FanBox Scam Or Legit / Fanbox Lawsuit Against Numerous Does

[JustTooMuchTime]

A friend of mine told me that one of her relatives received the following email from FanBox (I've removed any personal information from the email header and the URLs).


"From: FanBox Customer Protection <fbNOREPLY@myfanbox.com>
To: [Removed for privacy]
Sent: Sunday, February 24, 2013 7:24:10 AM
Subject: Courtesy notice

I noticed that your FanBox account is not protected, despite your sizable earnings of $81.69.

I strongly recommend that you protect your funds by validating your account (https://secure.fanbox.com/PremiumBlogs/AccountSecurityQuestions.aspx) immediately.

If you need assistance, chat (http://www.fanbox.com/FanFeed/Home.aspx?chat-with=expert) with a community expert.

-Maria Ashford, Customer Protection Team
FanBox – Uplifting humanity by enabling opportunity"

[JustTooMuchTime]

From the BBB report (http://www.bbb.org/san-diego/business-reviews/social-media/fanbox-in-san-diego-ca-20007583):

"Consumer complaints allege charges appearing on their cell phone bills for services that they did not authorize and/or were unaware of. Some consumers state that they receive a text message stating they will be charge $9.95 unless they type "stop" and reply. Some consumers are still charged even if they follow these instructions. Consumers that contact the company directly for refund of services state they have difficulty obtaining any refund. Additionally consumers allege that the company is sending out text messages to individuals in their address book making the text appear to be from them and not a company. The text indicates that the individual has sent you a slide show to view. When recipients attempt to view the slide show they are unaware that they are signing up for a service. Many consumers don't understand what service they are being billed for. The BBB attempted to contact the business regarding the pattern of complaints, but the business did not respond to the BBB's attempts."

The BBB has the business listed with an A- rating at the time of this post.

[JustTooMuchTime]

Wikipedia article on SMS.ac
SMS.ac, Inc. - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/SMS.ac,_Inc).


"SMS.ac Inc. is a mobile data and Internet communications company based in San Diego, California. The company (and its spinoff subsidiary Fanbox) has been widely criticized for charging unrequested SMS services from consumers and for failing to respond to the complaints of users[1] and for Fanbox's e-mail[2][3] activities. The company provides distribution and billing to people buying and selling digital content (video, music, and applications) through (SMS) mobile services[citation needed] and web-based applications. SMS.ac's website integrates its mobile billing technology with various social networking services like photos, videos, music, and comments.[4][5] SMS.ac claims over 50 million registered users in more than 180 countries.[6]
The SMS.ac website domain name uses the .ac top-level domain for Ascension Island."


"In 2008, SMS.ac was fined £250,000 by PhonepayPlus for operating misleading and unfair mobile-terminating text message services without giving proper pricing information, and barred from operating reverse-billed services in the UK until it became compliant with the PhonepayPlus compliance rules.[11] Following the ruling SMS.ac brought their practices into compliance with UK regulations."

Relate to above:
Feb 12, 2008:
SMS.ac fined 175,000 pounds by UK regulator (http://www.mobileindustryreview.com/2008/02/smsac_fined_175000_pounds_by_uk_regulator.html)

[littleroundman]

The James Randi Educational Foundation (JREF) forum has it's own Fanbox scam thread (http://forums.randi.org/showthread.php?t=248104) starting with this post:

http://imageshack.com/a/img742/6282/uG7BXc.jpg

[littleroundman]

http://imageshack.com/a/img540/2311/fsUq3x.jpg

Ripoff Report complaint #968923 (http://www.ripoffreport.com/fanbox/internet-fraud/internet-internet-86189.htm)

[littleroundman]

http://imageshack.com/a/img674/9488/284RIR.jpg

Ripoff Report complaint #708195 (http://www.ripoffreport.com/home-based-business/fan-box/fan-box-fanboxalpha-system-adm-3dcd8.htm)

[littleroundman]

http://imageshack.com/a/img912/7403/0ZuqVX.jpg

Ripoff Report complaint #776633 (http://www.ripoffreport.com/media/fanbox/fanbox-fanboxx-com-spammer-id-14033.htm)

[ribshaw]

The BBB has the business listed with an A- rating at the time of this post.[/QUOTE]

This may be nothing new, but at some level I think the BBB is almost a scam itself. I feel fairly comfortable when they have a business rated F that staying a way is a good idea, but an A or A- seems more like a starting point than a stamp of approval since business is paying to be rated. Recently was looking for someone to do some work on the house, one company with 0 complaints A, one with 20 complaints A-. Nonsensical.

[JustTooMuchTime]

This may be nothing new, but at some level I think the BBB is almost a scam itself. I feel fairly comfortable when they have a business rated F that staying a way is a good idea, but an A or A- seems more like a starting point than a stamp of approval since business is paying to be rated. Recently was looking for someone to do some work on the house, one company with 0 complaints A, one with 20 complaints A-. Nonsensical.

I agree. Actually I've seen many good or even excellent businesses rated F. That was one of the things that came up in the abc investigation. Wolfgang Puck was one of the people they talked to who had that problem.

[JustTooMuchTime]

The friend of mine who asked me to look into this told me she got an email telling her to click to see a photo from a friend ( who she thinks actually did sign up for FanBox). Here's what she said happened:


"When I clicked the link to see the pictures, there were no pictures at all, instead I immediately got the page for setting up my account. So that's how it works - whatever you click they create an account for you; they don't even ask whether you want to create one. "

[JustTooMuchTime]

Here's more from my friend. She said:

"Here we are.
Note that I did absolutely nothing to earn this. LOL "


I don't even think she set up an account there. I'll doublecheck that.

Here's what came in the email to her (I've removed names, etc., for privay reasons).


"In March 11 you earned $12.97 (Your FanBox homepage)
All-time earnings: $12.97

Got questions? See what others are saying or chat with an expert

HOW DID I MAKE MONEY?
Originally, you were invited by [removed] to the FanBox beta product launch of IPL.

How does IPL (I'll Pay Later) work?
1. Earn by advertising your product, service or blog now; but pay later.
2. Don't have a product, service or blog? Participate in the profits from other people's sales now; but pay later. This is called "Boosting"

Of your FanBox earnings yesterday, you earned:
100% from Boosting (3 min video)

(Boosting is when you fund other's Ads and earn money when those Ads receive clicks). 100% profile completeness earns you double profits!

HOW ELSE CAN I EARN MONEY ON FANBOX?
* Blogging - post anything. You earn when people read your free blogs (3 min video). New: Complete your profile and earn double from your blogs!
* Selling - sell your services, stuff or even your blogs (3 min video).
* Advertising - earn by launching simple ads for your or anyone else's blogs, services or stuff (4 min video). And now, advertisers earn double profits when they complete their profile.

