Kimkins Cyber Attorney

Since when does legal correspondence take place via email? Heidi Diaz' attorney, Peabody, apparently thinks that this is a proper form of communication.

Is this something new approved in legal circles that I am just not aware of? All my dealings with attorneys have always involved written letters by mail or fax.

To me, there seems to be a reason for this. There is no easy way to tell WHO sent an email. There is no easy way to tell if an email was received (served). How can you know it doesn't end up in a spam filter that the recipient is never checking?

Nevertheless, Peabody keeps on sending "official" Cease and Desist emails to anti-kimkins blogger. Affiliatescams has posted the email she received. Note that her email wasn't even sent directly to her. Unbelievable. But then nothing should really surprise us when it comes to this Kimkins saga, should it?

Also, read the comments to Affiliatescams' post. One blogger (Becky) received a Cease and Desist as a blog comment. Blog comment! How can that be considered Service of Process?

So what is the purpose of these Cease and Desist emails and comments? Peabody says to Affiliatescams: "demand is hereby made that you immediately cease and desist from making any further derogatory or untoward comments on your blog(s) regarding my client and her business interests".

What about the First Amendment? Consumer rights?

I am a disgruntled (banned) customer of Kimkins and have the right to express my dissatisfaction with their service (or lack thereof). My blog certainly has a lot of untoward comments regarding Heidi Diaz but that is less of my doing that hers. If Heidi had not flooded the internet with her lies and fraudulent pictures, I would not had anything to write about.

While it might be beneficial for Peabody (billing hours!) to write these emails, we expect that he will be busy with real legal actions soon. There is an unprecedented hearing set for a Motion for Summary Judgement set for August 24. Read about it on Kimkins Class Action Lawsuit blog, and mark your calendars.