S
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If a cable television provider doing business within New York State has lawfully obtained actual sales records of out-of-state providers of cable television decoding boxes and if the cable television company has demanded that the box provider's customers and box recipients each pay $3,500, or face a lawsuit claim of over $10,000 for "violation of 47 U.S.C. 605 and 553, and relevant state law and in breach of ... agreement...", my questions are:
1. Is the sale of and transfer of such a decoder box to a NY State resident confirmation of an illegal act?
2. If the sale noted above is an illegal act (and regardless of the possibility that the plaintiff is engaging in extortion), is that illegal act conclusive evidence backed by case law that the box was used in an illegal manner to steal from the plaintiff? Or, might the defense be that the purchase was for a possible pass-along to another, possibly in another state, or even that it was not ever used, but found not working and discarded?
3. Regardless of the suggested defenses, is proof of purchase of a decoder box sufficient to establish that there were money damages and sufficient to estimate the amount of the damages and claim those damages in civil court in New York State? Is there case law to back this up?
4. Is there a statute of limitations against filing such a claim by a plaintiff and from what point would the time limit be imposed?
5. Is this consumer extortion by the cable provider, and, if so, is there potential for a civil counter claim and is there potential for civil class action status?
6. If this is extortion, is it criminal extortion? If so, would this be state, or federal, and to whos attention might this be brought?
Thank you for your kind assistance.
1. Is the sale of and transfer of such a decoder box to a NY State resident confirmation of an illegal act?
2. If the sale noted above is an illegal act (and regardless of the possibility that the plaintiff is engaging in extortion), is that illegal act conclusive evidence backed by case law that the box was used in an illegal manner to steal from the plaintiff? Or, might the defense be that the purchase was for a possible pass-along to another, possibly in another state, or even that it was not ever used, but found not working and discarded?
3. Regardless of the suggested defenses, is proof of purchase of a decoder box sufficient to establish that there were money damages and sufficient to estimate the amount of the damages and claim those damages in civil court in New York State? Is there case law to back this up?
4. Is there a statute of limitations against filing such a claim by a plaintiff and from what point would the time limit be imposed?
5. Is this consumer extortion by the cable provider, and, if so, is there potential for a civil counter claim and is there potential for civil class action status?
6. If this is extortion, is it criminal extortion? If so, would this be state, or federal, and to whos attention might this be brought?
Thank you for your kind assistance.