question?

[astrangemix]

Does anyone know if there is a way to check the validity of a sites claim that they have been shut down because of a spammer?

I was a member of a site where administration says this is what happened to them and alot of their files were deleted by the hosting company. The program had monthly membership fees and I think was running for 3/4 months with membership around 10,000 members. I'm sure only a small % were paying, but dues at $7.50 or $15.00 a month would still generate a nice sum.

One of the reasons for my suspicions is the fact that the hosting company is/was registered to the same person who is the registered owner of the program in question. Did he close his own program down because of a spammer? Is there a company/entity above the hosting company that could/would make this decision? There has been no new info in the past 2/3 weeks although they are supposed to be working on getting the program back up as well as taking legal action against the spammer. Is there any way to check on whether legal action has in fact been started? There is a "coming soon" webpage set up and the program seems to be parked at godaddy for the moment. Any thoughts? ideas?

thanks

[homeincome]

Who is the program in question?


Andy

[astrangemix]

I don't feel it would be appropriate to say since I have no facts of any wrong doing, only my suspicions, which could be completely off. IMO this was a decent program, at least for me, and I wouldn't want to imply anything negative if it is not warranted, especially since there is the possibility of it coming back online. That is why I was asking if anyone knew of ways to check out information we are given by site/program/business owners. I know of no such online tools we can use, which in my opinion leaves us as members completely vulnerable with no choice but to blindly accept what we are told.

[DAzHiredGun]

From what you've said thus far, it sounds to me like you have good reason to be suspicious. Administration claims hosting company deleted member files, yet hosting company and administration are one-in-the-same. Essentially, the owner is saying he deleted his own files. I would be wondering if the files were deleted due to the actions of a single spammer; or, if they were deleted by the owner to destroy evidence of debt.

You asked for suggestions/ideas and inquired as to ways to determine if legal action has started.

If you can determine who the owner is and in what county and state he/she resides, you can contact the Circuit Clerk's office for that county and inquire if a lawsuit has been filed either in the name of the owner, the name of the company or owner d/b/a company (owner doing business as company).

You might also want to consider sending an email to the owner asking specific questions as to (1) who is his/her attorney; (2) when and where will the lawsuit be filed; (3) the identity of the alleged spammer; and, (4) what proof exists the spammer is responsible for the destruction of member data. You can tell the owner that you intend to sue the spammer, for your losses - regardless of what the owner's intentions are and suggest the owner allow the members to join in the suit.

When the owner refuses to answer, you can be assured there was no spammer to begin with. In my opinion, the answers to 1-4 would become public record, either in whole or part, once a lawsuit is filed - so, there is no legitimate reason for not answering the questions.

ron

[DAzHiredGun]

BTW, astrangemix, I know of no method available to determine whether or not one can independently confirm or refute what a site/program/business owner says - which does, in my opinion, leave us all vulnerable.

If you choose to try contacting the owner directly, as I suggested, let us know what the response is, if any.

Thanks,

ron

[astrangemix]

Hi Ron;

Thanks for the suggestions. I did in fact email the owner this a.m. He's always answered me within 24hrs in the past so we shall see how it goes this time. I also have all the info needed to check with the Circuit Clerk's office for the county in NC where he seems to be located. I'll search google a little later to try and track down an e-mail addy where I can contact them if I don't hear anything from him. I'll keep you updated.

thanks again,

Frances

[DAzHiredGun]

Hello Frances,

You're most welcome. Like you, I'd rather be optimistic and hope things are not as they appear. Good luck and thanks for the reply.

ron

[DAzHiredGun]

Frances:

In the event NC counties do not have what is called a Circuit Clerk's office, you can contact a county prosecutor's office or the sheriff's office and ask where the lawsuits are filed. From what you've said, small claims court should be out of the picture.

Good luck.

ron

[astrangemix]

Well I received a reply but I'm not sure I'm any wiser for it. I've xed out the names.

~~~~~~~~~~~~~~~
Hi Frances,

Well, things are moving along slowly you know how lawyers are, I did call them today and mentioned about the class action suit, they said they would look into that possibility. Since we are in a legal problem and a pending lawsuit, we can not open up xxxxxx. If they intend to do a class action suit I will inform everyone that was in the program. However I do plan to open up another program within the next two months. My plate is pretty full at the present time as I'm very involved in the Election on xxxxxxx in North Carolina.

I understand that xxxxx from xxxxxxMarketing wrote you as he was asking me about the program and what was going to happen as far as the web hosting. Since the program is no longer and I know you have web hosting I'll work a deal for you in regards to the hosting and since I own xxxxxMarketing. How about I give you a Basic Plus site which normally cost $ 17.75 per month for $ 9.00 per month until we see which way we are moving. If you are interested in that let me know and I will inform xxxxx.

Please let me know as soon as you can, so they do not shut you down, if you fell that is not fair price let me know.

Best Regards,
xxxxxx

~~~~~~~~~~~~~~~~~~~~~

I will be checking to see if the person mentioned above is running for election but I'm sure it will turn out to be true. It's not likely though that I will find proof as to whether or not he's actually involved in the campaign. I also have no knowledge of law so Ron maybe you would have some insight into whether or not a program could/can reopen with a lawsuit pending. I am still trying to find email addys to check on whether or not the suit has been filed. Lots of phone#s but I'm not comfortable talking on the phone and it definitely wouldn't be a local call from canada.

Frances

[DAzHiredGun]

Frances:

Obviously, what you got was a lot of talk that says nothing - which I, for one, am not buying. Certainly not, if you asked him the direct questions that I suggested.

Try the North Carolina Attorney General's Office:
http://www.jus.state.nc.us

You may be able to tell them your suspicions and forward a copy of the email you received. There are other areas to explore, but I'd start with them and see where that leads.

Good luck.

ron

[DAzHiredGun]

Frances:

Have there been any new developments?

ron