WHEN DO I GET MY MONEY?
MATURATION - with your earnings from any month:
* 30 days after the month, you can spend it on products and services within FanBox
* 60 days after the month, you can use it to accelerate your earnings with FanBox ads and boosting
* 90 days after the month, you can cash it out via PayPal or check, or use it to pay your IPL processing fees
* WHAT SHOULD I DO NEXT?

Most important:
Double your daily profits by completing your FanBox profile (current status: 0% complete). It only takes 1 minute!

You should also:
* Accelerate your earnings with your $487.53 in Available IPL funds
* It's time to do something fresh: post something now!
* Visit your homepage to see what others are doing to achieve success
* Chat with a volunteer expert - get all your questions answered

QUICK LINKS:
* Review your FanBox balance and earnings
* View your “I’ll Pay Later” details including your limit, available and utilized amounts
* See the top performers on the Leaderboard, or hear how FanBoxers are changing their lives
* Discover the movement's purpose and history
* Got questions?
* Watch quick videos in the Learning Center, or ask an expert anything"

[JustTooMuchTime]

I asked her if she ever set up a FanBox account and this is what she said:


"According to them, I did.

Truth is they created one for me.

They never asked whether I want to create an account, and a generic account was automatically created and displayed to me when I first clicked the link to see the alleged photos.

There were questions about my credit cards, PayPal, phone number and stuff but I skipped all of those.
So I guess they would insist on those details if I ever wanted to cash out.

It's so convenient, you earn with a single click! ;-)"

[JustTooMuchTime]

The most recent email FanBox sent to me friend - now they want my friend to pay a processing fee to collect her earnings:


"Your March IPL processing fee of $5.76 is due on Apr. 26. (Learn more)

Pay your processing fee to protect your account and money.

Please note that not paying your IPL processing fee may result in losing your IPL account (current balance: $1,000.00) and current earnings of $389.78 since you started utilizing IPL.

Need help paying your processing fee? Learn how or talk to an expert volunteer.

Jessica Martinez
FanBox Billing Department"

[JustTooMuchTime]

Most recent email. Again my friend has done NOTHING with FanBox, so the "recent earnings" claim seems to be some sort of ploy to get people to pay processing fees.


From: FanBox Customer Protection <fbNOREPLY@myfanbox.com>
Date: Fri, Apr 26, 2013 at 5:27 PM
Subject: Immediate action required
To: [removed]

FanBox loves its members and has taken proactive measures to protect you and your earnings. But we need your help.

To keep you safe, recently we launched free account protection. Our records indicate the following status for your account (your earnings: $395.75):

1. Security question Status: Complete
2. Validate your identity Status: Incomplete Complete now
3. Mobile phone Status: Incomplete Complete now

These steps help us identify you as the owner of your account when you write to us for help, or attempt to cash out your earnings.

Do you need help? Chat with a community expert.

[JustTooMuchTime]

Just got this from my friend today:

"They extended my deadline with a late fee and they have a new payment option called Payza (?).
But I still don't know what exactly IPL is. :-)
Didn't have time to research their "earning system".

Here's the email FanBox sent:


From: FanBox Account Protection Team <fbNOREPLY@myfanbox.com>
Date: Sat, Apr 27, 2013 at 8:40 PM
Subject: “I’ll Pay Later” processing fee due
To: [REMOVED]


Hi [removed],

So far, you have earned $418.22 since you started utilizing IPL. Watch the video to learn about IPL.

Your March IPL processing fee of $5.76 became due on Apr. 26, 2013. You'll want to pay your processing fee immediately to protect your account and money.

Please note that if your processing fee has not been paid by May. 6, 2013, a late fee will be added to your processing fee.

Amount due if paid before May. 6, 2013: $5.76
Amount due if paid on or after May. 6, 2013: $15.76

Did you know?

You can avoid manual payments and late fees, and protect your earnings, by setting up Automatic Account Protection . It’s a free service!"

[scratchycat]

I hope your friend is smart enough to stay away from these people.

New Product Launch: I'll Pay Later (IPL) - FanBox.com (http://blogs.fanbox.com/SinglePost.aspx?pbid=1393497&post=2727009&bts=50)

"Johnny Cash helps education for the disabled." :RpS_lol:

New Product Launch: I’ll Pay Later (IPL)

I am very excited to have the opportunity to announce the general launch and availability of this exciting, new product!

“I’ll Pay Later” – or IPL – is a fast and easy way for a person to immediately accelerate their earnings.

IPL lets you earn real money NOW - using FanBox Ads and Boosting – but NOT pay for those Ads and Boosting until LATER.

In short, IPL means the opportunity – for everyone -- to get ahead NOW.

It is one big step in the direction of “leveling the playing field” – one of our stated goals as a community.


What is IPL and how does it work?

Here is another blog people need to read before getting involved with this IPL:
http://liteleaf.blogspot.com/2011/01/fanbox-scam-spam-fraud-payment-blogs.html

[JustTooMuchTime]

I hope your friend is smart enough to stay away from these people.

Yep. She is. She was just doing research on it because a relative of hers got involved. Since she's been getting the emails, she's been sending them to me so I can document exactly what they do.

We were trying to figure out what that IPL was. I'll send her that link. Thanks.

Here's their screen to pay the processing fee:
http://i1242.photobucket.com/albums/gg536/Paul_Schlegel/FanBox/FanBoxPaymentScreen_zps7f0ec1ba.jpg (http://s1242.photobucket.com/user/Paul_Schlegel/media/FanBox/FanBoxPaymentScreen_zps7f0ec1ba.jpg.html)

[scratchycat]

Yep. She is. She was just doing research on it because a relative of hers got involved. Since she's been getting the emails, she's been sending them to me so I can document exactly what they do.

We were trying to figure out what that IPL was. I'll send her that link. Thanks.

Here's their screen to pay the processing fee:
http://i1242.photobucket.com/albums/gg536/Paul_Schlegel/FanBox/FanBoxPaymentScreen_zps7f0ec1ba.jpg (http://s1242.photobucket.com/user/Paul_Schlegel/media/FanBox/FanBoxPaymentScreen_zps7f0ec1ba.jpg.html)

You are welcome!!

[path2prosperity]

When pimps like Michael Clayton from Adlandpro are pushing a program, you can be sure that there is something fishy.

