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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4213
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I live in Los Angeles County and and work for an answering

Resolved Question:

I live in Los Angeles County and and work for an answering service here. As part of our secure message delivery system our web site checks for IP addresses that are generating questionable traffic to the site. The tracking software noticed a set of IP addresses that were checking the site excessively on a daily basis and had no relation to any of our clients and so We Blocked access to the site from that IP Address.

The traffic was coming from an Answering service in Northern California. They are now trying to sue for blocking their IP. I was no aware that I was not allowed to block traffic from undesirable referers if so chose. Was I wrong? is there a basis for this kind of suit?
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.

Hi,

I am not aware of any kind of cause of action that could be correctly asserted against you under these facts. Your company is entitled to limit access to its website in whatever means it chooses.

You say that they are trying to sue you, have you been contacted by their attorneys?

Customer: replied 1 year ago.

Yes we have. This is a weird situation because this company is claiming we are a company that we are not. They haven't bothered to contact us to ask who owned the company, they simply sent us a cease and desist telling us to shut down operations, then began calling our trunk lines digging for information.


they have sent unsolicited mail to our clients who from what i can figure out left that answering service and came to us.


After the Cease and Desist was when they began spending a lot of time checking all of the URL's associated with our website, and since we do send Protected Health Information to Doctors via Email and SMS so at that point I blocked the IP's


It was a week Later We got a summons stating that they are suing this company but the names of the persons listed are not members of this LLC, never have been.


They feel this company is not legally operating. (We have the licenses and LLC if they bother to check the state website). nothing in there has any validity, but the lawyer that filed claims that we blocked them specifically to interfere with them checking into our company

Expert:  TexLaw replied 1 year ago.
Without having the benefit of seeing what they have sued you for specifically, I can tell this is probably more likely a tortious interference claim and/or unfair competition claim. It sounds like they are asserting that you are taking their clients and that their efforts to investigate were blocked when you blocked their IP addresses.
Since you have been served with a summons, you have to answer the lawsuit and make your defense. The LLC needs to assert that it is not the right party to the action. Perhaps you will be able to get the lawsuit dismissed against you if they have not sued the proper company. However, the first thing is to answer the lawsuit.
Does your company have any sort of insurance? If so, you need to send a copy of the lawsuit to your insurance carrier and ask them for coverage and a defense.
In the meantime, it would be wise if the company retained a local lawyer to handle the initial filing and potentially defend you throughout the case if the company does not have insurance coverage for this particular type of claim.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4213
Experience: Lead trial/International commercial attorney licensed 11 yrs
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Lead trial/International commercial attorney licensed 11 yrs