My week ended on such a high note today…I’m battling hard, fighting for such a simple but such an absolutely crucial point….
BANKS SHOULD NOT BE PERMITTED TO BREAK INTO AMERICAN’S HOMES!
Today the teams of bank lawyers ganged up again…they were demanding that I not be permitted to ask questions of the people they send in to kick down doors and break into homes. These lawyers really are the best of the best and they come loaded for bear. They tried their best to convince the judge that the manner in which they break into homes is….A TRADE SECRET….CONFIDENTIAL….SECRET FORMULA.
That’s right…that somehow breaking into homes is something like the secret formula for Coca Cola. When that attempt failed..they decided to attack me……accusing me….of all things….of being….GASP! A C0nsumer Advocate!
Thank you friend…..and yes. Guilty as charged.
I just LOVE IT when these clowns try the “trade secret” ruse, especially in the course of normal discovery matters.
It is one of THE easiest bubbles to pop once you know the basics of “trade secrets” as they apply to I.P. law.
A trade secret, as defined under 18 U.S.C. § 1839(3) (A), (B) (1996), has three parts: (1) information; (2) reasonable measures taken to protect the information; and (3) which derives independent economic value from not being publicly known.
Common to all such definitions: a trade secret is information that:
1. Is not generally known to the public.
2. Confers some sort of economic benefit on its holder (where this benefit must derive specifically from its not being generally known, not just from the value of the information itself).
3. Is the subject of reasonable efforts to maintain its secrecy.
The Uniform Trade Secrets Act (U.T.S.A.), published by the Uniform Law Commission (ULC) 1979 and amended in 1985, was a uniform act promulgated in an effort to provide legal framework for improved trade secret protection for industry in all 50 states within the United States of America.
U.T.S.A. § 1.4
“Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and
(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Almost without exception the *cockroaches* breaking into homes are hired as “independent contractors” to the servicers presumably in some misguided attempt to give themselves, (the servicers) some sort of perceived “arms length” distance from liability. (Nevermind the obvious legal *agency* implications for the moment), and quite clearly there are no reasoable expectations of some sort of “secrecy” simply in the process of hiring some guts in a trusck to go break into the homes that the SERVICERS and BANKS tell them to!
Perhaps it’s the specific type of Black & Decker electric drill and special drill bit that they use on the locks that must be maintained as a “trade secret”??
they are going to regret they continued pushing me on all these cases…i won’t stop until the 11th circuit reads fdcpa and tells me they disagree with your correct analysis
In addition to my other post:
These cockroach “property inspectors invariably leave a small note on the homeowners door or mailbox demanding that they get in touch with the servicer or entity named on that note they leave.
My question is if they are leaving notices for the homeowner to contact the servicer or other bill collection agency, then WHEN does a “property inspector” step over the legal line and now become a BILL COLLECTOR by virtue of his actions?
Certainly one is not obliged to leave a note directing a homeowner to immediately contact a bill collector if they are simply there to “inspect property” ??
The Florida Uniform Trade Secrets Act (“FUTSA”) is located in chapter 688 of title XXXIX of the 2007 Florida Statutes. FUTSA is largely identical to the Uniform Trade Secrets Act. For generally applicable information on trade secrets claims and defenses, see Basics of a Trade Secret Claim and Publishing Trade Secrets.
The statute of limitations for a trade secret claim in Florida is three years. See Fla. Stat. § 688.007.
fortunately, the judge has ripped this apart repeatedly….but they keep coming back….and they will continue.
The 2007 Florida Statutes
Title XXXIX
COMMERCIAL RELATIONS Chapter 688
UNIFORM TRADE SECRETS ACT View Entire Chapter
688.008 Effect on other law.–
(1) Except as provided in subsection (2), ss. 688.001-688.009 displace conflicting tort, restitutory, and other law of this state providing civil remedies for misappropriation of a trade secret.
