ComplaintsforThe Law Firm of Higbee & Associates APC

• Initial Complaint

  04/01/2024

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  ******* and Associates have attempted to blackmail my clients into paying them for copywrite infringement of a photo that has links to social media above it practically begging people to share the article and photo through ******** and *********** News of ap press or pic rights are using AI to predatorily seek out lawsuits to *** innocent business owners stating they are using photos on their website illegally when in actuality the articles and photos they are speking of are published for news (fair use) and have links for billions of people to share the articles where the photos also come across with it. Criminal they should lose their ability to practice law all together. So an average person would not know they are being baited and the average person wouldn't even know how to find the article----- but here it is ******************************************************************** if you actually follow the link you too will have the photo too. And, if you click any link above fracebook or X the article and photo will come with it as published by ************** begging the readers to share their story. Then ----- Higsbee and Associates who are collaborating with Someone to *** the innocent business owner. I am filing a complaint with the bar association too. Until these people vultures scum bags are stopped they will continue to blackmail the iinnocent business owners as much as they are allowed.

  

  Business response

  04/09/2024

  ************************ is an opposing party in a legal matter involving one of the law firm's clients.  She is not a client or potential client of the law firm.   She is not requesting any action on part of the law firm.

• Initial Complaint

  03/04/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  This complaint concerns a request from this law firm regarding copywrite infringement. After looking at all other complaints on the BBB website, I believe this is a scam. The pictures on our website were bought off a paying site and provided by our contracted Laboratory, who can attest to picture. If these types of letters continue to be sent out from the same law firm. Why doesn't the BBB get ****** involved to flag the firm. Also the signature from ****** Higbee appears to be in wet ink

  

  Business response

  03/12/2024

  This person is not a client of the law firm. They are an opposing party.  The person's request can only be fulfilled by our client.

• Initial Complaint

  02/12/2024

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  In November 2023 *********************** contacted the ********************** to whom I work for with notice that we had possible copyright infringements with photos used on our website. They were seeking the removal of those images and also fees associated with the use of those images. The images were removed from the website promptly. Payment was not made but instead an email requesting licensing numbers was sent to *********. Only one licensing registration was sent back along with a threat that if the fees were not paid Higbee & Associates would need to be involved. The email was ignored as it became clear ********* and Higbee & Associates were copyright trolls. Since then multiple emails along with paper copies mailed to the office have gone above and beyond in harassment and legal threats. All have been ignored to date as the photos have been pulled of the website months ago. Help is needed in getting these troll agencies and lawyers to stop their harrassment.

  

  Business response

  02/12/2024

  This is not a client of Higbee & Associates.  It is an ill-informed, party that is adverse to one of our clients.  There is nothing we can do for this person other than to suggest they hire an attorney.

  Customer response

  02/13/2024

  Higbee & Associates are the problem as they continue to contact and harass through email and written letter. Their copyright claims against ** and the finacial fees being asked for are unfounded. Any images in question have been removed and any technical requirements met.  They are a company that makes money on harassing, cohersing and threatening others with copyright infringments. Please stop the unnecessary harassment. 

  

  Business response

  02/13/2024

  This is not a client of the law firm.  Nothing can be done by us. This person is unhappy with the amount of compensation our client (no **) is seeking.

• Initial Complaint

  10/25/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I received a letter in the mail notifying me that a client of this law firm is seeking damages for copyright infringement in the amount of $1250.00. Upon receiving this letter I immediately took the image off my website (as I was not aware of a "copyright"), and considered the matter solved. I received an email from this law firm telling me that I still owe the money. I called to speak to them, informing them that any previous emails went to my spam folder and no one attempted to contact me any other way (they could have easily sent me a message via my website.) When asked if I was willing to make an offer I told them all that I could afford was $200.00. This is when harassment really increased. I was told that I needed to provide proof of financial hardship by sending them "tax returns, bank statements and/or profit/loss statements." This is when I consulted a copyright attorney who told me to have them provide proof of copyright registration. They responded with a demand that I put my attorney directly in touch with them and threatened litigation. I spoke to my attorney who did a search in the public copyright records and found no registration for the photograph in question. This law firm is unethical and engages in harassment and should be further investigated. Happy to provide harassment emails if necessary for review.

  

  Business response

  10/25/2023

  This person is not a client or customer. They are an opposing party in a ******************** matter involving one of our clients

• Initial Complaint

  10/18/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Law Firm of Higbee & Associates sent both a letter and an email threating our small non-profit that focuses on veteran mental health and well being for 2 images we used on our website about 5-7 years ago and claiming that the **************** owns these images. 1 image is similar to an image they are claiming copyright on and the other image is an article about that story.

