9 On Your Side Investigation
More threats for Tucson mom accused of dirty deed
Video by kgun9.comvideo
Kentucky Attorney Ken Henry is filing a class-action lawsuit against 5 porn companies on behalf of anyone who feels they've been wrongly accused
This is the second threatening letter that Jenny Phan has received pushing for her to pay $3,500
The letters sent out to thousands of "John and Jane Does" are intimidating
Jenny Phan refuses to pay the porn companies saying "I didn't do it!"
Jenny Phan has been slapped with another threatening letter, now people like her are fighting back.
TUCSON (KGUN9-TV) - Jenny Phan's life has been pretty simple, until now. The mother of two takes care of her kids, she has a husband and she owns a nail salon on East Broadway. Now, she worries every day and feels that she's being harassed by attorneys known as "Copyright Trolls". They've accused Jenny of illegally downloading and sharing a pornographic movie.
Weeks ago, she got her first threatening letter. Now, she's been slapped with another one. These letters are pushing her to pay $3,500 and the porn companies will forget about it. If she doesn't, they're threatening to sue Jenny for copyright infringement which could cost her $150,000 and a lot of money in attorney's fees if they win.
A recent 9 On Your Side investigation revealed that there are as many as a quarter of a million people just like Jenny who say they're wrongly accused. Porn companies hired a technology company to come up with a list of IP addresses which they say they've connected to certain web users like Jenny. The attorney who has been contacting Jenny told her that even if someone else used her wireless signal, she's still legally responsible. Attorney General Tom Horne disagrees with that claim.
Jenny Phan refuses to pay the settlement money. "Because I didn't do it. Even if I had the money, I am not going to pay for anything that I didn't do" said Phan. That's exactly how Jennifer Barker of Kentucky feels. Five porn companies came after her, accusing her of watching another dirty movie.
Her attorney, Ken Henry told KGUN 9 that Jennifer was harassed at work.
"These shakedown artists called her work and left a voicemail that five or six other co workers had access to and heard. They called and talked to her supervisor and said she needs to call us and resolve this copyright infringement claim" said Henry. He added "They don't care if they get the right person or not, as long as they get money. They're making more money out of this extortion than they are by selling their pornography, I would guess."
Jennifer is fighting mad and has decided to give these Copyright Trolls a taste of their own medicine. Henry is filing a class-action lawsuit on her behalf, and soon enough, for anyone else in the county who's been wrongfully accused.
If these porn companies could make as much as $150,000, per case, if they take people like Jenny Phan to court then why are they pushing for these smaller settlements? Harper answered that question by saying "Not once, not ever anywhere have they tried any of these cases to a jury on the merits. The reason is, they know they can't win."
Jenny Phan is thrilled to hear about the class-action lawsuit. "I think it's great of her to do that . A lot of people didn't even stand up for themselves. They just paid. I feel good that she did that and is fighting back". Jenny filed a complaint with the Arizona Attorney General's Office.
If you've been wrongfully accused, you can too by clicking here. Scroll to the bottom of the screen to access printable or online complaint forms.