While the RIAA continues its allegations of copyright infringement, defendants such as Suzy Del Cid, which accuses the RIAA of all sorts of nefarious misdeeds, are fighting back. UMG vs. Del Cid is being heard in the US District Court for the Middle District of Florida, and in a counterclaim filed late last week, Del Cid accused the RIAA of computer trespass, conspiracy, extortion, and violations of the Fair Debt Collection Practices Act.
As seen before, Del Cid"s counterclaim details how the Settlement Support Center contacts those fingered by the RIAA after John Doe lawsuits are filed to learn the identity of those using an IP address allegedly engaged in file sharing. Del Cid says that the Settlement Support Center takes "no account of the merits" of a particular claim, instead relying on the "inherent inequality of resources and litigation power" between the record companies and defendants. Del Cid accuses the plaintiffs of computer trespass, fraud, and abuse, saying that they "intruded into Del Cid"s personal computer to obtain information."
Unlike others, Del Cid alleges that the RIAA used private investigators unlicensed by the state of Florida (where she lives) to track her online activities in violation of Florida law. Del Cid also accuses the RIAA of violating the Fair Debt Collection Practices Act by "knowingly collecting an unlawful consumer debt," referring to the Settlement Support Center"s attempts to settle the case before the lawsuit was filed.