Receiving a subpoena notification letter from your Internet Service Provider (ISP) brings up a long list of questions. What is a subpoena? What is a notification letter? Am I in trouble? What information do they want about my internet activity? Even just the word “subpoena” evokes every legal drama you’ve seen on television or at the movies. With this article, Shuttleworth Law P.C., and our talented team of Strike 3 defense lawyers, aim to demystify the process, explain the reasons behind such a notification, and provide guidance on how to respond.
Notification Letter
A subpoena notification letter is to tell you that your ISP has received a subpoena looking for your identifying information as the subscriber to your internet service.
You may have received this letter because a company filed a lawsuit against a “John Doe” defendant. They then likely got court permission to issue a subpoena to your ISP to obtain your name and address. The notification you’ve received is usually required by law or court order.
You must pay attention to the details in this letter. It contains important deadlines, both in the letter itself and on the subpoena enclosed in the envelope.
Understanding Subpoenas
A subpoena is a legal document issued by a court or government agency that commands an individual or entity to provide testimony or produce evidence. When your ISP sends you a subpoena notification letter, it typically means they have received a subpoena duces tecum, compelling them to provide your identifying information, like your name and address.
Why Would an ISP Receive a Subpoena?
ISPs can receive subpoenas for various reasons, often related to investigations involving online activities. For example, if you’ve downloaded or shared files or videos, which someone else created, then you might be facing an intellectual property infringement claim from the content creator/company. This especially may be the case if you’ve used the popular peer-to-peer (“P2P”) file-sharing called BitTorrent.
A company called Strike 3 Holdings, LLC, files an incredible amount of lawsuits for copyright infringement, and then they issue subpoenas on many ISPs to obtain subscribers’ names and addresses. The ISPs then have to notify their subscribers (customers) of the demand for their identifying information.
You can learn more about Strike 3 Holdings, an aggressive filer of these types of subpoenas in our previous blog post “What Is Strike 3 Holdings, LLC.”
Strike 3 Holdings isn’t the only company that does this. Other companies take an aggressive approach to intellectual property claims, which may trigger a subpoena notification letter. Software/application development companies do it all the time. However, they don’t do it on the massive scale that Strike 3 Holdings does, and they’re unfortunately good at it.
Copyright infringement is one of the most frequent reasons ISPs receive subpoenas. If a copyright holder believes their content has been illegally shared or downloaded via your IP address, they may seek a subpoena to obtain your identity from the ISP. Your ISP is then required to notify you. This information then allows the company to amend the civil action complaint to name you as the defendant in the copyright infringement case. They can only do this if they believe you have accessed, downloaded, or shared their product without permission.
Importantly, there not suing you for chump change. They’re usually suing you for tens of thousands of dollars. 💰💰💰
What Should You Do If You Receive a Subpoena Notification Letter?
If you receive a subpoena notification letter from your ISP, it’s important to act carefully and promptly. Read the letter carefully to determine, if you can, exactly what is being requested of your ISP and who is making the demand. The next step is to seek out an experienced copyright infringement attorney who knows how to fight or negotiate your case against these companies.
DO NOT attempt to erase anything related to your internet activity, close your account, or destroy your pc/laptop or modem, as these actions may be considered to be new illegal activity for which you might be held responsible. Also, DO NOT contact the company that is trying to sue you. INSTEAD, call an experienced lawyer who handles these cases first.
At Shuttleworth Law P.C., our experienced copyright infringement and Strike 3 Holdings defense lawyers will help you understand the implications of the subpoena, protect your rights, and guide you through the legal process. We will help you evaluate your options, determine exactly what information is being requested, and what your legal exposure may be (if any). We’ll also create the best way to defeat the demand or negotiate a reasonable resolution on your behalf.
Potential Consequences
Failing to respond appropriately or ignoring the notice from your ISP can have significant consequences, such as having to pay tens of thousands of dollars in damages, their attorney’s fees, and court costs. It can also lead to you having to comply with an injunctive order against you. Non-compliance, or failure to adequately address the subpoena can negatively impact your case if the matter proceeds to court.
Related Article: How Do You Settle with Strike 3 Holdings?
Related Article: How Much Could a Strike 3 Holdings Lawsuit Cost if Ignored?
Privacy Concerns
Receiving a subpoena notification raises legitimate privacy concerns. While a general right to privacy does exist, there are limitations to such privacy protections in certain circumstances. Your ISP is obligated to comply with legal requests but it also has a duty to protect your information and data. It is important to confirm that your ISP is ONLY disclosing information explicitly requested by the subpoena. You also have the right to contest the subpoena if certain circumstances are present. Regardless of state law, the right to privacy is broad and we at Shuttleworth Law P.C. believe everyone has the right to personal privacy. Our firm has extensive experience litigating issues concerning subpoena notification.
How the Strike 3 Defense Lawyers at Shuttleworth Law P.C. Can Help
Get a free consultation by calling 888-529-3486 or by messaging us confidentially online. We will carefully review the details of your case, assess the evidence against you, and develop a strategic defense for your specific situation. Our copyright infringement attorneys can meet with you in person or via secure video conferencing. Our offices are conveniently located on Mantua Pike in Wenonah, NJ, or by appointment in Pennsylvania.
