Here's my response to Jones Day's email and phone call alerting me to a pending Subpoena involving their client Experian -and their ongoing lawsuit against LifeLock. For my additional comments on this latest turn of events, and links to various noted articles, please read the Sun-Sentinel Newspaper's Editorial Blog; South Florida Talks Back!
MY RESPONSE to their follow up email to me -asking if they could email me a subpoena -rather then formally serving me via a process server.
Attorney XXXXXXXX,
As I relayed in yesterday's phone call, if you insist on sending me a subpoena for my electronic communications, for a number of reasons, I prefer you to do so formally -none of which I feel I need to justify here.
I vehemently oppose being dragged into this corporate lawsuit between two mega corporations when I am a non-interest party that has nothing whatsoever to do with it. Nor do I have any such email that could possibly help or harm your client Experian --or LifeLock for that matter.
As I previously stated in our phone conversation, I feel the subpoena is far more about knowingly, maliciously and willfully bullying me -than it is about finding Discovery for your LifeLock lawsuit -a suit reportedly brought about by Experian to stop LifeLock from placing fraud alerts on behalf of consumers. Obviously, I have no connection to this suit and no place being involved in it.
When I asked during yesterday's conversation, why in the world you believe my communications were at all relative to your lawsuit, you stated " we have reason to believe someone from LifeLock has been ghost writing your articles". As I insisted then, and will continue to adamantly do so, that claim is not only 100% false -but Experian well knows, I have been writing about consumer protection issues for 15+ years, long before LifeLock existed and long before Experian's lawsuit was filed. I write about issues and topics I am passionate about -it's really that simple. Anyone who knows me -will tell you the same.
I must ask though, since you theorize LifeLock "ghost writes" my articles, who then would you suggest take the blame (or credit) for the vast amount of articles that include topics such as predatory lending, binding arbitration, credit card practices, debt collection abuses, mortgage servicing, lender errors, payday lending, scams, consumer protection, etc., etc. -all which have nothing to do with LifeLock?
I am not a party to this lawsuit nor should I be harmed by it. I am simply a passionate consumer advocate who has a strong desire to educate and empower consumers through raising awareness to consumer protection and their rights. My blogs are based on my views, and often highlight topics in the news and include an array of stories that consumers share with me on a regular basis.
I believe that if invasion of privacy and knowing corporate harassment through the use of our justice system is ever behavior deemed acceptable, it would set a chilling precedent. Consumers who reach out to me have an absolute right to expect privacy -as do I.
As such I intend to seek any and all available legal avenues and remedies to protect my rights and the rights of other innocent consumers who may be dragged into a corporate lawsuit without cause or justification. Though I understand Experian is a multi-billion dollar UK company, they must still abide by the laws of the United States. And in America we have freedom of speech, rights to privacy -and the absolute right to be left alone free of harassment.
Denise Richardson
On another note:
National Consumer Empowerment Conference & Town Hall
November 21, 2009 Save the date!
Stay tuned for details on an upcoming Consumer Empowerment Conference and Town Hall event November 21st here in South Florida.
The event, the first of its kind is designed to unite consumers with their advocates!
All consumer related financial topics will be covered.
I will be co-hosting the event with Americans For Fairness in Lending (affil.org) and more details will follow soon.
For more info as it comes available email me your contact information and we will send details as they are confirmed.
But for now SAVE THE DATE and watch for details!
MY RESPONSE to their follow up email to me -asking if they could email me a subpoena -rather then formally serving me via a process server.
Attorney XXXXXXXX,
As I relayed in yesterday's phone call, if you insist on sending me a subpoena for my electronic communications, for a number of reasons, I prefer you to do so formally -none of which I feel I need to justify here.
I vehemently oppose being dragged into this corporate lawsuit between two mega corporations when I am a non-interest party that has nothing whatsoever to do with it. Nor do I have any such email that could possibly help or harm your client Experian --or LifeLock for that matter.
As I previously stated in our phone conversation, I feel the subpoena is far more about knowingly, maliciously and willfully bullying me -than it is about finding Discovery for your LifeLock lawsuit -a suit reportedly brought about by Experian to stop LifeLock from placing fraud alerts on behalf of consumers. Obviously, I have no connection to this suit and no place being involved in it.
