QUESTION
Can I try to negotiate a lower settlement offer with the company without other further bad consequences?
Asked on Aug 30th, 2012 on Intellectual Property - Pennsylvania
More details to this question:
I received a notice, as many other people, accusing me of having "engaged in the illegal copying and/or distribution of pornographic movies" where the company provides an online settlement offer with an expiration date. I am willing to take the settlement offer, but the amount at stake is large for me ($1000). In fact, the truth is also that I am truly sorry and do not think of illegaly downloading again.
Is it possible to try to negotiate with the company at stake - without a lawyer - to reduce the amount involved, without having them withdrawing or changing the current settlement offer?
Thank you.
1 ANSWER
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It is always possible to negotiate. You have the ultimate power here -- you can just say "no" and then they are forced to decide whether to sue you over what is essentially a small claim. They are under no obligation to adhere to their original settlement offer, but if the case goes to litigation, there will inevitably be a settlement conference at which you can whip out the plaintiff's pre-litigation settlement offer.
Answered on Aug 31st, 2012 at 12:03 PM