. Hayes.
    42 04/12/2012 The OSC - Failure to File Certificate of Service was rescheduled to 04/20/2012 at 10:00:00 AM in C-68 before Judith F. Hayes at Central. Notice of Rescheduled Hearing SD
    43 04/12/2012 OSC - Failure to File Certificate of Service scheduled for 04/20/2012 at 10:00:00 AM at Central in C-68 Judith F. Hayes.
    44 04/04/2012 Certificate of Progress: Inability to Serve (Granted to 05-31-12) filed by SMS AC INC. SMS AC INC (Plaintiff)
    45 04/16/2012 OSC - Failure to File Certificate of Service scheduled for 04/20/2012 at 10:00:00 AM at Central in C-68 Judith F. Hayes was vacated.
    46 05/29/2012 Certificate of Progress: Inability to Serve (4TH REQUEST / DATE OF EXPIRATION: 06/22/12) filed by SMS AC INC. SMS AC INC (Plaintiff)
    47 06/07/2012 Case Management Statement filed by SMS AC INC. SMS AC INC (Plaintiff)

    30 01/18/2012 Request for Out of State Commission filed by SMS AC INC. SMS AC INC (Plaintiff)
    31 02/01/2012 Declaration - Other (2nd Certificate of Progress for more time to serve GRANTED until 3/30/12) filed by SMS AC INC.
    Refers to: Doe, John
    SMS AC INC (Plaintiff)
    33 02/02/2012 OSC - Failure to File Certificate of Service scheduled for 03/30/2012 at 10:00:00 AM at Central in C-68 Judith F. Hayes.
    32 02/02/2012 The OSC - Failure to File Certificate of Service was rescheduled to 03/30/2012 at 10:00:00 AM in C-68 before Judith F. Hayes at Central. Notice of Rescheduled Hearing SD
    37 03/09/2012 OSC - Failure to Request Entry of Default scheduled for 05/04/2012 at 10:00:00 AM at Central in C-68 Judith F. Hayes. Notice of Hearing SD
    36 03/09/2012 Civil Case Management Conference scheduled for 05/04/2012 at 10:00:00 AM at Central in C-68 Judith F. Hayes. Notice of Hearing SD
    35 03/09/2012 OSC - Failure to File Certificate of Service scheduled for 04/13/2012 at 10:00:00 AM at Central in C-68 Judith F. Hayes.
    34 03/09/2012 The OSC - Failure to File Certificate of Service was rescheduled to 04/13/2012 at 10:00:00 AM in C-68 before Judith F. Hayes at Central.
    41 03/27/2012 Civil Case Management Conference scheduled for 06/22/2012 at 09:30:00 AM at Central in C-68 Judith F. Hayes.
    40 03/27/2012 The Civil Case Management Conference was rescheduled to 06/22/2012 at 09:30:00 AM in C-68 before Judith F. Hayes at Central. Notice of Rescheduled Hearing SD
    39 03/27/2012 OSC - Failure to Request Entry of Default scheduled for 06/22/2012 at 09:30:00 AM at Central in C-68 Judith F. Hayes.
    38 03/27/2012 The OSC - Failure to Request Entry of Default was rescheduled to 06/22/2012 at 09:30:00 AM in C-68 before Judith F. Hayes at Central. Notice of Rescheduled Hearing SD
    44 04/04/2012 Certificate of Progress: Inability to Serve (Granted to 05-31-12) filed by SMS AC INC. SMS AC INC (Plaintiff)
    43 04/12/2012 OSC - Failure to File Certificate of Service scheduled for 04/20/2012 at 10:00:00 AM at Central in C-68 Judith F. Hayes.
    42 04/12/2012 The OSC - Failure to File Certificate of Service was rescheduled to 04/20/2012 at 10:00:00 AM in C-68 before Judith F. Hayes at Central. Notice of Rescheduled Hearing SD
    45 04/16/2012 OSC - Failure to File Certificate of Service scheduled for 04/20/2012 at 10:00:00 AM at Central in C-68 Judith F. Hayes was vacated.
    46 05/29/2012 Certificate of Progress: Inability to Serve (4TH REQUEST / DATE OF EXPIRATION: 06/22/12) filed by SMS AC INC. SMS AC INC (Plaintiff)
    47 06/07/2012 Case Management Statement filed by SMS AC INC. SMS AC INC (Plaintiff)
    48 06/20/2012 OSC - Failure to File Certificate of Service scheduled for 06/22/2012 at 10:00:00 AM at Central in C-68 Judith F. Hayes.
    56 06/22/2012 Notice of Dismissal by Court SD generated.

