wa state ag complaint - 176
TRANSCRIPT
Status
Amount Disputed
Actual Savings
Estimated Savings
Activities
Location
NAICS
Complainant
Number
Date
Name Contact Phone Toll Free Email
McCormack Intellectual Property Law617 Lee StSeattle, WA 98109
(206) 381-8888 [email protected]
Getty Images605 5th Ave S Ste 400Seattle, WA 98104
(206) 925-6753 [email protected]
443348
2/3/2014
Respondent(s)
Complaint
Seattle - Consumer Protection Division
Date Added Activity Type Activity
2/4/2014 Email to Complainant C-1stLetterRevised To: [email protected]
541620-Legal Services- All other legal services
Assignee Wu, Andrew F
$0.00
$2,222.00
$0.00
Code Practice
013 Misrepresentation of product or service
019 Inadequate Disclosure
Practice(s)
Closed
Referral(s)Name Contact Phone Contact Phone Email
443348
CatalystComplaint Cover Page
Name Phone Day Phone Evening Email
Leila Brown2999 Steven Martin DrFairfax, VA 22031
(703) 281-7085 (703) 281-7085 [email protected]
1 of 2443348
Date Added Activity Type Activity
2/4/2014 Email to Respondent R-1st LetterRevised To:[email protected]
2/4/2014 Email to Respondent R-1st LetterRevised To:[email protected]
2/7/2014 Email from Respondent Auto reply from Getty Images
2/18/2014 Email to Complainant C-ClosingUnadjustedW-ResponseOutofStateConsumer To:[email protected]
2/18/2014 Email to Respondent Rsup Closing W-Response To:[email protected]
2/21/2014 Email from Respondent Response from McCormack Intellectual Property LawCame with document 443348D
2/21/2014 Email to Complainant C-ClosingUnadjustedW-ResponseOutofStateConsumer To:[email protected]
2/21/2014 Email to Respondent Rsup Closing W-Response To:[email protected]
2/21/2014 Resolution-UNADJUSTED
2/25/2014 Correspondence from Respondent From McCormack. See doc 443348E
2 of 2443348
Description
I am being harrassed by Getty Images and their so-called legal counsel. I am a licensed realtor in Virginia and Washington DC. I am currently an agent with Keller Williams Realty in McLean VA (since 2010).Previously I was with Weichert Realtors in McLean VA (2008-2010). While there, I purchased a website from RealtySoft.com (now owned by WebsiteBox). The website purchased consisted of a template (including photos) that the customer could customize with their information (Brokerage, Name, Business Number, IDX etc). Since 2011, persons claiming to represent Getty Images have sent me letters "demanding" payment for copyright infringment of 2 images that were included in the template. I have explained to them that I did not use Getty images and am not liable for any copyright infringement. I contacted RealtySoft and they responded: "All website images are licensed images. The problem is we buy our stock photos from multiple sources and we buy lots of them. Getty is asking us (and many other companies) to go over each and every source we have purchased the images from and find the one photo they have listed. They have done this to many other companies and it's illegal. It's just a gimmick to make money. Please check out this website for more information about this gimmick: http://extortionletterinfo.com/." Once you go to that website, you realized that you are not alone. I agree with the authors of that site that Getty Images is engaging in a "deliberate, malicious bulling, and presumptuous letter campaign" that is tantamount to legalized extortion.The letter presumes my guilt unless I prove my innocence and presumes that Getty Images has been "damaged." I never earned a penny off that purchased website and haven't used that site since 2010. Yet Getty Images first "demanded" $1560.00 in July 2011. The latest letter of December 3, 2013 "demands" $2,222.00.How did they come up with these numbers? I hope you can do something about this Washington company that continues to harrass myself and other citizens who do not deserve to be bullied by a $3.3 BILLION DOLLAR Company. I work for a living. I do not make money by exhorting the working class.
Complaint Description
Catalyst Report
Leila Brown Keller Williams Realty
6820 Elm St. McLean, VA 22101
October 10, 2012
Getty Images Headquarters 605 Fifth Avenue South, Suite 400 Seattle, WA 98104 Dear Sir: I am in receipt of your repeated attempts of legal extortion. You claim that you have a copyright infringement claim again me. However, that alleged infringement does not include Keller Williams Realty, and the fact that you have written to the “legal department” of my brokerage is clearly an attempt to frighten me. I purchased a website template when I was associated with Weichert Realtors. That template contained the photos that you claim were used without permission. I severed my relationship with that firm and that website over 3 years ago. In fact, I have contacted the website company, Realty Soft (owned by Active Rain) about your letters. Here is their response. All website images are licensed images. The problem is we buy our stock photos from multiple sources and we buy lots of them. Getty is asking us (and many other companies) to go over each and every source we have purchased the images from and find the one photo they have listed. They have done this to many other companies and it’s illegal. It’s just a gimmick to make money. Please check out this website for more information about this gimmick: http://extortionletterinfo.com/. As recommended I checked out the website. I agree with the authors of that website that you are engaging in a “deliberate, malicious bullying, and presumptuous letter campaign” that is tantamount to legalized extortion. Your letter automatically presumes my guilt unless I prove my innocence. Your letter also presumes Getty Images has been “damaged.” I doubt that. The aim of your letter is to bully recipients into paying you a “settlement,” while, at the same time, you have the unmitigated gall to state that the offer is without prejudice to your “legal rights and remedies, all of which are expressly reserved.”! I believe that this type of “business” is illegal and I am sending copies of all correspondence to the Attorney General for the State of Washington as well as my Senators to request an investigation of your practices. Leila Brown cc: Rob McKenna, Attorney General for the State of Washington Senators Mark Warner and Jim Webb of the State of Virginia