ERA Expense Reduction Analysts joins the UnhappyFranchisee.Com Takedown Hall of Shame with this takedown demand letter sent by Australian attorney Sylvia Fernandez of Holding Redlich. Ms. Fernandez wanted us to take down a complaint by a “disgruntled franchisee” of Expense Reduction Analysts who alleges that ERA is guilty of “ a clear and deliberate fraud perpetrated on the USA authorities and on all ERA USA and global franchisees.”
(UnhappyFranchisee.Com) ERA Expense Reduction Analysts took exception to a letter and supporting documents we received from a “disgruntled franchisee” of Expense Reduction Analysts who alleges that ERA is guilty of “ a clear and deliberate fraud perpetrated on the USA authorities and on all ERA USA and global franchisees.”
We invited ERA Expense Reductions Analysts, Charles Marfleet, and other all parties to provide corrections, clarifications and a rebuttal to the allegations made by the franchisee, Armstrong Consulting Pty Ltd.
Instead, they chose to have their law firm sending a threatening letter, thus earning them a coveted spot in the UnhappyFranchisee.Com Takedown Hall of Shame
Original Title of Threatened Content: ERA EXPENSE REDUCTION ANALYSTS Franchise Fraud Allegations
Date of threat or takedown: September 2, 2015
UnhappyFranchisee.com response: Polite refusal, invitation to publish company’s corrections, clarifications or rebuttal.
H HOLDING REDLICH
2 September 2015
By email to [redacted]
Partner Sylvia Fernandez
Direct line (02) 8083 0408
Our RefSZF 14680036
Dear Unhappy Franchisee
Letter of demand for the removal of defamatory material from ‘Unhappy Franchisee’ blog
We act for Expense Reduction Analysts (ERA).
It has been brought to ERA’s attention that your blog currently hosts an article described as having been submitted by Armstrong Consulting Pty Ltd (AC) entitled ‘ERA EXPENSE REDUCTION ANALYSTS Franchise Fraud Allegations’, located at ‘ http://www.unhappyfranchisee.com/era-expense-reduction-analysts-franchise-fraud-allegations/* (sic) (Article).
For your benefit, you should be aware that AC is one of three related plaintiffs in proceedings in the Supreme Court of New South Wales against a number of ERA entities and directors. The plaintiffs are former shareholders in the ERA group who assert in the legal proceedings, among other things, breaches of various agreements governing their shareholdings in the group. Their claims do not concern the franchising aspects of ERA’s business. These legal proceedings have been on foot since 2011 and concern many of the matters raised in the Article. The hearing of these legal proceedings has yet to occur and as such, many of the statements made by AC in the Article pre-judge without foundation matters that will ultimately be determined by a court in relation to what is essentially a dispute between shareholders.
We have also drawn to the attention of the firm of solicitors representing AC in these legal proceedings the defamatory nature of the Article and have demanded on behalf of ERA that AC immediately procure the Article to be removed from your blog. A copy of our letter [Letter to Nick Stretch Legal – 02.09.15] is enclosed for your reference.
As you are now on notice of the defamatory nature of the Article, its irrelevance to the matters which appear to be the subject of your blog and its tendency to pre-judge matters that will ultimately fall to be determined by a court, ERA demands that you remove the Article from your blog immediately and that you undertake not to host the Article or any similarly defamatory publications which concern ERA or any of its directors or associates in the future. ERA’s rights are strictly reserved. ERA will rely on this letter on the question of its costs in the event that litigation ensues.
Sydney. Melbourne. Brisbane
Level 65 MLC Centre 19 Martin Place Sydney NSW 2000 OX 529 Sydney
GPO Box 4118 Sydney NSW 2001 T +61 2 8083 0388
5:5129727_1 NDR ABN 15 364 527 724
* We corrected their incorrect URL.
Our Takedown Hall of Shame was inspired by and a tribute to the original Electronic Frontier Foundation [EFF] Takedown Hall of Shame.
ARE YOU FAMILIAR WITH THE EXPENSE REDUCTION ANALYSTS FRANCHISE OR THE ERA FRANCHISE Charles Marfleet or Charles Howson?
What about Armstrong Consulting Pty Ltd? Or Holding Redlich?
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TAGS: Expense Reduction Analysts, Expense Reduction Analysts franchise, ERA, ERA franchise, Expense Reduction Analysts franchise fraud, Armstrong Consulting Pty, Charles Marfleet, Ronnie Clucas, Charles Howson, Accuma Group PLC, Leonard Curtis, Hinzman and Associates, Kreston Dormer, Baker Tilley, Holding Redlich, H Holding Redlich