Legal Question in Technology Law in Illinois
Web Site Content Demands
I run a card collecting Web site. I sold items to an out-of-state collector. I sold items to her before without any problems, but this time the check bounced. I sent the items before I received the bank notice. The woman who sent the check refused to send me a valid payment (very difficult to deal with). I posted up her bad check (with account information blocked out) and hired a collection agency (she dodged them). I did contact the police regarding this, but they did not have enough as a financial loss to have the DA prosecute. More incidents regarding her were sent to me, and I posted them up, also. Just today (3+ months later), I received a certified return-receipt letter from her along with a payment (less than what I should�ve received for maximum bank fee penalty). In the letter, she stated that accepting this letter and money order is an agreement to remove her name and other information from my Web site. I'm owed the money for the bad check she knowingly sent me. Can I cash the money order and just update my incident (incidents with other collectors are still unresolved)? I never agreed to take anything down from my site, and I do not want. The incidents are posted to warn other collectors of her. What advice do you have?
2 Answers from Attorneys
Re: Web Site Content Demands
I think my colleague Curt Handley gave you excellent advice.
I would add a couple things. If the money order is, as I suspect, merely a money order with no extra language on it, I would suggest cashing it and sending a rejection letter as to her terms. Since the debt does not appear to be in dispute ( is it?) there is not likely any consideration for additional steps such as removing her name. You would however need to update the website to say that you received a payment in the amount of the money order you cashed, as otherwise you might be libeling her by leaving false information on the internet.
Good Luck, and thanks for sharing your situation on lawguru.
Re: Web Site Content Demands
You can proceed against her for the remaining amounts due you and you do not need to remove her name from your site SO long as she still actually owes you money... you have to be careful of libeling her, even if her behavior is questionable.
If there was a dispute as to how much the woman owed AND she was attempting a "good faith" settlement of her debt AND some language appeared on the check or in an agreement with the check about her payment being considered as settlement of the debt, cashing her check would have implications.
However, you can never simply send someone less than an agreed amount of a debt and call it settled... there has to be a dispute... otherwise, i.e. you could simply send in half of your car payment and say that if GMC cashes the check, they accept that as payment... your car payment is likely not in dispute. It looks like she is trying to do just that. Likewise, it sounds like she may have a history of doing this (there goes "good faith").
Hope this helps. Good luck!
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