Late last year, I unfortunately received a letter from some California prosecutors.
They were investigating me personally for criminal “Unauthorized Practice of Law,” which carries up to 1 year in jail for every count (100k+ potential counts!).
This is how it played out:
First, some context:
The US spends $200bn+ a year on legal services, more than any other country. Top lawyers cost $1000+/hr.
To keep the gravy train running, the industry has instituted protectionist measures, including trying to stop churches from giving legal advice!
This is a huge problem for consumer rights because it allows corporations to have a new type of business model: concentrated benefit but spread out harm.
Comcast can charge 20,000,000 people a $10 late fee. They make $200 million, but people can’t afford to fight back over $10!
But software can fight back! Which is the idea behind @donotpay.
Over a few years, we built hundreds of robots to provide information and automate bureaucracy.
Bots to cancel NYT subscriptions, remove racist language from deeds, get refunds from @United, among others
These bots ruffled some feathers with the powers that be in the California Government, who wanted only expensive lawyers to be able to provide information, so they opened up a criminal investigation.
Although I knew we did nothing wrong, I needed to hire a lawyer to respond
Fortunately I got introduced to the best lawyer for this type of issue.
This lawyer has only had one job since October 1973, 49 years ago, specializing ONLY in “the law of the law in California” (law squared/law factorial)
He helped me convey to the trial prosecutor:
1) we didn’t involve humans in individual cases
2) getting a user a refund from Comcast, for ex, is barely a legal issue
3) we provide information and bureaucracy tools (1st amendment)
4) we have disclaimers saying we don’t practice
After I responded in writing, they asked to interrogate me over Zoom, which we agreed to.
Over a grueling two hour video call, which involved questions like: “how are you not practicing law by helping a consumer cancel Planet Fitness,” we made our case.
Since then, they have left us alone and the issue is resolved.
But I am sharing this story as a warning.
If you help too many people get refunds from Comcast, watch out! The California prosecutors are coming for you!
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