Michael Clayton's Fan Box Spiel (http://blogs.fanbox.com/BlogContent.aspx?PageTimer_Request=1364541925376&pbid=2308775&bts=30)

Quote

"You can easily earn $150 To $750 a day
by Michael Clayton April 19, 2013
Like on FanBox Like on Facebook Tweet"

Michael Clayton hawks FanBox on Adlandpro (http://community.adlandpro.com/forums/post/2614969/Fanbox-Now-A-Lot-Better-You-Can-Earn-Daily.aspx?flag=1)

[JustTooMuchTime]

The latest FanBox email sent to my friend:


From: FanBox Account Protection Team <fbNOREPLY@myfanbox.com>
Date: Tue, May 7, 2013 at 10:30 PM
Subject: Penalty courtesy notice
To: [Removed]


Hi [Removed],

So far, you have earned $472.28 since you started utilizing IPL. Watch the video to learn about IPL.

Your March IPL processing fee remains due. You'll want to pay your processing fee immediately to protect your account and money.

Please note that if your processing fee has not been paid by May. 21, 2013, a penalty will be added to your processing fee.

Amount due if paid before May. 21, 2013: $15.76
Amount due if paid on or after May. 21, 2013: $21.52


Did you know?

You can protect your earnings and avoid manual payments by setting up Automatic Account Protection . It’s a free service!


Quick links:
Pay your processing fee now
Review your FanBox Bank balance and earnings
View your “I’ll Pay Later” details including your limit, available and utilized amounts and how your processing fee is calculated
Take a minute to get Automatic Account Protection and never make another manual payment
Got questions?
Watch quick videos in the Learning Center
Ask your Success Coach anything – including how your earnings mature
Got billing questions? Ask the FanBox Billing Department (billing questions only)


Regards,
The FanBox Account Protection Team

[wolf14u]

I have been a member of FanBox almost two years and considering I have cashed out honest earnings I have made on many occasions I can tell you it is NOT a scam and it is REAL! I was very skeptical when I joined from a link I receive from my dad, however one I received my first cash out and have learned how the site works I know it is for real!

As of now the only people who can sign up (the system no longer begins a profile because if you click on a link from an email or Facebook post it will not allow you onto the site without a personal invitation from a current member, the only reason it did that to begin with is for those who decide to stay they already have the beginning process started for them).

There are other sites that will 'begin' a profile for you which you have the choice to continue or not. I chose to continue and finish the profile completion process. Don't want the account then simply delete it. It doesn't affect anything outside of FanBox.

The only people who really think this site is not for real are those who do not understand how to use it nor take the time to really learn about how it all works. Or those who got a message saying they had some earnings and thought they were going to be able to 'get something for nothing' and were upset because they found out that yes, the earnings are for real but if you want to keep them and cash out (if they were only gained from using the I'll Pay Later account aspect) there is a fair usage fee 1.5% of the IPL amount used. Only those who don't take the time to learn and do the actual research think it is not for real.

Speaking from experience I can say it is for real and not a scam. I can provide proof of my cash outs if needed :RpS_smile:

[littleroundman]

I can provide proof of my cash outs if needed

Victims of the Madoff fraud were able to get "cash outs" for years.

Your point being.............what ????

It would be a pretty poor fraud if no one could get any "cash outs" now, wouldn't it ???

[wdw333]

Wow really! You cannot compare Madoff with a social network that doesn't require you to put any of your own money in it. That's absurd and an insult to the victims of Madoff. Get real buddy. You can also cash out from your local bank, from your 401k. Should I list more? Are they all comparable to a Madoff scam? You are a joke. Why don't you open up an account with FanBox and see for yourself? Oh, I know that would be too real for you to find out FanBox is attempting to help humanity with a place where you can earn money using their money or just from selling your products, or services. Or, you can just share your knowledge. 97% of the revenue made from people paying the small fee for the loan of IPL funds goes back into the community blogging pool that the community gets their "cash outs" from. You would be stepping out of the box to realize that FanBox is trying to do something to help the poverty situation in the world. You my friend are only helping good people learning for themselves that there is something out there to help them improve their lives by all your negative BS. I challenge you to find out for yourself. Are you big enough to take that challenge. I would bet you aren't. Am I right?

[wdw333]

I meant that you are keeping good people from a great thing by spewing all your unfounded, uninformed comments. You should really check it out yourself before you open your mouth and remove all doubt that you are very ignorant and comment on things you know nothing about.

[littleroundman]

Am I right?

Yep, if it keeps you happy, you're right.

NEXT.

[littleroundman]

http://www.youtube.com/watch?feature=player_detailpage&amp;v=t26kZyi49cw

[littleroundman]

http://img600.imageshack.us/img600/2027/fan1o.jpg

RipOff Report (http://www.ripoffreport.com/r/FanBox/Internet-California-/FanBox-SMS-Scam-Spam-phishing-rip-off-social-networking-site-Internet-California-1039564)

[littleroundman]

http://img834.imageshack.us/img834/4247/fan4q.jpg

RipOff Report (http://www.ripoffreport.com/r/FanBox/Internet-California-/FanBox-SMS-Scam-Spam-phishing-rip-off-social-networking-site-Internet-California-1039564)

[ribshaw]

http://www.youtube.com/watch?feature=player_detailpage&v=t26kZyi49cw

Employees being forced to recruit new employees even though they themselves have not been paid. Where have we here this before?

This is a screen shot near the 3 minute mark, the handful of papers are complaints that were filed against Fanbox. Employees suspect there are 100 more unhappy campers in the wings!

4195

[KKaptain]

I like how threads work.... you spend hours in them for one simple answer.... that no one wants to answer...

Is "Fanbox" legit or scam? Yes or no are the answers to choose from...

So what is it... is "Fanbox" a scam; yes/no.... and an explanation is not required.

I have a large amount in it and I did nothing for it...

[baylee]

I like how threads work.... you spend hours in them for one simple answer.... that no one wants to answer...

Is "Fanbox" legit or scam? Yes or no are the answers to choose from...

So what is it... is "Fanbox" a scam; yes/no.... and an explanation is not required.

I have a large amount in it and I did nothing for it...

Run away from this as fast as you can!! This thread tells any reasonable person all they need to know!

[pld991]

Just joined here wondering about Fanbox. Thanks for the heads up! I know to stay away from them. Wanted to point out that the "two" members who are defending Fanbox as not a scam both created their accounts within a day of posting (They posted on June 2, 2013 and their profile was created in June 2013) and neither one has made any other posts except the ones here. Sound fishy or what? Lol

[Seattle]

They are phishing for sure guys.

[Fat City, LA]

I had a friend contact me SO excited about this. I took a look.

