RE: Takedown Request Pursuant to Unauthorized and Abusive Use on Badbizreport.com
To Whom It May Concern:
Our firm represents Christina Gagnier (“Our Client”). Since 2016, our Client has been the target of vicious harassment waged by Ms. Yan “Elle” Bi, who we believe has used the badbizreport.com website to continue the harassment. It has come to our attention that the website located at badbizreport.com is impermissibly hosting: 1) Libelous content defaming our Client; and 2) Abusive content enabling the harassment campaign against our Client. Specifically, the content posted on badbizreport.com is erroneous as it was written from the standpoint of an alleged client, which we know is false. Moreover, the person who we believe wrote the post, Ms. Bi, was not a client of Christina Gagnier. Ms. Bi was the opposing party in a case, against a client of Christina Gagnier. Thus, the content on badbizreport.com is baseless and blatently fallacious. See Exhibit A.
Commission of Civil and Criminal Offenses
The malicious, persistent, and abusive content posted on badbizreport.com is in violation of several other California civil and criminal laws. Our Client has additional claims under the following civil laws:
Defamatory and Abusive Content
The malicious, persistent, and abusive content posted on the badbizreport.com website constitutes defamation under California law. See Cal. Civ. Code §§ 44, 45(a), 46. Defamation includes publication of a statement of fact that is false, has a natural tendency to injure, and the defendant’s fault in publishing the statement amounted to at least negligence. With ill and direct intent, we believe Ms. Bi has maliciously, persistently and abusively posted content on badbizreport.com that contains defamatory content about our Client. This content is riddled with falsities that are not supported by any legitimate factual evidence.
Unauthorized Use of Personal Identifying Information
By using our Client’s personal information, including her name, occupation, and residence, to harass and defame our Client, Ms. Bi has violated California law against the unauthorized use of personal identifying information for any unlawful purpose. See Cal. Penal Code § 530.5(a).
By distributing the personal identifying information of our Client on badbizreport.com website, without consent, our Client has suffered emotional distress and badbizreport.com has engaged in cyber exploitation under California law. See Cal. Civ. Code § 1708.85.
By publishing false statements about our Client, badbizreport.com has tarnished our client’s reputation and violated California law against libel. See Cal. Civ. Code § 45.
By intentionally publishing false and offensive information about our Client, badbizreport.com violated California law against publishing information that casts the victim in a false light. See Gill v. Curtis Publ’g Co., 239 P.2d 630 (Cal. 1952).
Further, our Client will be filing a subsequent police report cataloguing evidence for violations of the following criminal laws:
By distributing and publishing the name, image, and location of our Client, badbizreport has caused our Client to reasonably fear for her safety and the safety of those around her. As such, badbizreport.com has engaged in cyber exploitation under California law. See Cal. Penal Code § 653.2.
Based on the foregoing reasons, our client will be filing a complaint with the California Attorney General’s office against badbizreport.com for violation of the California Online Privacy Protection Act, as well as a complaint with the Federal Trade Commission for violation of 15 U.S.C. § 45 for unfair and deceptive business practices. Moreover, our Client is considering filing criminal charges against the badbizreport.com website for violations of California Penal Code § 422 based on criminal threats, Penal Code §653.2 for posting harmful information on the Internet, and Penal Code §653(m) for annoying or threatening communication or contact by electronic device(s) with the intent to annoy, harass, or threaten. Therefore, our Client requests that badbizreport.com remove the infringing and abusive content. Please provide written confirmation within fourteen (14) days of this letter that you have complied with our requests.
Should you fail to provide confirmation of compliance with the demands included in this letter, our Client reserves the right to pursue legal action against badbizreport.com without further notice, which could include naming badbizreport.com as a defendant in a defamation or cyber exploitation lawsuit, as badbizreport.is is facilitating, and aiding and abetting such crimes. Moreover, due to the severity of the actions and abhorrent material that has been posted, our Client will subpoena badbizreport.is for the identification of the author of the content on the badbizreport.com website. The objective of such legal action will be to prevent further unauthorized and defamatory use of our Client’s name, images, and identity, together with the recovery of our Client’s actual damages, punitive damages, costs, attorneys’ fees, and any other available remedies, including criminal sanctions.
This letter is without any waiver of or prejudice to Ms. Gagnier’s rights, claims, remedies, or demands, all of which are hereby expressly reserved. If you have any further questions, please do not hesitate to contact me via email at firstname.lastname@example.org or via phone at (415) 795-1572.
Very Truly Yours,
Stephanie A. Margossian