By telling a creditor who ignores my inquiry disputes that if he keeps ignoring me I will report them to the Federal Trade Commission, BBB, and their city newspaper? I was writing this letter at work and a friend who was asking me how to fix her credit said she thought it could be construed as blackmail. Please let me know (especially resident lawyers) so I can decide whether to send the letter.
That is not blackmail. It is your right to complain or file grieveance with the appropriate consumer protection agencies. It is definately not blackmail.
I don't think it's blackmail, but I don't think you're going to get much results from the FTC, BBB or the local newspaper over inquiries... The only thing that will get their attention is going to be a court notice...
Your friend at work somehow believes that every threat can be construed as an instance of blackmail, and fortunately that's not the case. You might let her know that blackmail is when you threaten to use damaging personal information in order to coerce someone to alter their behavior. Example: "If you don't give me a promotion, I'll send your wife these pictures of you having sex with the restaurant hostess." If, on the other hand, you are threatening to take an action that is within your right which doesn't involve damaging personal information, that's not blackmail. Example: "If you don't give me a promotion, I'll have the Equal Opportunity Commission investigate this company." Another example of a threat which wouldn't qualify as blackmail: "If the cook overcooks my steak a third time, I'll report this restaurant to your district manager and to the Better Business Bureau." (On the other hand, this would qualify as blackmail: "If the cook overcooks my steak a third time, I'll mail his wife pictures of him having sex with the restaurant hostess.") Ok, I'll stop giving these examples. It's late, and the restaurant hostess is waiting for me. Doc
By the way, there are two other kinds of threats that don't qualify as blackmail but are still illegal: The first is called extortion. That's when you simply threaten to hurt someone personally in connection with a request for personal gain and WITHOUT using damaging personal information. Here's an example of extortion: "If you don't give me a promotion, I'll have my friends find you one night and break your legs." Here's another: "If you don't give me $100 a week as a protection fee, I can't guarantee your family's safety." (The lack of damaging personal information keeps these threats from qualifying as blackmail, however since it's not within your right to have someone assaulted and battered this would qualify as extortion.) The other kind of threat that doesn't qualify as blackmail (or extortion, for that matter) is a simple assault. An assault is when you make someone else feel threatened, even if it's only with words; a "battery" on the other hand is when you go ahead and touch the other person physically. So, for example, if I walk up to you and say only, "I'm going to bust out your teeth," that's an assault -- even if I don't follow through. On the other hand, threatening someone with something that is within your right isn't an assault. Example: "I'm going to report you to the IRS." Ok, I think we've covered all bases (although I'm sure one of the lawyers among us here will prove me wrong of course, lol). I hope your friend is now adequately edified. Doc
Of course it isn't blackmail. Doesn't even come close. While complaining to the BBB and other such agencies may seem like a waste of time and effort it can have devastating resuts in many instances. It depends upon the viewpoint of the company about it's public image. If it is truly a sleazebag company then your complaints will fall on deaf ears. If it's a company that is extremely sensitive about it's public image and the company's role in community affairs as many are, then they can't stand to have a tarnished image. They will do everything in their power to make sure that such complaints are attended to quickly and efficiently. Many companies spend big bucks to build that public image and they defend it vigorously. Sleazebags couldn't care less. It's a crepshoot You puts your money on the table, you rolls the dice and you takes your chances.
These are major banks that are not of a subprime nature. Some do credit cards, some do savings and checking and loans and credit cards......
Follow doc's example of assault. Walk up to them and look them square in the eye, get a mean looking snarl on your face and tell them "If you don't do what I tell you to do I'll cut up your credit card, check book, whatever" and here are some real nasty tricks you can play on them. Go up to the building at night and squeeze a tube of super-glue into each of their keyholes. Go rent a safe deposit box if they offer them. Then after you have your new safe deposit box go back the next day taking a dead fish with you. Put it in your safe deposit box and squeeze a tube of superglue in the box and quickly take it back and put it in it's slot and leave the bank quickly. When they finally figure out which safe deposit box that horrible smell is coming from and finally drill out the lock and come to take you off to the pokey you can always claim it was your grandma's pet fish and you wanted to keep it for posterity. Disclaimer: If you think you can do that stuff and get away with it, you are crazier than I am for suggesting it . If you are that dumb, don't blame me. But guess what? Somebody somewhere has done that long ago. Back in the hippie days as a matter of fact. That kind of junk was posted all over in the now long gone computer bulletin boards or BBS days. Kid tricks, but funny never the less.
Re: Re: Is this blackmail? I was worried about blackmail or extortion, and in doing a search I found this post. I was really afraid to put this sentence in my ITS letter to TeleCheck: "By my calculations, I am entitled to well over $X,XXX.XX. As a gesture of my goodwill, I am willing to give you approximately 30 days to respond to this letter, and let me know what you intend to do in order to avoid a lawsuit and repair the damage you have done to me. You may contact me in writing regarding this matter via fax at xxx-xxx-xxxx, e-mail at XXXX, or via U.S. mail at my home address. If I do not hear from you by XX/XX/04, I will file suit the morning of XX/XX/04, most likely in Federal District Court in demand of a jury trial." if anyone thinks it needs to be worded better, feel free to let me know.
Re: Re: Is this blackmail? Actually, Bill, all these tricks and more were in a book entitled "Steal This Book" by Abbie Hoffman (of the Chicago 7 fame). Abbie called this "Monkey Warfare" - a light version of Guerilla Warfare.