It pays right now but Brian Woosley is the president.

http://blogs.fanbox.com/SinglePost.aspx?pbid=2368263&post=3552878&bts=42&tpc=9X0QtFFi%2bt2IX1ZWhG5as4IwlUa5oXo%2bppjtXW1pH3 C1m39Xr5A7I3y9XYJTZBByJOeHdAq10lAjfZ7A%2f1KX0kinu2 NkhQkUFJWRPGVxdcMYmE8tGGmtwfFunjprOu9OV9yeWabZEeoU %2fm84IGdeVy9V4Nms6RqTRvF3ybW7ojLVo4J7XSJdjcro6vso y1PKK9DxPxBwR8%2fO5zSVe10AmQ%3d%3d

He stiffed many people for thousands with his site social-intel.com

Im banned from MMG right now but there is a long thread on the social-intel and this thief.
Social Intel - Social-intel.com (http://www.moneymakergroup.com/Social-Intel-Social-int-t447704.html)

Can someone fix if not working?


https://www.facebook.com/brian.woosley.10?fref=ts

[littleroundman]

Says it all really, doesn't it ???

http://imageshack.com/a/img909/3530/09l6zS.jpg

[Soapboxmom]

Those folks at Fanbox are definitely barfing up the wrong tree. :pt:

11334

http://www.realscam.com/f23/cash-gifters-1637/#post30294

We don't remove threads without good cause. Read provably false statements of fact.

We all know that no one is going to get general damages from the site. We are clearly not responsible for what others post under federal law. I myself have obviously missed a good thread and Fanbox will be seeing scathing commentary from me forthcoming!

No judge is going to issue an injunction taking down the whole site because the fools at Fanbox have had a meltdown either. So, consider yourselves responded to and kindly pi$$ off or join the discussion and refute the postings you so strongly object to with some verifiable facts!

There is plenty of buzz about this deal and obviously lots more interesting things to discuss. We at RS will carry on!

[Soapboxmom]

FanBox (http://www.fanbox.com/)
www.fanbox (http://www.<strong>fanbox</strong>).com/
· FanBox's mission is to "Uplift Humanity by Enabling Opportunity," by paying users for doing what they love: posting photos, videos, and blogs.
‎Home - FanBox (http://www.fanbox.com/FanFeed/Home.aspx) - ‎Redeem Invitation Code (http://www.fanbox.com/socnet/InvitationCodeRedemption.aspx) - ‎Learn more (http://www.fanbox.com/PremiumBlogs/CommunityWealth.aspx) - ‎A social experiment (http://www.fanbox.com/socnet/?quoteoffset=20)
· Home - FanBox (http://www.fanbox.com/FanFeed/Home.aspx)
www.fanbox (http://www.<strong>fanbox</strong>).com/FanFeed/Home.aspx
· FanBox's mission is to "Uplift Humanity by Enabling Opportunity," by paying users for doing what they love: posting photos, videos, and blogs.
· FanBox - Better Business Bureau (http://www.bbb.org/sdoc/business-reviews/online-social-media-networking/fanbox-in-san-diego-ca-20007583/)
www.bbb.org/.../ (http://www.bbb.org/.../)fanbox-in-san-diego-ca-2000758...
· Better Business Bureau
BBB's Business Review For FanBox that includes background information, consumer experience, BBB Accreditation status, BBB Rating, customer reviews, ...
· Fanbox Scam Review: What is Fanbox? (http://fanboxscamreview.blogspot.com/2014/04/what-is-fanbox.html)
fanboxscamreview.blogspot.com/2014/04/what-is-fanbox.html
· Apr 3, 2014 - In short, Fanbox is an elaborate SCAM designed to defraud people by selling them a 6-figure income from home dream. It's also known for ...
· FanBox Scam Or Legit - RealScam.com (http://www.realscam.com/f8/fanbox-scam-legit-2082/)
www.realscam.com (http://www.realscam.com) › ... › Online Opportunities
Feb 25, 2013 - 25 posts - ‎7 authors
A friend of mine told me that one of her relatives received the following email from FanBox (I've removed any personal information from the ...
First page of Google search spot 5 and moving on up we shall be!

[littleroundman]

http://imageshack.com/a/img633/4788/eUTTD3.jpg

[EagleOne]

So let me get this straight. This thread was started in early 2013 and the last post made until yesterday was June of 2013, and Mr. Battin just now discovered this thread and wants it taken down? Seriously? That's what I call being on "top" of things. Too :RpS_lol:

Makes one wonder how successful he was in getting all the Rip-Off reports removed, the BBB to change their rating and report on the company, and the thread at MMG and possibly TG removed. Maybe Mr. Battin should have taken the time to actually read the posts made in this thread and he would have realized that those posting were providing links to other sources that were making the majority of all the, what he considered, negative comments.

Just think, if Mr. Battin had left things alone, no-one would have known this thread existed at RS, but now they do.

[ProfHenryHiggins]

We weren't the only site he tried this on during the past 40 days. As far as I can tell, his letters removed precisely one website, a blog run by the individual who posted the "offending" discussion of his client.

Considering that a few quick searches on the Fanbox brand name with other keywords brought up considerable discussion comparing them to a Nigerian 419 scam, I would think that Mr. Battin ought to sit down with this client and go through their business plan with a finetoothed comb.

[laidback]

So let me get this straight. This thread was started in early 2013 and the last post made until yesterday was June of 2013, and Mr. Battin just now discovered this thread and wants it taken down? Seriously? That's what I call being on "top" of things. Too :RpS_lol:

Makes one wonder how successful he was in getting all the Rip-Off reports removed, the BBB to change their rating and report on the company, and the thread at MMG and possibly TG removed. Maybe Mr. Battin should have taken the time to actually read the posts made in this thread and he would have realized that those posting were providing links to other sources that were making the majority of all the, what he considered, negative comments.

Just think, if Mr. Battin had left things alone, no-one would have known this thread existed at RS, but now they do.

LOL, wonder if he sent the same C & D to Channel 6 News...(quick answer, NFW!)

[laidback]

BTW, if this is how timely and "on top of things" this law firm is, I wouldn't hire them!11358 Michael W. Battin

[Soapboxmom]

Customer Reviews Summary

7 Customer Reviews on FanBox

Positive Experience (0 reviews)

Neutral Experience (0 reviews)

Negative Experience (7 reviews) (http://www.bbb.org/sdoc/business-reviews/online-social-media-networking/fanbox-in-san-diego-ca-20007583/ReadReviews?page=1&exp=-1)



4/15/2014
Clearly, BBB is getting paid by Fanbox for maintaining the high ratings (search "BBB 20/20" on youtube), otherwise a company that has been relentlessly spamming people in every corner of the globe and sending false charges to their bank accounts doesn't even deserve an F rating. Make it Z. This customer had a NEGATIVE experience with this business.
This customer WOULD NOT recommend the business to a friend, family member, neighbor or colleague.

by Wendy W. on 4/15/2014 | Submit a Customer Review (http://www.bbb.org/sdoc/business-reviews/online-social-media-networking/fanbox-in-san-diego-ca-20007583/add-review)
Was this review helpful to you? Yes (http://www.bbb.org/sdoc/business-reviews/online-social-media-networking/fanbox-in-san-diego-ca-20007583/Customer-Reviews#)No (http://www.bbb.org/sdoc/business-reviews/online-social-media-networking/fanbox-in-san-diego-ca-20007583/Customer-Reviews#)
17 people found this review helpful and 2 people did not find this review helpful.