    Notice of Dismissal by Court SD

    View Case Detail

    Case Title: SMS AC INC VS. JOHN DOE
    Case Number: 37-2011-00096972-CU-DF-CTL Case Location: San Diego
    Case Type: Civil Date Filed: 08/26/2011
    Category: CU-DFM Defamation

    Plaintiff/Petitioner
    Last Name or Business Name First Name Primary (P)
    SMS AC INC P

    Defendant/Respondent
    Last Name or Business Name First Name Primary (P)
    DOE JOHN P

    Imaged Case
    This case has not been imaged.

    Microfilm
    Microfilm ID Location Reel Number Frame Number
    This case has not been microfilmed.

    Case Number: 37-2011-00096972-CU-DF-CTL Date Filed: 08/26/2011
    Case Title: SMS AC INC vs. John Doe Case Status: Dismissed
    Case Category: Civil - Unlimited Location: Central
    Case Type: Defamation Judicial Officer: Judith F. Hayes
    Case Age: 301 days Department: C-68
    Future Events
    Event Date Event Time Location Event Type
    No future events

    pppp



    Participants
    Name Role Representation
    Doe, John Defendant
    SMS AC INC Plaintiff Yarbrough, Adam J

    pp1pp



    Representation
    Name Address Phone Number
    YARBROUGH, ADAM J NAVIGATO & BATTIN LLP 755 W A Street 150 San Diego CA 92101 (619) 233-5365, (619) 233-3268

    pp1pp


    The Fanbox goons using the same lawfirm have hassled bloggers before and the court finally dismissed the buffoons after months of BS.

  15. #65
    Soapboxmom's Avatar
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    Register of Actions (ROA)

    Case Information
    Case Number: 37-2015-00025687-CU-DF-CTL Date Filed: 07/31/2015
    Case Title: SMS AC Inc vs. Doe [IMAGED] Case Status: Pending
    Case Category: Civil - Unlimited Location: Central
    Case Type: Defamation Judicial Officer: Eddie C Sturgeon
    Case Age: 29 days Department: C-67


    Future Events
    Event Date Event Time Location Event Type
    04/01/2016 10:30 AM C-67 Civil Case Management Conference - Complaint

    pp1pp



    Participants
    Name Role Representation
    Doe, John Defendant
    SMS AC INC Plaintiff Battin, Michael W

    pp1pp



    Representation
    Name Address Phone Number
    BATTIN, MICHAEL W 755 West A 150 San Diego CA 92101

    pp1pp



    Register of Actions



    pp1pp
    ROA# Entry Date Short/Long Entry Filed By Document Cart
    7 08/03/2015 Case initiation form printed. Notice of Case Assignment SD

    6 08/03/2015 Civil Case Management Conference scheduled for 04/01/2016 at 10:30:00 AM at Central in C-67 Eddie C Sturgeon.
    5 07/31/2015 Case assigned to Judicial Officer Sturgeon, Eddie.
    4 08/03/2015 Summons issued.
    3 07/31/2015 Original Summons filed by SMS AC INC.
    Refers to: Doe, John
    SMS AC INC (Plaintiff) Original Summons
    2 07/31/2015 Civil Case Cover Sheet filed by SMS AC INC.
    Refers to: Doe, John
    SMS AC INC (Plaintiff) Civil Case Cover Sheet
    1 07/31/2015 Complaint filed by SMS AC INC.
    Refers to: Doe, John
    SMS AC INC (Plaintiff) Complaint
    pp1p
    Absolutely nothing happening. No additional defendants. What a sickening filing. Harassing ex-employees and bloggers trying to protect the public, really? I will make sure the filings go up so the court of public opinion can decide about this scummy deal!

