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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17100
Experience:  Licensed Texas General Practice Attorney
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I signed in to a website named dialee with a wrong profile

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I signed in to a website named dialee with a wrong profile to start with. I changed it to the correct one and didn't use the wrong one that I made the mistake with in the first place. The legal department of the site contacted me and said that I was sending mass commercial spam, soliciting,extortion,etc..as there legal issue for the profile I had not used in the first place. Because of it being the wrong one put together. As I exclaimed early in the paragraph. I did not use that and instead us. They want to eventually press charges on the website that i founded the profile with the wrong information that was flirting with myself when I didn't even send anything to begin with. What do I do and what do I say. Because I called them in France of all places and spoke to a lady who said not to worry that she would delete the wrong profile that I thought someone else may have used my profile. Because I didn't have spyware at the time and found scammers on my computer. Any advice is welcome. I've called the police and they told me to stop talking to them. I'm just worried this will haunt me. Do I worry...?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I am sorry to hear about your situation, but you are pretty much safe. The reason that you should not worry is that for them (or anyone) to press charges against you for anything illegal, they would have to prove that it was you that actually did this. Typically this is through seizing a computer (which they would only do if there was compelling evidence, i.e. "probable cause", to do so), as well as tracing IP addresses, analyzing the spam, solicitations, extortions, etc... and finding out where any "payments" are paid to (typically some scamming location such as Nigeria, Jamaica, China, etc...), and determining if that fits the typical spyware profile or if it's "unique". If it was spyware, I would say that there's a 99.99% chance that it would fit the "typical" profile.

ScottyMacEsq :

Criminal prosecution (or civil lawsuits, for that matter) require proof of intent.

ScottyMacEsq :

Without them being able to show that these spam messages, extortions, etc... actually originated from you (rather than your computer through some malware, or your account through some misappropriation of your account) no one has anything on you.

ScottyMacEsq :

Finally, even IF it were possible to prosecute for negligence alone, the scope of the problem would make your situation incredibly unlikely that they would prosecute. The reason is that this happens to tens or hundreds of thousands of individuals, if not more. No one has the resources to prosecute even 1 percent of those cases. So if it were possible to prosecute in your case, you would have a better than 99% chance of not being prosecuted.

ScottyMacEsq :

But since I said before that they can't prosecute unless they have proof that you actually intended to do this AND did it, they couldn't successfully prosecute.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer: To be honest the profile I think that I followed up with them and told them about the possibility of it being a mistake was it signed me up as a man to man instead of man seeking woman. The profile I've got now is the man to woman and I've still not even use that one. So, I followed up on it and found no other problems with the man to women profile. Just the one they question me on got to personally...any further advice?
ScottyMacEsq :

No. Again, legally speaking, if there was anything they could do to you, they would have to prove your intent AND your action. Without both intent and action being proven, there is no case.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq and 2 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
I rated good service and it states it on my screen. What to I do. To send it through...
That's all that you need to do. Thank you, and again, good luck to you!