(2) This act does not affect:
(a) Contractual remedies, whether or not based upon misappropriation of a trade secret;
(b) Other civil remedies that are not based upon misappropriation of a trade secret; or
(c) Criminal remedies, whether or not based upon misappropriation of a trade secret.
History.–s. 8, ch. 88-254; s. 20, ch. 91-110.
“Social Crusade” – upholding fact and law and due process; prosecuting criminal behavior; defending liberty and freedom; upholding 400 years of property rights, title laws, and 100 years of consumer protection laws…
Matt, you are in trouble, brother! 🙂
-Rob Harrington
yes, and I will pay a price….we will all pay a price.
as you know, I have been one of your most ardent admirers for these past 4 years. And I am surprised that you remain ambulatory on the surface of the Earth. I cite you the Missouri constitution Article 1 sec 6 concerning oaths to religious organizations. Although I am certain you did not understand what was going on immediately post JD degree, and the authorization to obtain a license to practice law in the future, with your membership in the BAR, you have become a priest of the middle temple; and not following the dogma of the craft is eventually a cause of action to come against you from the Baal of the temple. The Matrix is real. The illusion of reality has replaced actual reality. I pray a blessing from God upon you. Be careful Morpheus-san. You are definitely one of the remnant and we all will need you for the re-start of lawful government for the people in the state no matter what the corporations and US persons do who remain in commerce in this state. L -o-
i recognize the truth and very real reality in your crazy talk….it is revealed in so many ways…staring into the belly of the beast through all of this…feeling the tangible, real presence of very real evil when I strike closer to this. they will undoubtedly strike, of that I have no doubt but is it more dangerous to run straight forward onto the tip of their spear or wait until it hits my back?
Not so fast with that guilty plea, Mr Weidner.
It’s dangerous to plead guilty to anything.
Next they will accuse you of being “a free thinker” and although it’s not a crime yet ‘depends on how you read the Patriot Act’ the ex post facto clause in the constitution is being ignored, and free thinkers and consumer advocates, being seen as the cause of the nations problems, could face criminal prosecution.
surely it’s coming …. how dare we challenge the fascist state? see you in the camps..you’re on the list.
Breaking and entering and criminal trespass is a trade secret? The old mafia never thought of that. They never had the disrespect for our system of laws that the banks display. A crime is a crime. Pure and simple. How to commit a crime and the underlying criminal conspiracy is not and cannot be a trade secret. Everyone knows how to commit crimes. That is why we have to prohibit and penalize criminal conduct. What an absurd argument!
So, your opponents are representing a criminal conspiracy (calling it a “trade secret” is an admission of INTENT) and you are GUILTY of being a CONSUMER ADVOCATE.
A lot of the consternation comes from crimes actually being committed in civil courts where many of the best consumer lawyers have a contract, transactional or other civil law background. You are suing criminals in civil court and they dare not start pleading the Fifth Amendment right against self-incrimination because that gives rise to a negative inference (that the testimony would be against penal interest.) Press the issue of trade secret. Make them demonstrate that their criminal conspiracy is a trade secret.
Get live participants on the witness stand and see if they don’t end up pleading the Fifth Amendment. If they do not plead the Fifth Amendment, you know that they do not fear criminal law enforcement. Nevertheless, no civil court can find that the plan to commit crimes is a trade secret. (It must be very hard to practice law in Florida. Is there any sense of right or wrong left in the courts anymore?)
It’s not just Florida; Amerika is a corporate fascist state. The courts, the legislature, the executive exist to protect and promote corporate interests. Law enforcement exists to protect corporate masters. The arrogance and attacks I face for fighting this issue are mind blowing…they’re coming at me hard because I dare to say this is wrong. And, most chilling, I have yet to find a judge to really pound this. I am hopeful the federal court in Orlando will….they have on two occasions found the conduct “extreme and outrageous”…a court cannot so find and then not punish……can it?
Thank you for all your efforts.