  16. #66
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    The Fanbox bull run at its detractors continues. The goon of an attorney filed this:

    Fanbox 37-2015-00025687-CU-DF-CTL_ROA-9_09-09-15_Ex_Parte_Application_Other_and_Supporting_Docum.pdf

    The Fanbox attorney is demanding expedited discovery on www.wordpress.com , www.blogspot.com, and Glassdoor – Get Hired. Love Your Job.. I am outraged that Fanbox is trying to silence legitimate critics. These sites need to fight back and these commenters need to go comment on a million more sites and make it known that they will never be silenced.

    I made a witchy comment quoted on page 69:

    Heather Aug 9, 2015. 8:31:00AM

    The Fanbox goon of an attorney has listed this site in a screwball lawsuit designed to silence legitimate critics. Don't be intimidated by these tactics!
    There.....that should save the goon patrol a lot of work! They will have no luck shutting up the fine folks here!

  17. #67
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    About 12,000 results (0.44 seconds)





    Search Results

    Fanbox Scam Review
    12,000 results with dozens of sites with scathing reviews and commentary. Hundreds of former employees, victims and consumer advocates have spoken out. The goon of an attorney is putting a butterfly bandage on a gaping and ever opening wound. There is no way he can stop the truth from being brought out.

    The its only a flesh wound and none shall post theory fails every time:

  18. #68
    Soapboxmom's Avatar
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    http://abc13.com/archive/9439359/

    Fanbox has scathing reviews across the net. The goon attorney is fighting a totally losing battle trying to silence legitimate critics!

  19. #69
    commando_d7 is offline Junior Member
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    Quote Originally Posted by Soapboxmom View Post
    http://abc13.com/archive/9439359/

    Fanbox has scathing reviews across the net. The goon attorney is fighting a totally losing battle trying to silence legitimate critics!
    "Don't Cheat Me" Peoples Help Class Action Lawsuit

    This Class Action Lawsuit is for victims who have lost money in work from home scams - make 100s of dollars a day, make 1000s of dollars a month, make $100,000 a year scams; but you haven't made anything. You've just lost your money that you paid.
    If you want to stay updated about the progress of this class action lawsuit to get paid your money back; send us an email at: ec_progress@aol.com

  20. #70
    ribshaw's Avatar
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    Quote Originally Posted by commando_d7 View Post
    "Don't Cheat Me" Peoples Help Class Action Lawsuit

    This Class Action Lawsuit is for victims who have lost money in work from home scams - make 100s of dollars a day, make 1000s of dollars a month, make $100,000 a year scams; but you haven't made anything. You've just lost your money that you paid.
    If you want to stay updated about the progress of this class action lawsuit to get paid your money back; send us an email at: ec_progress@aol.com


    Can you explain your role and EXACTLY how the service Topclassactions site you are promoting works? More specifically why aren't you using the official contact email questions@topclassactions.com?



    This was posted on your Facebook Page...

    do gooder 1.JPG

    The website authorized by the Court, https://www.libertytaxsettlement.com/ and is supervised by counsel and controlled by Heffler Claims, the Settlement Administrator approved by the Court. This is the only authorized website for this case.

    For more information please call (844) 271-4786




    I pulled the Sprint and Verizon sites from this link Deadline to cash in on Sprint and Verizon refund is December 31st | KFOR.com, any interested parties will want to make certain the journalist listed official sites.


    do gooder 2.JPG

    https://www.sprintrefundpsms.com/Home.aspx

    Verizon.JPG

    Verizon Wireless Premium SMS Refund Program

    do gooder.JPG


    ================================================== =================


    is topclassactions.com a scam or legit | topclassactions.com trust reviews |check topclassactions.com for fraud and risk | is topclassactions.com safe or fake



