Advice sought: strong libel case (I think)

[[email protected]]

I am located in Massachusetts.

Some months ago, I met a woman over an Internet dating site. We dated
for a while, and recently the relationship ended badly.

Shortly after our breakup, I received email from the abuse department
at the dating site. They indicated that they had "received
information" that I had violated their Acceptable Usage policies, and
that my account was being summarily terminated. The email further
indicated that, if I wanted more information, I would need to issue a
subpoena to obtain it.

I was a "charter member" of that dating site, meaning that they were
not charging me membership fees; it was a free, lifetime membership.
That membership is now terminated, and I was given no reason as to why.

I conducted myself properly on that site, so I'm pretty sure I know
what happened: the woman I dated became vindictive, contacted the
site's abuse department, and made claims against me that they took
seriously enough to warrant terminating my membership.

I believe the woman made erroneous, libelous statements about me.

Onto my questions:

1.) The dating site is in Texas. I don't understand the bit about
the subpoena. Don't I need to bring some sort of action against the
dating site in order to obtain a subpoena? I suppose that, with it,
they can disclose the putative email that my ex sent. I need help
understanding that piece of things. Does the notion of a subpoena vary
from state to state?

2.) Suppose I am able to obtain a subpoena, and I get to see the email
my ex sent. Suppose then I see that she made completely false,
libelous statements about me, and that I can prove this in a court of
law. (Also, I think she'd be too frightened to perjure herself). Is
this an easy case? To a layperson like myself, it seems
straightforward enough.

3.) What could I expect to collect in damages? I would be asking for
a.) A retraction of her libelous statements against me in hopes of
getting my account reinstated. Barring that, I'd be asking for b.)
Several thousand dollars in compensation for my lost dating account,
and c.) Attorney fees, or punitive damages if attorney fees are unavailable to me. Are these remedies reasonable to expect? (Don't know if my MA residence makes a difference in all of this or not.)

Any information provided would be greatly appreciated - thank you!

 

[stephenk]

exert your time and effort in signing up with another online dating service.

 

[[email protected]]

But, the point is, my membership was free. The site charges around $200/year for their service. I had a lifetime free membership on the what is probably the country's preeminent dating site. This, in my mind, was an asset of tangible monetary value, and non-tangible personal value. I should be entitled to remedies for having this asset misappropriated from me.

No other dating site has a subscriber base like they. They're the best, and now I am persona non grata there.

I now have to pay to go elsewhere. I may never be able to get that account back. If I have to pay to go elsewhere, I should be compensated for having to do so by the vindictive individual who libeled me and got me booted.

 

[stephenk]

The problem is you don't know who complained or if anyone complained. The only way to find out would be to file a lawsuit in Texas against the company and if your case survives a demurrer or motion to dismiss then you can conduct discovery to find out why you were kicked out.

How did you get a free membership in the first place?

 

[[email protected]]

> The problem is you don't know who complained or if anyone complained.

True that I don't know for certain, but I am quite willing to bet that my ex-girlfriend complained, and that she libeled me. I'm sure enough so that I'm willing to go through some expense for a subpoena.

>>>>>
The only way to find out would be to file a lawsuit in Texas against the company and if your case survives a demurrer or motion to dismiss
<<<<

Is that the same thing as a motion to quash?

>>>>
then you can conduct discovery to find out why you were kicked out.
<<<<<

Interesting ... sounds complicated. Is this something I can do myself as a layperson with some research? I did find some websites advertising businesses that write up and serve subpoenas, but I could find no information as to fees. Any idea how much something like that would cost? Would I be best served by finding a lawyer (or one of these businesses I mentioned) in Texas?

> How did you get a free membership in the first place?

Ten years ago, the dating site was new, and offered its services for free; I was part of their earliest subscriber base -- a charter member. When they started charging for their services in 1996, they extended free, lifetime memberships to their charter members. The company charges some $200/year for membership now, so it really was a fairly significant asset that was essentially misappropriated from me.

Thank you for taking the time to respond to my post!

 

[stephenk]

it is the type of case you should consult with an attorney. How much $$ are you willing to spend to find out why you were booted out of the site?

Have you ever followed up with the site to find out specifically what the complaint was about you, without them telling you who made the complaint?