4/6/2014
Like many other is see have complained. I too have been receiving bogus emails claiming that I've earned so much money from my postings. I have never made an account with them, I have never heard of them until the emails started, I cannot earn money from postings if I don't even know what postings they are referring to. If so many are complaining, why do they not have a lower rating? Why can't anything be done about it if they are spamming people? I want my data removed from their system. This customer had a NEGATIVE experience with this business.
This customer WOULD NOT recommend the business to a friend, family member, neighbor or colleague.

by Dawn M. on 4/6/2014 | Submit a Customer Review (http://www.bbb.org/sdoc/business-reviews/online-social-media-networking/fanbox-in-san-diego-ca-20007583/add-review)
Was this review helpful to you? Yes (http://www.bbb.org/sdoc/business-reviews/online-social-media-networking/fanbox-in-san-diego-ca-20007583/Customer-Reviews#)No (http://www.bbb.org/sdoc/business-reviews/online-social-media-networking/fanbox-in-san-diego-ca-20007583/Customer-Reviews#)
32 people found this review helpful .






Customer Complaints Summary 144 complaints closed with BBB in last 3 years | 21 closed in last 12 months



Complaint Type
Total Closed Complaints


Advertising/Sales Issues
27


Billing/Collection Issues
79


Delivery Issues
0


Guarantee/Warranty Issues
0


Problems with Product/Service
38


Total Closed Complaints
144



That suggested Z rating is certainly warranted!!!!!

[JustTooMuchTime]

I have been a member of FanBox almost two years and considering I have cashed out honest earnings I have made on many occasions I can tell you it is NOT a scam and it is REAL! I was very skeptical when I joined from a link I receive from my dad, however one I received my first cash out and have learned how the site works I know it is for real!

As of now the only people who can sign up (the system no longer begins a profile because if you click on a link from an email or Facebook post it will not allow you onto the site without a personal invitation from a current member, the only reason it did that to begin with is for those who decide to stay they already have the beginning process started for them).

There are other sites that will 'begin' a profile for you which you have the choice to continue or not. I chose to continue and finish the profile completion process. Don't want the account then simply delete it. It doesn't affect anything outside of FanBox.

The only people who really think this site is not for real are those who do not understand how to use it nor take the time to really learn about how it all works. Or those who got a message saying they had some earnings and thought they were going to be able to 'get something for nothing' and were upset because they found out that yes, the earnings are for real but if you want to keep them and cash out (if they were only gained from using the I'll Pay Later account aspect) there is a fair usage fee 1.5% of the IPL amount used. Only those who don't take the time to learn and do the actual research think it is not for real.

Speaking from experience I can say it is for real and not a scam. I can provide proof of my cash outs if needed :RpS_smile:

I'm willing to give you the benefit of the doubt. Can you explain how the dollar amounts in the emails that state people have earned a certain amount money are calculated?

[JustTooMuchTime]

Information provided to the BBB on how FanBox operates:


"The BBB requested information from FanBox as to how their company operates so that the BBB can have a better understanding. The following is the company's explanation of how they operate.

Earnings:

FanBox pays users for providing valuable content to the web site. Content is only paid for by the top bloggers whose content receives the largest viewership.
Also, users can purchase access to other users' premium blogs. Users provide knowledgeable and entertaining insights for other users to purchase ranging from "How to Build a Home" to "Thoughts on how to be a better parent."

The FanBox site also has a marketplace where users can post products and services for sale by other users (similar to Ebay).
All earnings generated are available in the FanBox balance and can be used to buy other user's blogs, purchase products or services in the marketplace, buy advertising on the site or simply to cash out.

Users may purchase advertising on the FanBox site. If a user decides to purchase advertising but pay later; the user may utilize the invoicing program named, "I'll Pay Later". There is a processing fee associated with this program, which must be paid before earnings generated on the site utilizing"I'll Pay Later'' credits for advertising can be cashed out or utilized.
The I'll Pay Later Program grants the user an amount in ad credits (IPL Limit). These ad credits can only be used to purchase advertising to promote the user's own services or to promote products/blogs of other users, this is called Boosting. If a sale occurs from a user purchasing advertising to promoting another user's products, services, or blogs (again called Boosting)- then both the user purchasing the advertising and the user providing the goods share the revenue generated from the sale.

In order to activate the IPL Limit for use, the user must agree to the IPL terms through when logged into their account. Once a user begins to use their IPL limit, a processing fee will be calculated every month depending on the amount of ad credits they have utilized. Users can eliminate their processing fee by paying back what they have utilized of their IPL limit in full.
If a user decides not to pay off the IPL limit or associated processing fees, there is no collection outside the FanBox system. It does not adversely affect the user's credit ratings and no collection efforts happen. It simply will be shown as an owed amount on the user's FanBox account should they decide to keep their profile open and active. Users can terminate their FanBox profile at anytime, for any reason, automatically from the site or by contacting customer service.

How FanBox Works:

FanBox provides the opportunity for people to generate earnings by creating a profile and posting content, selling products or services, and advertising content. People can only create a new account if a friend with an invitation code invites them. To create the account, the person must enter the invitation code at the sign-up page and agree to the Terms and Conditions. Then, they must click the activation link sent to them after they have entered the invitation code.

FanBox interacts with consumers in a variety of ways. Consumers receive notifications with updates on the following: (i) earnings generated each day, (ii) IPL processing fees payment status,(iii) when an advertising or product listing is approved or rejected, (iv) if a charge will be applied soon; allowing the user to opt-out if they don't want to receive that charge prior to it occurring, and(v) reminders to protect their account by validating their mobile phone or email to protect their account against hackers.

