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I wonder if Flock + Cyble can be sued for fraud. There are 5 elements in a fraud: Misrepresentation of Fact Knowledge of Falsity Intent to Induce Relianc
by CalChris 10mo ago
I wonder if Flock + Cyble can be sued for fraud. There are 5 elements in a fraud:
Misrepresentation of Fact
Knowledge of Falsity
Intent to Induce Reliance
Justifiable Reliance
Resulting Damages
- themafia 10mo agoCloudflare would have to bring that suit since they were the ones defrauded. The site owners probably can't sue Cloudflare because of their contract. So the site owners probably have to go basic "tortious interference" and be ready to show actual damages.
- deleted 10mo ago[deleted]
- CalChris 10mo agoNo, if the site owners have been harmed by Flock + Cyble knowingly filing a false takedown notice then they can sue Flock + Cyble. If Cloudflare's reputation has also been harmed then they could sue Flock + Cyble as well.
- deleted 10mo ago[deleted]
- RobotToaster 10mo ago> Cloudflare would have to bring that suit At first that seems pretty unlikely, but I could see them wanting to nip this in the bud so it doesn't become more common.
- 15155 10mo agoTortious interference with contract, cut and dry.
- miohtama 10mo agoYou would need damages
- pfdietz 10mo agoFalse accusation of criminal behavior is defamation and in many US states such accusations are assumed to be damaging. No evidence of damage is needed.
- thayne 10mo agoThe "resulting damages" is pretty small though, they just had to move off of cloudflare. I'm not sure it would be worth it, especially if the other side doesn't end up paying their legal costs.
- mdnahas 10mo agoThey’ve done it twice now. I’d argue in court that this is a pattern, not a one-off event and the damages need to be large enough to prevent this repeating. Also, service providers are not identical. They chose Cloudflare because it was the “best” service. So damages include being moved to a worse service.