MyNutritionStore.com v. Forte [1]

On June 18, 2008, a lawyer for Mynutritionstore.com, a provider of "science based Nutraceuticals" and "turnkey Internet business opportunit[ies]," sent an email [2] to Julia Forte in which he threatened to sue her over user comments [3] on the website she runs, 800notes.com [4], that hosts a forum for the discussion of telemarketers.

According to an email [5] and follow up demand letter [6] from its counsel, Mynutritionstore.com asserted that comments on the site defamed the company and its owners and stated "all we want are the references to mynutritionstore.com, Jim Stepanian, Nicole Stepanian and their number (888) 712-3888 filtered from your site."

After Forte responded [7] that she was immune from liability under section 230 of the Communications Decency Act [8] (CDA 230), which protects interactive website operators from liability for the comments of their users, Mynutritionstore.com responded [5] that unless Forte removed the user comments, it would seek injunctive relief and sue her "as a necessary party to the complaint. Unfortunately, you will likely need an attorney and will likely have to pay to defend yourself – if it comes to that."

In a response letter [9] to Mynutritionstore.com's lawyer Thomas Georgianna, Paul Alan Levy, who represents Forte, warned that bringing her into the suit for the purpose of running up her costs, even though she cannot be held liable, would constitute an abuse of process and likely result in an award of fees under the California anti-SLAPP statute.