    Scam or real? Unsolicited check arrives in Valley mailboxes - ABC15 Arizona

    https://www.facebook.com/topclassactions

    15414 S 24th St
    Phoenix, Arizona
    1-855-4-PLAINTIFF (1-855-475-2468)
    questions@topclassactions.com

    ================================================== =================

    I will wait your response, but would caution any readers that my suspicion is you are playing on a real company's name and running some version of OCC: Advance Fee Fraud

    do gooder3.JPG

    "Get paid your money back" sounds like you have a Nigerian Prince writing ad copy when not busy sharing his booty with lucky Americans.

    http://topclassactions.com/start-a-class-action/ Doesn't read anything like what you just said.
    Last edited by ribshaw; 12-30-2015 at 06:35 PM.
    "It's virtually impossible to violate rules ... but it's impossible for a violation to go undetected, certainly not for a considerable period of time." Bernie Madoff
    https://www.facebook.com/pages/Scam-...98399986981403

  21. #71
    commando_d7 is offline Junior Member
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    Fellow ambitious peoples, we've all wanted to make wealthy money "from home".

    Unfortunately, there's that very fine print at the bottom of the page that justifies taking our money, and we never earn a profit.

    We're filing "Don't Cheat Me" Peoples Help class action lawsuit
    Get at least some of your money back.
    email: ec_progress@aol.com if you want to get your money back.

  22. #72
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    This is the response I got back from TopClassAction.


    Hi Jack,

    I would not trust that email address. We cannot verify it is legit, though I can verify that it is not one of our emails, yet the woman is using our article link.

    There is also a handy FREE account feature on our website for viewers now. This account will allow you to receive instant, free updates on ANY article that you 'Favorite' on our website. That 'Favorite' will be saved to your account and you can access it whenever you'd like, including to check all new updates! A link to creating an account may be found here: Sign Up - Top Class Actions.

    Please let me know if you have any further questions.

    Shawn - TCA Staff
    "It's virtually impossible to violate rules ... but it's impossible for a violation to go undetected, certainly not for a considerable period of time." Bernie Madoff
    https://www.facebook.com/pages/Scam-...98399986981403

  23. #73
    ribshaw's Avatar
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    "It's virtually impossible to violate rules ... but it's impossible for a violation to go undetected, certainly not for a considerable period of time." Bernie Madoff
    https://www.facebook.com/pages/Scam-...98399986981403

  24. #74
    littleroundman is offline Administrator
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    Quote Originally Posted by ribshaw View Post
    Can you explain your role and EXACTLY how the service Topclassactions site you are promoting works? More specifically why aren't you using the official contact email questions@topclassactions.com?

    "Get paid your money back" sounds like you have a Nigerian Prince writing ad copy when not busy sharing his booty with lucky Americans.

    Start a Class Action - Top Class Actions Doesn't read anything like what you just said.
    Says it all, really, doesn't it ??



    STAY AWAY
    The only thing necessary for the triumph of evil is for good men to do nothing

  25. #75
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    Re: FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

    From: stiff.d8 [mailto:commando_d7@yahoo.com]
    Sent: Tuesday, December 29, 2015 2:31 PM
    To: soapboxmom@hotmail.com
    Subject: I need help

    I was so happy to find your thread fanbox.com scams. I got that cease and desist warning too. I made some comments on forums and websites but they are 100% true. That is, Fanbox has(is) tricking me out of money I’ve paid.

    But, the past week, I’ve done intense research on class action lawsuits. Surprisingly, the lawyers will initiate a lawsuit for a group of victims for no pay if they think the victims have a good case.

    We need to get going before the date of this John Doe case hearing. We might win a lawsuit settlement and get that John Doe case dismissed. I have contact info on all the pertinent lawyers.

    What I need from forums and websites that allow comments is to let me make comments to inform your readers that we are carrying out the class action lawsuit and we want them to join in if they have been victims.

    I would appreciate your response and advice. I see you aren’t afraid of Fanbox’s legal threats. My internet name is commando_d7
    Where is the help for those victimized by Fanbox?

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