When I asked during yesterday's conversation, why in the world you believe my communications were at all relative to your lawsuit, you stated " we have reason to believe someone from LifeLock has been ghost writing your articles". As I insisted then, and will continue to adamantly do so, that claim is not only 100% false -but Experian well knows, I have been writing about consumer protection issues for 15+ years, long before LifeLock existed and long before Experian's lawsuit was filed. I write about issues and topics I am passionate about -it's really that simple. Anyone who knows me -will tell you the same.
I must ask though, since you theorize LifeLock "ghost writes" my articles, who then would you suggest take the blame (or credit) for the vast amount of articles that include topics such as predatory lending, binding arbitration, credit card practices, debt collection abuses, mortgage servicing, lender errors, payday lending, scams, consumer protection, etc., etc. -all which have nothing to do with LifeLock?
I am not a party to this lawsuit nor should I be harmed by it. I am simply a passionate consumer advocate who has a strong desire to educate and empower consumers through raising awareness to consumer protection and their rights. My blogs are based on my views, and often highlight topics in the news and include an array of stories that consumers share with me on a regular basis.
I believe that if invasion of privacy and knowing corporate harassment through the use of our justice system is ever behavior deemed acceptable, it would set a chilling precedent. Consumers who reach out to me have an absolute right to expect privacy -as do I.
As such I intend to seek any and all available legal avenues and remedies to protect my rights and the rights of other innocent consumers who may be dragged into a corporate lawsuit without cause or justification. Though I understand Experian is a multi-billion dollar UK company, they must still abide by the laws of the United States. And in America we have freedom of speech, rights to privacy -and the absolute right to be left alone free of harassment.
Denise Richardson
On another note:
National Consumer Empowerment Conference & Town Hall
November 21, 2009 Save the date!
Stay tuned for details on an upcoming Consumer Empowerment Conference and Town Hall event November 21st here in South Florida.
The event, the first of its kind is designed to unite consumers with their advocates!
All consumer related financial topics will be covered.
I will be co-hosting the event with Americans For Fairness in Lending (affil.org) and more details will follow soon.
For more info as it comes available email me your contact information and we will send details as they are confirmed.
But for now SAVE THE DATE and watch for details!
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Thanks for posting about this, I would love to read more about this topic.
Read your blog. Great Job Denise!! Nothing like seeing those big Co's get intimidated by a little blogging, eh?
If they do send you a formal subpoena, file a motion with the court to "quash" or limit the subpoena served. It is fairly simple to do, any attorney can file one, or you can do it yourself.
To define "quash", is to annul, set aside, quell, suppress. Any judge would rule in your favor since their discovery is non-specific and they are pretty much shooting in the dark to get they don't know what. You stand your ground. It seems to me, they are just afraid of what they don't know. That is why we cannot allow anyone to start regulating the internet. It is the last real uncensored medium to freely express ourselves as human beings that we have left.
Blog On America!!
Denise hold your head high. This is nothing more than a SLAPP suit.
A Strategic Lawsuit Against Public Participation ("SLAPP") is a lawsuit that is intended to intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Winning the lawsuit is not necessarily the intent of the person filing the SLAPP. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. A SLAPP may also intimidate others from participating in the debate. From Wiki
You are a smart lady Denise!!!!!!!!!!
This is a modern day David vs Goliath if I ever heard one. Turn these sour lemons into lemonade. This should be a movie of the week or Lifetime original movie. Many of us can surely relate to all what you have been through. Denise you are our Norma Rae. Know that God always blesses those with a pure heart. Keep the faith Denise.
Give them nothing. They have no right to solicit getting your personal information. Just another case of the big corporate giants picking on the little guy.
Blog away as it is your right!
Holy cow Denise - it just never stops for you does it? I've always considered you my personal hero for having the courage to fight these battles for all of us and I'm so glad to see you standing up against the bullying once again. Keep fighting to good fight! I, for one, am rooting for you all the way! If I can do anything to help, don't hesitate to let me know!
Your friend,
Denise,
Stick to your guns, I've had Corporate America and the UK all target my company as well.
David and Goliath? Perhaps, but we need more Davids in this world.
I stumbled onto your blog and think it's awesome! you are an inspiration. Keep bringing it, your blog has and immense amount of value to me. Thank you.