Is Microsoft Liable

[JG42122]

My company runs off the internet 100% of our sales come from here. Normally in a weeks time we average $2000.00 . This week Monday was great with roughly $300 Tuesday $250
Wed $0 Thursday$0 Fri $0 I was contacted by a potential client Fri morning and she starts asking me are we a pshishing site ? Microsoft/IE had for no reason decided we were a pshishing site and had flagged our site. Basically when anyone came to it it would pop up a box and say we were scammers.

I email Microsoft and this is their reply
We have reviewed the information you provided regarding this website and removed the incorrect designation. We thank you for bringing this matter to our attention.

Please note that although we have removed the incorrect designation, it may take up to 24 hours for you to see this change reflected.

In the event that the incorrect designation persists beyond 24 hours from the receipt of this e-mail message, please let us know by replying directly to this message. Please do not reply unless the problem persists.

Thank you,
Microsoft SmartScreen/Phishing Filter Support


I guess my first question is can I sue these guys ? I also video taped this so I have on camera what happens when a client comes to my site.

I don't see how they can go around and mess someones life and reputation up for no reason and not be liable.

[Tubby]

It probably does not matter if you can sue them or not. The question would be do you have the resources to even contemplate this question. Ask yourself, can I find a few hundred equally Pissed off web site owners?

It is not only Microsoft, there are is lot of software out there designed to protect users that block healthy sites in error. People install these programs.

[martty]

Microsoft have no "duty of care" or "obligation" to you. ... you can't sue them unless they do.

[wige]

You could try, but I doubt you would succeed. If nothing else, Microsoft made the good faith effort to correct the situation in a timely manner once they were advised of the problem (based on my understanding of the way the blacklist in IE works, 24 hours is the minimum time needed to guarantee a site is removed). If they had dragged their heels, or waited weeks before responding, you might have a case, but otherwise I doubt it.

[SteveGerencser]

The number is small enough to after them in small claims court.. I would look at suing them locally but you may need to file in Redmond.. Its cheap, no lawyers allowed, and they will find it easier to give you the money than fight you..

Someone sued Google this way and won the judgment..

[cw1865]

Its cheap, no lawyers allowed, and they will find it easier to give you the money than fight you..

Really? What sort of kangaroo courts are you running in Indiana, Feydakin? hehe

In NJ, a corporation MUST be represented by an attorney (even in small claims); its part of the 'attorney full-employment act.'

[Tubby]

cw1865 Said
"In NJ, a corporation MUST be represented by an attorney (even in small claims); its part of the 'attorney full-employment act.' "

Indiana might have introduced the 'Don't let the legal bastards screw you act'

[SteveGerencser]

That's the one, but the case I was talking about happened in California..

Aaron Greenspan: Why I Sued Google (and Won)

And yes, I had to take 10 blows from the whip for reading HuffPost.. I'm hoping that I don't lose my NeoCon Card for linking to it..

[Tubby]

It is always gives me that warm fuzzy feeling when the barking chihuahua stops the Great Dane at the front gate. This is why we keep a front gate. . .

Nice!

[Doc]

I have to say, my first reaction upon reading the thread title, "Is Microsoft Liable", was an audible (yes, I talk to myself, when nobody else will listen), "Of course not!"

I really can't imagine any court ruling in your favor, jg42122. I think Martty summed it up pretty nicely. Without any breach of explicit or implied service, or malicious intent on their part, you haven't a leg to stand on, in my layman's opinion.

It reminds me of the old joke of a flea crawling up an elephant's leg, with rape on his mind.