some bull shit

Noah3

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I work for a small family owned brokerage. We move freight all over the United States and Canada. We post our loads for carriers to view on a dispatch board called "internettruckstop.com". They introduced an organized invoicing system a little while back called "itsdispatch.com". This program allows you to easily maintain your invoicing, billing, and record keeping for all the loads you have moved and shippers,carriers,receivers,and customers you have done business with.
Yesterday I got called in for a webinar. It was hosted by "Internet Truckstop" from internettruckstop.com and itsdispatch.com. The webinar was entitled "how to get more shippers, something like that, it ran from 4pm-5pm eastern time.
We all sit down to partake in this event, and it started off rather informative. The host was giving the viewers/listeners some good pointers on keeping a good relationship with the customer and first time impressions. It went on like that for the first 15 minutes, then the real point of the webinar became painfully evident.
They began to show off new features of their "finally finished" software, called shippermate.com. The remainder of the webinar was based around selling their new product. About 10 minutes into their showcase i realized that it was awfully convenient that shippermate was able to tell you what trucks move from what location during what time of year, also it was able to give an average rate for certain lanes. Most importantly, "shippermate" was able to provide an extensive list of customers,receivers,shippers,and carriers. When i say detailed I mean numbers,locations,contact names,what trailers the more commonly use,what lanes they use, what time of year they are most prominent, the list goes on.
My Mother is the owner and we looked at each other at the same time and i felt the color run from my face as i seen it do on hers. I felt sick to my stomach. I called "internettruckstop" imminently. We were sure that the information on this "shippermate.com they were advertising was all the information us and other companies alike have been putting into "itsdispatch"

Think about it, we've been giving them all the info through our invoices (which by the way, were supposed to be confidential in agreement to sign up with "itsdispatch.com" which is not free btw, membership is 1k a year for "shippermate" and 1k a year for "itsdispatch") we, and other companies like us, have been giving them everything they needed to compile a list that would show average rate for a lane, shipper,customer,receiver, and carrier info(like contact names you cannot find even with some leg work that took people years of ass kissing to get) what companies use what trailers and what companies are more prominent during such a time of year.
So i called mid webinar and talked to a csr she began telling me that everyone does that(uses that information to compile data and get averages and such, I said about them selling it back to us so all our footwork of getting and building these customer relationships over the years could be disclosed to anyone who pays 1k a year causing the industry to be even more dog eat dog then it already is. then(I'm not kidding) the phone started to act up on her end really badly like people were picking up the line a lot. All of a sudden her whole song and dance changed and she tells me that they did no such thing and all their information was legitimately obtained through the Secretary of State. Then she got really rude to me and said "I'm going to tell you this 3 times, we would not do that, we would not do that , we would not do that (literally told me 3 times) then she hung up.
At this point I was livid, it is clear that is exactly what they did. They let us, and other companies alike, pay them to give them all the information we worked so hard to get, and then after compiling all the data sold it back to us to sneakily profit from years of other peoples hard work without them knowing about it.
This is so wrong and it will introduce an enhanced level of cutthroat to the business.
My mother is terrified to take any legal action in fear they will shut down or redirect her account so that no carriers see our posted loads, but I think we should file an injunction against them. I think we should act NOW.
Does anyone that was patient enough to read this crap have any insight?
I have one idea I think its a really good one actually, but I'm worried to write it down seeing as it may be the only way I can prove they are stealing the information and if they cover that then we'd be screwed.
 
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So you're between a rock and a hard place. If they are selling your information to OTHER people without consent (eg: your contract says they won't) then there is definitely harm there. There are a lot of avenues to persue here.

If they are selling your information back to you, and only your data, then that is perfectly fine. In fact, that sounds like a great product. It gives you a great insight into your own product that you may not be aware of. This is very popular in the world of tracking done on the internet.

One option to explore if your mom is gun shy on a lawsuit, get a few other companies you know of that would be equally harmed and file a class action.
 
My sister is Vice President we are going Monday to see an attorney.
Finally talked some since into her, if I have her my Mother will follow suit soon after.
Yes, they are selling every company, that has used their site to organize their invoices/billing and such,to any company that purchases the year sub on their new product "shippermate.com" True this will open up new avenues for everyone and bring all the information that would otherwise take sometimes years of time and effort to get right in front of you on the screen.
The problem here is , when we converted our billing system to them from handwritten(stone age) the agreement was that the information would remain confidential. They are swearing now that it has and will remain so, and all the info they have acquired has been from the Secretary of State. If researched that and there's no way, even if they just took what SoS could give you and compiled it all together, that they could get some of these companies contact names they have, and the lanes that are more common for certain times of year , and what truck trailer type a certain company is after and average rates for a specified lane.
So although it takes all the foot work out of it for companies,it also takes information that other people worked very hard to get and secure and gives it to the people who haven't made any extended effort at all therefore compromising their livelihood
 
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I agree with Rob, I would have your Mother contact companies, especially ones that you have good relationships with. Have her feel them out and see if they are on the same page with what you have stated here. if yes, then persue a class action lawsuit.

in the meantime, while collecting information on whether or not you will be filing for a class action, I'd contact your buisness lawyer if your company has one, if not, do some research on who'd be the best person to approach for that specialty. I'd then, make some calls to see what exactly can be done legally, so you don't start something to then find out, that you can't go that route.