  

  Business response

  10/19/2023

  This is the opposing party in a legal matter involving one of our clients. It appears the person wants us to contact them, we will be glad to do that.

• Initial Complaint

  06/21/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I am a small ******* Combat Veteran owned business owner. In 2023, I am just starting again after two hip and ankle replacements. Due to Covid and lack of finances, I have no working capital. Buried in my website GMCStream.com there were 2017, three pictures that had no copyright markings. One showed a man with a drone, one showed a US Navy fighter landing on a Carrier, and the last showed a ****** aircraft in flight. I found these pictures on a generic ****** search. There is no indication the images were copyrighted, there is no watermark thing. PICRights. ABOUT a year ago, I received a warning letter from Higbee LAW FIRM in **********, to take these jigs off from my archived stories, which I immediately did.Today, I received a threatening letter from **************** Higbee, demanding a large sum of money for violation of the Copyright Act for AP. I reject this response as I have paperwork from them trying to extort money from me and threatening to fine me an even greater amount of money or worse *** me for up to ********* dollars- on behalf of their client; namely, ***********************, ***************** VP, Global Products, and a German ****************************** ************** ************************************************************************ APs 2021 revenue was $518 million. It has a value statement of professional and fair activities, but it appears a predatory organization after small US businesses that our Veteran owned.AP is violating its standard by using a law firm to extort monies from a wounded 83yr old ******* Veteran. The use of this photo falls under Fair Use and Di-minimus as there was no solicitation for money, no money was earned (the photo was on an educational page) and there was no harm. Please stop Legal Firms predatory behavior to extort funds for a dying Veteran from $518,000,000. Media giant.RTK.

  

  Business response

  06/23/2023

  This consumer is not a customer or client of our law firm.  They are a party who is adverse to a party we represent.  They are not requesting any action that we can take.

   

• Initial Complaint

  04/05/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  I am an Interior designer who had done some work for an Athlete. Once done he advised me to pick a picture from the internet for advertising and that is actually what I did. Once picking a picture and making sure it was no copy right on it and following my clients' instructions I proceeded. Many years later I received a call last year now I have received a letter for payment. Due to covid my company has not working in a few years and frankly do not have this kind of money or feel like we owe them. Regards *******************************

  

  Business response

  04/06/2023

  We are hired by photographers, our clients, to pursue copyright infringers who steal our clients photos and images. In the case of this complainant, we represent ********************* Unfortunately, many people steal our clients images without paying the licensing fees and ******************** will then request that we initiate legal proceedings against them to collect the unpaid licensing fees. When we pursue the claims, some people become upset and leave bad reviews or complaints both here and on other platforms (like *********************** etc.).
  

  This has happened before with other copyright infringers and the BBB has always removed the complaints entirely for violating BBB terms of service, namely that it is not a marketplace issue, it does not relate to an experience with the services or products we provide. In other words, a Client is more than welcome to complain about our copyright services on the BBB, but a copyright infringer cannot because of the BBB guidelines. The user who posted this ******************** complaint, Platinum Dreams, has never been a client or customer of ********************** & ******************. We believe the complaint, if posted on the BBB, is likely wrongful and may even rise to the level of extortion in which she is trying to get us to drop a lawsuit or legal claim for our client by using your service as leverage.

  Customer response

  04/10/2023

  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
  
  Regards,
  
  *******************************
  
   
  

• Initial Complaint

  04/03/2023

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  I hired Higbee & Associates on 1/9/2020 to complete my record expungement/sealing. As of 4/3/2023, the process is not completed, but I received an email from them stating that they have conducted all work under their contract and they are done. I received a final packet for only ONE case. I sent an email demanding they finish the job or refund my money. In return, I received an email from supervising attorney, **** ** ****** telling me the courts are incompetent and for me to go to the courts myself and ask them why they're not doing their job. (attached). I paid $4,887.50 for this expungement and they have not provided the services intended.

  

  Business response

  04/11/2023

  As the letter from attorney **** ****t stated, we are continuing to work on this Mr. *****'s case.  We have completed all parts of the process that we can control.  The court's online records show that we completed the work.  Mr. ****** requested that we have the court provide a copy of the court order demonstrating the work is complete.   We requested have made multiple requests for the court to send us the court order, and will continue to do so until they do.   In short, Mr. *****'s case is 99% complete and we will continue to follow-up with the court until they provide the documentation that we requested on Mr. *****'s behalf. 

