Why calm and legal advice are crucial
Received a warning letter from Frommer Legal? Here's how to respond!
The Schmidt family is shocked when they return from vacation and find an unexpected letter in their mailbox. The sender: the Munich-based law firm Frommer Legal. The content: a cease-and-desist letter for alleged copyright infringement. A recent movie is alleged to have been illegally distributed on a file-sharing platform via their internet connection. The demand: a payment of over €900 and the submission of a cease-and-desist declaration with a penalty clause.
A scenario that, in one form or another, affects dozens of households in Germany every day and causes enormous uncertainty. But what's really behind it, and how should you react if you're affected yourself?
What is Frommer Legal accusing you of?
The core allegation in Frommer Legal's letters is usually copyright infringement through the unauthorized public disclosure of a work via an internet file-sharing platform. Using special software, the IP address of the connection through which the infringement is alleged to have occurred is determined. Based on this information, the connection owner is then identified and issued with a warning.
As a rule, the submission of a cease-and-desist declaration with a penalty clause and the payment of a lump sum settlement amount are required, which is intended to cover both damages and the opposing party's legal fees.
The 3 most common and expensive mistakes in a warning letter
Given the intense pressure created by the lawyer's letter, many affected individuals tend to react rashly. However, these reactions can significantly worsen the situation:
- Sign the enclosed cease-and-desist declaration: The declaration pre-formulated by Frommer Legal is often too broad and can be interpreted as an admission of guilt. Furthermore, you are binding yourself to a contract for 30 years, which can result in hefty penalties for future violations.
- Paying the demanded amount prematurely: Making a payment without legal review is also tantamount to an admission of guilt. Often, the amount of the claim is contestable, or in some cases, you may not be liable at all.
- Contact the law firm yourself: Any communication with the opposing party without legal representation is risky. Inadvertent statements can be used against you later and weaken your negotiating position.
The right way: Keep calm and seek legal advice
If you've received a letter from Frommer Legal, you need to act prudently and strategically. First, note any deadlines and don't let them slip away! Contact a specialized lawyer immediately.
At the Kramarz Law Firm, we analyze your case and review the legality of the cease-and-desist letter. Often, a modified cease-and-desist letter can be drafted, which provides you with legal protection without constituting an admission of guilt. Further information on this topic can be found in our detailed article on cease-and-desist letters from Frommer Legal .
The Kramarz Law Firm, led by attorney Christian Kramarz, LL.M., a specialist in copyright and media law, as well as information technology law, has over 15 years of experience at its disposal. We will assess your individual situation and develop the best defense strategy for you.
Take advantage of our free initial telephone consultation to discuss your options. You can reach us at +49 6151 2768227 , by email at anfrage@kanzlei-kramarz.de , or via our contact page at kanzlei-kramarz.de/kontakt . Act now and receive professional support.
(RED/KRAMRZ)
