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Complaints Bureau Legal Information

 

Because Complaints Bureau is exempt from liability under the CDA for defamation-based and related claims, any suit that seeks to impose liability for the speech of our users is, by definition, an action brought “without probable cause”. We strongly recommend the prompt and fair resolution of disputes between Complaints Bureau authors and those who are the subject of Complaints Bureau . However, Complaints Bureau wants to make it clear that it accepts no liability for the speech of its users, and it will vigorously defend any litigation brought against us which seeks to circumvent the CDA. In addition, any suit filed against us without probable cause may subject the complaining party and/or their attorneys to liability in the State of Ohio for wrongful use of civil proceedings. We don’t mean to sound uncaring, but if you knowingly file a frivolous lawsuit against us, regardless of where your case is filed, you and/or your lawyers can be subject to a lawsuit in Ohio in which a jury could, if appropriate, award both substantial compensatory and punitive damages against you.

 

Finally, you need to be aware that if you file a lawsuit only to harass us, not only will this not work, it will very likely end up being VERY expensive for you. Due to the number of frivolous cases we have had to defend, Complaints Bureau has adopted a very strict policy about lawsuits. Once Complaints Bureau is forced to appear in a court case, it will not consider a dismissal of the case, unless the party who filed the action agrees to pay Complaints Bureau’s legal costs and attorney fees. There will be no exceptions. If you conduct a thorough investigation BEFORE you sue and you believe you have a valid case, despite the CDA, it is your right to pursue your case and prove it in court. However, once you file a lawsuit, be prepared to either take it all the way to a decision on the merits or pay Complaints Bureau’s legal fees, because Complaints Bureau will not accept a dismissal,with or without prejudice, without compensation.

 

Even though  a case might make it to court, this doesn’t mean that any material will ever be removed from a website. What is a guarantee is the fact that you will have to pay not only your own legal costs, but, also the total costs that you have caused Complaints Bureau to suffer, because of your action. As to the question of whether or not a legal action against Complaints Bureau will lead to the removal of material from the website. The answer is ultimately NO. This is primarily because of the CDA laws and basically because Complaints Bureau IS NOT RESPONSIBLE FOR THIRD PARTY ACTIONS-in any and every event and case. So, even though someone might win a judgement against Complaints Bureau, this can and will NEVER guarantee that something will be removed from Complaints Bureau.

 

Under federal law (Section 230 of the Communications Decency Act) ComplaintsBureau.com is not legally responsible for the information posted by the third parties, even if the posted information contains remarks that are defamatory.

For more information on laws limiting the liability of websites like ComplaintsBureau.com from written remarks posted on its site by third parties, please visit these websites:

 

http://en.wikipedia.org/wiki/Section_230_of_the_Communications_Decency_Act

 

http://en.wikipedia.org/wiki/Barrett_v._Rosenthal

 

http://www.casp.net/index.html

 

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/uscircs/4th/971523p.html

 

http://en.wikipedia.org/wiki/Fair_use


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