VeriResume v. Marshall (Email) [1]

Tabatha Marshall runs a blog and website at TabathaMarshall.com, on which she writes about suspicious online job solicitations and so-called "phishing [2]" practices. Part of her site consists of the "PhishBucket [3]," a "directory of companies / individuals suspected of targeting job seekers with deceptive offers." Included in the PhishBucket is an entry for "VeriResume (Internet Solutions)," which bears the statement "Pending Investigation Phisher" at the top-right of the page. The entry also contains physical and web addresses for the company, links to posts about it (internal and external), and names of affiliated companies. The PhishBucket also includes entries for other companies operated by Internet Solutions Corporation, including Ask America, Too Spoiled, and USA Voice.

Marshall's site also contains articles relating to her research and views about certain companies and their online job solicitations. Among these is a post [4] entitled "Something's VeriRotten with VeriResume." In this post, Marshall excerpts a sample email from VeriResume soliciting job applications, criticizes the company's position on resume fraud, and links to other sites (like the Better Business Bureau [5]) with information about VeriResume and Internet Solutions. She invites readers to "[c]heck out the research and YOU decide if you want to give them your info."

Several users submitted comments to the post that were critical of VeriResume. One user, who claimed to be a company employee, alleged that the company engages in a "bait-and-switch" routine after applicants submit their information, according to documents attached to the complaint. In an update to her original post, Marshall summarized these user's comments and expounded on the situation.

Starting on October 30, 2007, a representative of VeriResume (or Internet Solutions -- the record is not clear on this point) contacted Marshall via email, claiming that information about VeriResume and other companies posted on Marshall's website was incorrect and asking her to remove it. According to Marshall, the company representative also contacted her landlord, claiming that Marshall was operating a business in her house, a claim that Marshall disputes.

On October 31, 2007, Counsel representing VeriResume and ten other Internet Solutions-affiliated companies sent a cease-and-desist letter to Marshall via email. Marshall did not open the attachment because she did not recognize the email address of the sender. She received a hard copy of the letter on November 5, 2007, after a lawsuit had already been filed. The letter demanded that Marshall cease and desist from defaming the companies by characterizing them as "phishing" enterprises or "scams." It claimed that these and other statements were actionable under "numerous legal causes of action," including "libel, defamation, and tortious interterference with business contracts and business relationships." The letter further requested that Marshall remove all references on her site to any of the ten companies, and advised her that suit would be filed if she did not comply by 5pm the next day.

On October 31, counsel also sent a draft copy of the complaint, which was filed in federal court in Florida the next day. (For more information on the related lawsuit, please see the CMLP database entry, Internet Solutions v. Marshall [6]).