It is unnacceptable for Grand prive to not have kept the meeting with CAP in london.
As it might be recalled, I had drafted a post on how we as a community would proceed with legal action as a class in the event this meeting did not produce results.
Inviting CAP to fly to South Africa is a joke!
So it is now time that we begin legal action or we will just have to accept the fact that this behaviour will stand.
Lets not be under any illusions here, this isnt going to turn out positive unless there is a clear legal process this group will face if they do not reverse course.
So here is my post/proposal for moving ahead:
I think that it would be wise to start considering options for a class action lawsuit.
Now there are no shortage of lawyers that can file this.
The issue is how do we fund it?
Lawyers will require funds in advance of commencing work.
Clearly, not every affiliate is either willing or able to contribute to the necessary expenses until the suit is either settled or won in court.
So I would propose the following as a means of allowing us to fund this lawsuit.
The funding affiliates would receive their initial contributions back plus 40% of the gross amount the suit is either settled for or wins in court.
This will provide incentive for affiliates to fund the lawsuit and given that it will take some period of time for this to work its way through the courts, then for assets to be chased down, and that like all disputed legal matters nothing is certain, there definitely needs to be more incentive than just cost recovery in it for those that fund the class action suit.
Of course, those affiliates not wishing to take part in a class action can sue on their own.
It is a lot more efficient though that we all sue together as part of a class.
There would also need to be someone in charge of finding for us the right attorney and managing the process, and I would propose that affiliate receive some compensation from the funds we raise for a lawsuit.
So, what does everyone think of this funding formula?
Who is willing to contribute funds according to the proposed formula above?
Who is willing to select and manage the lawyers?
I imagine this will be a relatively long term project for whoever takes it on, which is another reason why I think we should give them some compensation.
So, the steps we need to take are:
1. Agree on a funding formula.
2. Select who is going to manage this suit on a day to day basis in a paid capacity (clearly it would be just part time).
3. Affiliates who want in on this action shall have to agree to the terms that are set for the funding incentives for the funding affiliates.
3. The managing affiliate will have to select the right lawyers and manage the process through to completion. Likely the first step to that would be the lawyer will send a demand letter demanding that we be paid for existing players. I have little faith that would lead to anything, but it is the proper process to follow in a legal dispute. Of course, they may see the light when it is clear we mean business.