We also support a group of Success Coaches that interact with consumers as well. Success Coaches are users who have qualified to teach others how to use the site. A consumer will be assigned to a Success Coach if they create an ad or listing, or if they select one from the Success Coach leader board. Success Coaches interact with consumers by helping them use the site. The community President (elected by the users on the site) interacts with consumers by posting blog posts visible to all users addressing common questions, upcoming features, and feedback requests. The President will follow up with user comments through these blog posts and through FanBox messages. FanBox also offers customer support to both Success Coaches and all other users in the following methods: phone, email, and chat. Chat customer service is available to users with a billing-related inquiry and can be accessed through a link provided in a notification they receive. Phone and email is available to all users. Below is our Customer Service contact information:
Customer Support: Support@corp.fanbox.com Billing Department: Billing@corp.fanbox.com Customer Support Phone Number: 1-877-978-1761

How FanBox Obtains Consumer Information:

Consumer emails are provided by a consumer's family member, friend, or acquaintance. The family member, friend, or acquaintance must know the consumer's email and choose to invite them by entering their email to be sent an invitation from the member to FanBox. The family member, friend, or acquaintance must manually select the option to invite their friends in order to grant permission to send an invitation email to their friends/email contacts.

To ensure only users who want to receive our emails are getting them; please note that all invitation emails sent include links within the email to unsubscribe from our mailing lists."

From:
FanBox Review - Online Social Media/Networking in San Diego, CA - BBB Business Review - BBB serving San Diego, Orange and Imperial Counties (http://www.bbb.org/sdoc/business-reviews/online-social-media-networking/fanbox-in-san-diego-ca-20007583)

[littleroundman]

http://www.dailymotion.com/video/x2y1vyx_fanbox-scam-review-how-to-delete-your-fanbox-account_school

[littleroundman]

http://imageshack.com/a/img661/9048/CniOY3.jpg

[littleroundman]

http://imageshack.com/a/img912/7350/vJ8xnj.jpg

The Email Admin.com (http://www.theemailadmin.com/2013/07/fanbox-spam-turns-into-costly-scam/)

[littleroundman]

https://www.youtube.com/watch?feature=player_detailpage&amp;v=t26kZyi49cw
http://imageshack.com/a/img538/786/FcfbZD.jpg

[EagleOne]

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.

[littleroundman]

http://imageshack.com/a/img540/9590/EGLElg.jpg

Texas Police News.com (http://www.texaspolicenews.com/default.aspx?act=newsletter.aspx&category=News+1-2&Startrow=1&MenuGroup=Home&NewsletterID=46178&AspxAutoDetectCookieSupport=1)

[ProfHenryHiggins]

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/images/reports/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/wfrmDocViewer.aspx/xq/fac.20110830_0001386.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/20010423023009/http://usps.com/judicial/1990deci/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/company/collegeclub-com-inc-75393-2512
http://www.sec.gov/Archives/edgar/containers/fix061/1102546/0000912057-00-018644.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-facts-buying-business-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.

[littleroundman]

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.

[laidback]

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!)"

[Fat City, LA]

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

[Soapboxmom]

Remember that clown of an attorney for Fanbox???

http://www.realscam.com/f8/fanbox-scam-legit-fanbox-lawsuit-against-numerous-does-2082/index2.html#post88171

http://www.realscam.com/f8/fanbox-scam-legit-fanbox-lawsuit-against-numerous-does-2082/index2.html#post88174

The clown is back.

11618

11622

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 (http://www.dmlp.org/legal-guide/california-defamation-law)

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.

[littleroundman]

http://imageshack.com/a/img661/8315/ol7EfA.jpg

http://imageshack.com/a/img912/1564/c4iM7A.jpg

Michael W Battin on the Navigato Battin Attorneys' navbat.com (http://navbat.com/the-attorneys/michael-w-battin/) website

http://imageshack.com/a/img538/2822/n9OeAI.jpg

Mike Battins' mikebattin (https://www.linkedin.com/in/mikebattin) profile on LinkedIn

[Soapboxmom]

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 (http://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 (http://www.glassdoor.com/Reviews/Employee-Review-Fanbox-RVW1923627.htm)
b. Fanbox - This company is notorious for changing their name to avoid their bad reputation, and angry customers. | Glassdoor (http://www.glassdoor.com/Reviews/Employee-Review-Fanbox-RVW3517304.htm)
c. Fanbox - Was Not a Good Experience | Glassdoor (http://www.glassdoor.com/Reviews/Employee-Review-Fanbox-RVW3526270.htm)
d. Fanbox - Horribly Unethical | Glassdoor (http://www.glassdoor.com/Reviews/Employee-Review-Fanbox-RVW3569690.htm)
e. Fanbox - It seemed ok, then the curtain was pulled back. | Glassdoor (http://www.glassdoor.com/Reviews/Employee-Review-Fanbox-RVW5711910.htm)
f. Fanbox - Any position at Fanbox | Glassdoor (http://www.glassdoor.com/Reviews/Employee-Review-Fanbox-RVW6766207.htm)
g. https://iscribbleanything.wordpress.com/2014/04/17/fanbox-is-back-again/
3
COMPLAINT

h. Is Fanbox a scam? - Ways To Make Money Online (http://www.waystomakemoney.eu/is-fanbox-a-scam/)
i. The great fanbox scam. · Digital explorations (http://adorio-research.org/wordpress/?p=13663)
j. FanBox: the latest in password scams - Steve Riley on Security - Site Home - TechNet Blogs (http://blogs.technet.com/b/steriley/archive/2008/01/07/faxbox-the-latest-in-password-scams.aspx)
k. Look a Virus!: How to Stop Receiving Fanbox Spam (http://lookavirus.blogspot.com/2008/05/how-to-stop-receiving-fanbox-spam.html)
l. liteleaf: How to cashout. Is fanbox.com scam, spam, fraud or not? Do they pay for blogs? Questions, Answers. (http://liteleaf.blogspot.com/2011/01/fanbox-scam-spam-fraud-payment-blogs.html)
m. Fanbox scam. - International Skeptics Forum (http://www.internationalskeptics.com/forums/showthread.php?t=248104)
n. http://recreateyourfinances.com/fanbox-scam
o. Fanbox Scam Review: What is Fanbox? (http://fanboxscamreview.blogspot.com/2014/04/what-is-fanbox.html)
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! :loser:

[Whip]

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 (http://www.bbb.org/sdoc/business-reviews/online-social-media-networking/fanbox-in-san-diego-ca-20007583/Customer-Reviews)

[Soapboxmom]

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

Anti-SLAPP Law in California | Digital Media Law Project (http://www.dmlp.org/legal-guide/anti-slapp-law-california)


You can use California's anti-SLAPP statute to counter a SLAPP (http://www.dmlp.org/legal-guide/responding-strategic-lawsuits-against-public-participation-slapps) 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 (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=425.10-425.18). 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....

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
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.....
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) (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=425.10-425.18).
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 (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=425.10-425.18) (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!

[laidback]

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!!!