  Customer response

  04/11/2023

  I realize that I am going against a firm of attorneys that have mich more control than I do. However, I stand firm that I have been horribly mistreated by this firm.  I did receive several emails from them once I launched complaints. They are now saying that their job is done and I didn't pay them to expunge my entire record. It is only NOW that I'm seeing expungement orders and i hired them Jan 9, 2020.  This is 2023! They're now asking for more money to complete the expungement. After giving them $5K and 3.3 years of waiting in vain, I've come to the conclusion that I simply got scammed. I would like my complaint to stay on record so others don't make the same mistake that I made.

  

  Business response

  04/12/2023

  Mr. ****** has requested that we continue to work on his case or provide him a refund.   We are continuing to request documents from the court.   While we did suggest that he is welcome to also request documents from the court, at no point did we tell him that we are stopping work on the case.   We were and are, as he requested, continuing to work on the case, despite his misstatements here and on other forums.   

  Customer response

  04/17/2023

  Again, I paid to get my record expunged/sealed and Higbee & Associates did not complete the job. They sent me an email on 3/23/23 stating they have "conducted the work under their contract", but they are wrong. I would have never paid $5K for half the job. Not only have they scammed me, but they are oblivious to the fact that they took over 3 years to complete half the job. Had I not filed this complaint, they still would not be communicating with me. Lastly, it's very strange how my original contract is no longer in my portal.  Higbee has offered to complete the remaining 6 cases at the cost of $430 per case. I've paid once and I don't have another 3 1/2 years to wait on them. I am requesting a partial refund to have the remaining cases completed.
  
  
  
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• Initial Complaint

  03/07/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I am a small business owner just starting out. Buried in my website alainnaesthetics.com there was a picture of a bottle of a man holding a bottle of Botox. We found this picture on a generic search. There is no indication the image is copyrighted, there is no watermarknothing. PICRights sent a letter in Nov/Dec but addressed it to the wrong person and wrong company name. The letter was not received or responded to in their defined period of time on top of which they were demanding money. I did not pay and received a subsequent letter now demanding a higher amount of money.Today I received what appears to be a xeroxed letter from Higbee and Associates further threatening to *** me and ask for damages up to $150,000. They offered to settle again for now an even larger amountthis Seems like extortionI have been in business for less than one year, the photo was buried in our website, we do not draw any salaries and are in (expected debt) as a new business owner, the image was immediately removed.There are countless examples of this predatory behavior of Higbee and Associates as well as PICRights. The use of this photo falls under Fair Use and Di-minimus as there was no solicitation for money, no money was earned (the photo was on an educational page about neurotoxins in general) and there was no harm.Please step in and stop this predatory behavior and help the little guys

  

  Business response

  03/08/2023

  This complaint is not from a client.  It is from a party who is adverse to one of the law firm's clients.  Thank you.

  Customer response

  03/08/2023

  This is incorrect. I received a demand letter yesterday from Higbee and Associates. Please check your information before replying with erroneous information. ********* turned the case over to you and you contacted me. Your predatory and extortionist letter threatened me with going to court and suing for $150000. Not to mention the now settlement amount is 3 times as high as it was.

  This picture had no watermarks or copyright marks. It was found on a general search engine. It also qualifies as fair use/di-minimus because it was posted on an educational page, there was no solicitation for money, and there are no damages. On top of which this is a small business that has been in existence for 1 year and is not profitable.

  

  Business response

  03/09/2023

  See previous response.  This person is not a customer or client.  Thank you.

  Customer response

  03/15/2023

  I reject this response as I have paperwork from them trying to extort money from me, and threatening to fine me an even greater amount of money or worsesue me for up to $150.000 on behalf of their client

  I do not need to be a client or customer to file a complaint. 

  By the fact that I was contacted by Higbee and Associates gives me the right to file complaints regarding their business practices. 

  As a law firm representing someone they have a legal obligation to present the complaint to their client if they anre ancting on their behalf and act as the intermediary. 
  

  The use falls under Fair Use Act and di-minimus. 
  

  Provide documentation that no further action will be taken.

   

• Initial Complaint

  01/19/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  I started my case 05/04/2021 for expungement/sealed I did the payment arrangement and paid my case of and it has been going on every since I contacted another attorney about my case and they informed me that my case should had never took this. Then when I was checking for undated it took months for update now after almost 2 years now they said they in the process of taking care of my case but asking for money for other stuff on my case then I told them I just want a refund they said ok but they want to keep $300 of my $730 I paid and send me $430 they saying the $300 if the attorney fees and paperwork for working on my case and file they had to get to get from record search which in fact I sent in my own records from Winnebago county because thats where the charges was from. I downloaded all my records and uploaded them on the website like they ask so Im confused on what they did they havent filed anything with the courts because I checked and the other has checked as well and couldnt find anything they file to Winnebago county court house I just want the rest of my refund so I can finish paying the another attorney that has file with the court for my expungement

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