Also, it would start a process, incase no one else wants to file with you.
The Sooner you contact someone to find out your rights, the better it is. The more you wait, the harder it will be to find someone to take the case.

I'd also mention to whoever you contact via componies, NOT to purchase the software/Service from them.

One last thing, obtain as much information on that CSR, name, time, what was said etc as sometimes people forget exactly what occured and when.

This will help you in the long run. I'd also try calling the company again hoping to get a different CSR and see if I can make them slip while recording them. Yes it may not be admisable in court if the other party is not aware, but it will help the lawyer understand that it isn't made up.
I'd also try and toss into the conversation with the CSR that the conversation is being recorded. I'm not sure how exactly you'd say it without spooking them, but try and work it, so that it's stated, even if it's fast enough that they don't understand or hear you saying it. Have other people try it as well to mix things up.

Some of what I stated maybe far fetched, but in today's society, do what ever you can to protect yourself and stop assholes like them.

In the end you can just disregard what I have written. Responding to posts, on strong pains meds, isn't the best thing to do most of the time. So I appologize if you find it stupid or insulting.

I do wish you luck though. Companies like them, hurting other's is bad business and deserve a giant dildo rammed into thier ass's.
 
Definitely do try to get the name/title of the CSR you spoke to. If you can't, record the exact time and duration of the call, as your attorney can subpoena the record of the call from the company, thereby revealing the identity of the person you spoke with.

As for Rujah's suggestion of recording the call, it's called 'one party consent' and it is completely legal in 38 states.

If either you or the CSR is in one of the following 12 states, you'd need their permission to record them:

California
Connecticut
Delaware
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
New Hampshire
Pennsylvania
Washington

Otherwise, have at it. However, I have to disagree with Rujah's advice that an illegal one-party consent call should be brought up in legal negotiations. If you record someone without their consent in one of those states, you could face criminal charges for illegal wiretapping, and that would provide the other side with a ton of leverage.
 
I would read your agreement very carefully. Quite often, companies will write their service agreements in a way that allows them to compile personal information and private data in order to publish generalized statistics. It sounds like that could be what's happening in this case.

For example, you may provide your birthday to a company in order to sign up for a service they provide. While they are not legally allowed to divulge your birthday to other people, they certainly can use it to compile statistics such as "50% of our users are in the 18-25 age range". The same with using subscriber addresses to compile geographic information about their user base.

I'm not saying that they're in the right, as it sounds like the information provided from this service goes beyond the basic examples that I've provided. However, just keep in mind that private / confidential information doesn't mean that it can't be used at all.
 
Definitely do try to get the name/title of the CSR you spoke to. If you can't, record the exact time and duration of the call, as your attorney can subpoena the record of the call from the company, thereby revealing the identity of the person you spoke with.

As for Rujah's suggestion of recording the call, it's called 'one party consent' and it is completely legal in 38 states.

If either you or the CSR is in one of the following 12 states, you'd need their permission to record them:

California
Connecticut
Delaware
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
New Hampshire
Pennsylvania
Washington

Otherwise, have at it. However, I have to disagree with Rujah's advice that an illegal one-party consent call should be brought up in legal negotiations. If you record someone without their consent in one of those states, you could face criminal charges for illegal wiretapping, and that would provide the other side with a ton of leverage.

I was always curious what states had the mandatory disclosure.

It seems like it comes down to what actual information they are releasing.

If they just release general statistics without identifying information allowing you to know more of the trends on shipping. They could be within the right.

They could be going broke in a few months also.
 
It was stated that it was personal information as in contact names and addresses which is not right, general information that can freely be acquired via google maps or on company websites would be ok. But information received from a third party client signing a non disclosure of personal information is illegal. Now you should look at the contract that you signed and take the copy you had received from the vender website and seek a lawyers opinion on the fact that the vendor website maybe releasing personal information from companies without consent. But make sure you seek out a business contract lawyer as he will tell you if the information is in violation of your contract.
 
hey guys,
thanks a ton, i really value all this good input.
my sister and i are seeing a business attorney Monday, we don't have one yet, and that's another thing we are going to tackle this upcoming week.
I certainly am hoping to get an injunction or something. we worked years going door to door to businesses and building relationships and up keeping them to ensure we'd have a healthy business. If this goes unstopped a person could start a company tomorrow and have everything we worked hard to get with a simple subscription. Its already hard enough to secure a customer.
I really appreciate all the valuable input, and this will give me some more info in my corner on Monday.
thank you all
 
If all the programs are run / owned by the same company I don't think you have a leg to stand on. From how I read your post, it sounded like they were all the same company but different products.
 
first off like someone said I'd read the contract. Second I would ask them for their sources. As far as I know the phrase "google it" isn't a legal argument so they should be able to provide the source of information as well as their compiled records for every company they have information on.