[Soapboxmom]

Case Number
Party Name Matches
Opposing Party
Case Location
Case Type
Date Filed


37-2012-00090804-CU-BC-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201200090804&casesite=SD&applcode=C)
SMS AC
MBLOX INC
San Diego
Civil
01/17/2012


37-2007-00067066-CU-BC-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=200700067066&casesite=SD&applcode=C)
SMS AC
ENGEL, JERRY
San Diego
Civil
05/21/2007


GIC874290 (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=GIC874290&casesite=SD&applcode=C)
SMS AC INC
LOCAL CONCEPT INC
San Diego
Civil
10/19/2006


GIC828536 (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=GIC828536&casesite=SD&applcode=C)
SMS AC INC
CREALOGIX AG
San Diego
Civil
04/15/2004


37-2015-00025687-CU-DF-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201500025687&casesite=SD&applcode=C)
SMS AC INC
DOE, JOHN
San Diego
Civil
07/31/2015


37-2012-00092474-CU-EN-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201200092474&casesite=SD&applcode=C)
SMS AC INC
AEL FINANCIAL LLC
San Diego
Civil
01/17/2012


37-2011-00096972-CU-DF-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201100096972&casesite=SD&applcode=C)
SMS AC INC
DOE, JOHN
San Diego
Civil
08/26/2011


37-2011-00094627-CL-EN-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201100094627&casesite=SD&applcode=C)
SMS AC INC
MCDOUGLE, EDMUND C
San Diego
Civil
07/18/2011


37-2011-00087911-CL-EN-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201100087911&casesite=SD&applcode=C)
SMS AC INC
ORME, CARSON DANCE
San Diego
Civil
03/21/2011


37-2011-00084662-CU-BT-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201100084662&casesite=SD&applcode=C)
SMS AC INC
MANDENGUE, VICTORINE
San Diego
Civil
01/28/2011


37-2010-00104192-CL-EN-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201000104192&casesite=SD&applcode=C)
SMS AC INC
DECTOR, BREEANN
San Diego
Civil
11/12/2010


37-2010-00103792-CU-EN-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201000103792&casesite=SD&applcode=C)
SMS AC INC
WONG, CLAYTON
San Diego
Civil
11/05/2010


37-2010-00101242-CL-EN-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201000101242&casesite=SD&applcode=C)
SMS AC INC
SESSION, JARED
San Diego
Civil
09/28/2010


37-2010-00098799-CU-OE-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201000098799&casesite=SD&applcode=C)
SMS AC INC
ROSE, CHRISTOPHER
San Diego
Civil
08/24/2010


37-2010-00097892-CL-BC-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201000097892&casesite=SD&applcode=C)
SMS AC INC
YANG, ELISE
San Diego
Civil
08/13/2010


37-2010-00097671-CU-BC-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201000097671&casesite=SD&applcode=C)
SMS AC INC
LIN, ALBERT
San Diego
Civil
03/22/2010


37-2010-00097583-CU-PT-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201000097583&casesite=SD&applcode=C)
SMS AC INC
ABBEY, MACY
San Diego
Civil
08/10/2010


37-2010-00094963-CL-EN-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201000094963&casesite=SD&applcode=C)
SMS AC INC
LUEHRS, ADAM
San Diego
Civil
06/23/2010


37-2009-00097857-CU-BC-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=200900097857&casesite=SD&applcode=C)
SMS AC INC
GLOBAL PERSONALS LLC
San Diego
Civil
09/04/2009


37-2009-00091800-CU-BC-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=200900091800&casesite=SD&applcode=C)
SMS AC INC
CONNEXION SYSTEMS & ENGINEERING INC
San Diego
Civil
06/15/2009


37-2008-00086226-CU-OE-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=200800086226&casesite=SD&applcode=C)
SMS AC INC
SAPORITO, MATT
San Diego
Civil
06/23/2008


37-2007-00073092-CU-JR-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=200700073092&casesite=SD&applcode=C)
SMS AC INC
SADAT, MIR NEMATULLAH
San Diego
Civil
08/15/2007


37-2014-00019145-CU-CL-CTL (http://courtindex.sdcourt.ca.gov/CISPublic/casedetail?casenum=201400019145&casesite=SD&applcode=C)
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!

[laidback]

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...!

[Soapboxmom]

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.

[Soapboxmom]

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

https://roa.sdcourt.ca.gov/roa/faces/resources/images/search.png

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!

[Soapboxmom]

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

12093

The Fanbox attorney is demanding expedited discovery on www.wordpress.com (http://www.wordpress.com) , www.blogspot.com (http://www.blogspot.com), and Glassdoor &ndash; Get Hired. Love Your Job. (http://www.glassdoor.com). 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!

[Soapboxmom]

About 12,000 results (0.44 seconds)





Search Results

Fanbox Scam Review (http://fanboxscamreview.blogspot.com/)


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:

https://www.youtube.com/watch?v=ikssfUhAlgg

[Soapboxmom]

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!

[commando_d7]

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

[ribshaw]

"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...

12743

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 (http://kfor.com/2015/12/29/deadline-to-cash-in-on-sprint-and-verizon-refund-is-december-31st/), any interested parties will want to make certain the journalist listed official sites.


12744

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

12747

Verizon Wireless Premium SMS Refund Program (http://www.cfpbsettlementverizon.com/)

12745


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


is topclassactions.com a scam or legit | topclassactions.com trust reviews |check topclassactions.com for fraud and risk | is topclassactions.com safe or fake (http://www.scamadviser.com/check-website/topclassactions.com)



Scam or real? Unsolicited check arrives in Valley mailboxes - ABC15 Arizona (http://www.abc15.com/news/national/scam-or-real-unsolicited-check-arrives-in-valley-mailboxes)

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 (http://www.occ.treas.gov/topics/consumer-protection/fraud-resources/advance-fee-fraud.html)

12746

"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.

[commando_d7]

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.

[ribshaw]

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 (http://www.topclassactions.com/signup/).

Please let me know if you have any further questions.

Shawn - TCA Staff

[ribshaw]

She might be a he, tee-hee.

12757

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[littleroundman]

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 (http://topclassactions.com/start-a-class-action/) Doesn't read anything like what you just said.

Says it all, really, doesn't it ??

http://imageshack.com/a/img903/2664/hhgA8N.png

STAY AWAY

[Soapboxmom]

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?

[commando_d7]

Fanbox.com won't pay me my money either, that is legimately due to be paid to me.
And Empowr.com(same owners as Fanbox.com) withdrew money from my Paypal account without my authorization.

[commando_d7]

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!)"


