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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20357
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I received yesterday a letter from Comcast about downloading

Customer Question

I received yesterday a letter from Comcast about downloading content without permission. They said on the letter that Comcast will provide name, address and other information as directed in the Order and Subpoena unless an attorney files a protective motion to quash or vacate the subpoena. What should I do?
JA: Because laws vary from place to place, can you tell me what state the subpoena was issued in?
Customer: Houston Texas
JA: Has anything been filed or reported?
Customer: United Staes Distric Court for the Southern Distric of Texas
JA: Anything else you want the lawyer to know before I connect you?
Customer: just legal advice
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Marsha411JD replied 11 months ago.


Thank you for the information and your question. I can't tell you what to do since I am not, and cannot be, your attorney. You can consult with a local intellectual property attorney or criminal defense attorney who deals with copyright violations to discuss the specifics of your case to determine if you have any basis to object to the subpoena. I will tell you that it is almost impossible to quash these subpoenas unless someone has real evidence that the other party has the wrong account number/IP address.

So, that means that if there is no basis to quash the subpoena, the other party will receive your information and will likely send you a demand letter for money for the copyright violation. You can read about this issue at the following link:

It is a very good article that discusses the state of the law, the process, and some possible defenses. You can decide, after reading that in light of your specific set of facts, whether to hire an attorney or not.

Please feel free to ask for clarification after you have read the information at the link I provided. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 11 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 13th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.