ACS Law new claims

25 January 2010

ACS Law's new campaign

A new campaign appears to have been instigated by ACS and its clients (often, but not always Digitprotect). The advice remains the same. Please do not ignore the letters as claims have been issued against the recipient. You must engage either through a Solicitor or through the useful and free websites which offer valuable advice. It is important to remember at all times that the claim cannot be proven unless a) you admit the claim and or b) your hard drive is examined. In the absence of your admission then it is hard to see how a claim can be successful. However often (nearly always) this is not the point. In our experience, many recipients of these letters do not have the financial means or the legal knowledge to defend these claims and often end up paying the sums claimed.

Best advice is to ensure your wireless router is protected with a password and above all please respect the copyright of the rights holders. However if you receive a letter please do not make any admissions until you have had the chance to speak to someone who is experienced in these matters.

We advise all individuals who have received a letter to be aware of the following remedies available to the other side for infringement of copyright include:

(i) damages;

(ii) an injunction;

(iii) delivery up of all infringing material;

(iv) an account of profits;and

(v) costs

Michael Coyle is a Solicitor Advocate and can be contacted at michael.coyle@lawdit.co.uk