Unfortunately, if devious corporations have the money, they can cause you time consuming and financial legal burdens:

LifeVantage/Protandim Statement (http://www.lazymanandmoney.com/lifevantage-protandim-statement/)

http://openaccess1.sanmateocourt.org/openaccess/CIVIL/civildetails.asp?casenumber=521137&courtcode=A&casetype=CIV&dsn=

[commando_d7]

Unfortunately, if devious corporations have the money, they can cause you time consuming and financial legal burdens:

LifeVantage/Protandim Statement

http://openaccess1.sanmateocourt.org...etype=CIV&dsn=

[commando_d7]

That's why Scam Reporting Website owners should create an "Associated Scam Reporting Website Owners Against Lawsuits". Of course, I guess if you have plenty money... Let us know if you're interested in this kind of protection: ec_progress@aol.com

[shipdit]

That's why Scam Reporting Website owners should create an "Associated Scam Reporting Website Owners Against Lawsuits". Of course, I guess if you have plenty money... Let us know if you're interested in this kind of protection: ec_progress@aol.com

Hi Commando,

I am more than a bit curious as to who the "us" is that you referenced above.

Thanks,

SD

.

[commando_d7]

Do you have a Scam Reporting website? Read the information.

[commando_d7]

"nigerian" is the worst name on the intenret

[ProfHenryHiggins]

"nigerian" is the worst name on the intenret

Now, now, Floyd. While I concur that the guymen or Yahoo-Yahoo boys of Lagos are a horrid blight on the ethics of the world, I would not smear an entire nation or even an entire tribe within that nation as the "worst." It's too broad of a brush.

[commando_d7]

who is this "clown" on the internet? We're trying to get something Positive done.

[commando_d7]

who is this "clown" on the internet? We're trying to get something Positive done.

[ribshaw]

"nigerian" is the worst name on the intenret

I'm rubber you're glue...


"
who is this "clown" on the internet? We're trying to get something Positive done.

Which is exactly what?

I've tried to engage you here and on my Facebook page where you posted the same silly garbage. Do you need some crayons or those refrigerator magnet letters to get started with your explanation?

All I see so far is someone running a reload scam on people that have already been burned.

[littleroundman]

All I see so far is someone running a reload scam on people that have already been burned.

While using a disposable email address and not the official contact address

[commando_d7]

Unfortunately, if devious corporations have the money, they can cause you time consuming and financial legal burdens:

LifeVantage/Protandim Statement (http://www.lazymanandmoney.com/lifevantage-protandim-statement/)

http://openaccess1.sanmateocourt.org...etype=CIV&dsn=

That's why Scam Reporting Website owners should create an "Associated Scam Reporting Website Owners Against Lawsuits". Of course, I guess if you have plenty money... Let us know if you're interested in this kind of protection: ec_progress@aol.com

Fanbox.com won't pay me my money either, that is legimately due to be paid to me.
And Empowr.com(same owners as Fanbox.com) withdrew money from my Paypal account without my authorization.

[Soapboxmom]

Unfortunately, if devious corporations have the money, they can cause you time consuming and financial legal burdens:

LifeVantage/Protandim Statement (http://www.lazymanandmoney.com/lifevantage-protandim-statement/)

http://openaccess1.sanmateocourt.org...etype=CIV&dsn=

That's why Scam Reporting Website owners should create an "Associated Scam Reporting Website Owners Against Lawsuits". Of course, I guess if you have plenty money... Let us know if you're interested in this kind of protection: ec_progress@aol.com

Fanbox.com won't pay me my money either, that is legimately due to be paid to me.
And Empowr.com(same owners as Fanbox.com) withdrew money from my Paypal account without my authorization.

http://www.realscam.com/f8/fanbox-scam-legit-fanbox-lawsuit-against-numerous-does-2082/index3.html#post95258

You said you received as Cease and Desist from Fanbox and would helping out fellow Fanbox victims specifically. Please post said letter with you personal info redacted and give us the name(s) of the lawyers that are willing to help Fanbox victims on a contingency basis.

[commando_d7]

http://www.realscam.com/f8/fanbox-scam-legit-fanbox-lawsuit-against-numerous-does-2082/index3.html#post95258

You said you received as Cease and Desist from Fanbox and would helping out fellow Fanbox victims specifically. Please post said letter with you personal info redacted and give us the name(s) of the lawyers that are willing to help Fanbox victims on a contingency basis.


Same letter as you got:
12833

This is a list of attorneys that say they will file class action lawsuits. They get paid from the lawsuit if they win.

Questions about Class Action Lawsuits | Jacoby and Meyers Law Offices (http://www.jacobymeyers.com/questions-about-class-action-l.html)
How Do I Start a Class Action Lawsuit? | About Starting a Class Action Lawsuit (http://www.girardgibbs.com/faq/how-do-i-start-a-class-action-lawsuit/)
The Mills Law Firm: Contact Us (http://www.millslawfirm.com/contact.html)
Questions about Class Action Lawsuits | Jacoby and Meyers Law Offices (http://www.jacobymeyers.com/questions-about-class-action-l.html)
Class Action Lawyers | Consumer Fraud | Whistleblower Law (http://audetlaw.com/)
About Lieff Cabraser: A Passion for Justice (http://www.lieffcabraser.com/About-Us/)
https://www.sadakafirm.com/class-action-lawsuits/
Anyone Want to be "Lead Plaintiff?" (http://class-actions.lawyers.com/anyone-want-to-be-lead-plaintiff.html)

[Soapboxmom]

Well, bless you. You have joined an honored club. Nothing says you are doing something right like a C & D!

[Whip]

http://www.youtube.com/watch?v=e-zaO-hUYag

[commando_d7]

‪#‎ClassActionLawsuits‬
YOU Can't Get Any Help unless you file complaints
https://oag.ca.gov/…/consumer-complaint-against-business-or…
Email ec_progress@aol.com if you have, or will, file complaints.

Consumer Complaint Against A Business/Company | State of California - Department of Justice -...
If you prefer to contact us by regular mail or have copies of documents to submit in support of your…
OAG.CA.GOV

[ribshaw]

YOU Can't Get Any Help unless you file complaints


This is very true.




#‎ClassActionLawsuits‬

Most attorneys filing this type of suit have a very good feel for if the case can be settled or won, and more importantly if there is money to be collected. Have you discussed this matter with any attorneys and if so what was the outcome?

‪

[Soapboxmom]

24


04/01/2016
Request for Dismissal without Prejudice - Entire Action filed by SMS AC INC.
SMS AC INC (Plaintiff)
Request for Dismissal without Prejudice - Entire Action



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:
Dismissed




Case Category:
Civil - Unlimited
Location:
Central




Case Type:
Defamation
Judicial Officer:
Eddie C Sturgeon




Case Age:
249 days
Department:
C-67




After all those threats and bravado.....