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Aaron Levy

Compulife Lawsuit: Join a Class Action Lawsuit or Sue Individually

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Judge decision on March 12, 2018 - https://www.naaip.org/compulife-lawsuit-decision.pdf 
53 page decision by Federal Judge James M. Hopkins that show that NAAIP is good and that Compulife's lawsuit claims were bogus. 
This was a bench trial - The Judge was a former computer programmer.

The prelude was ......

My company was brutally attacked in April, 2015 by a perceived competitor named Compulife with an outrageous claims of wrong doing.  Expert witness Dr. Martin Walker of MIT and PhD from Stanford will cause this to be thrown out and a counter claim  will have justice served.

Agents that were contacted on this matter have a legitimate grievance. Quite a few agents were influenced negatively by these malicious claims by Compulife. We are collecting names for those interested in a class-action lawsuit against Compulife. Individual lawsuits against Compulife,  in my opinion, would succeed. 

Link to expert opinion from Computer Expert  Dr. Martin Walker of MIT, PhD from Stanford
Link to initial Judge decision to Deny Injunction  from June, 2017

Compulife committed this attempted fraud of using the legal system to to to harm NAAIP and its agents and its opening salvo had a misleading expert opinion. The following is our attorney's motion to strike Compulife's "unreliable and not relevant" expert opinion. Individual agents that will be individually suing Compulife in a lawsuit will find this motion to strike useful. 

www.nancy-miracle-compulife-expert-witness-strike.pdf  - Filed by NAAIP attorney

========================================================================================

In April of 2015, The owner of Compulife, Mr. Robert Barney, which sells a term life quote engine to insurance agents, started a brutal campaign in an attempt to destroy NAAIP.  It was brutal - The following is a list of actions that Robert Barney has done since April, 2015.

  • in April, Mr. Robert Barney started the first of over 500 posts on an insurance agent forum lambasting NAAIP and its agents as being software "pirates."
  • Actually quoting on the forum and other place that 5 years in jail is the punishment for piracy. 
  • In May, 2015, 400 NAAIP agents were sent a US mail letter from an attorney's office in Kentucky demanding the NAAIP agent cease and desist using their free NAAIP website and term life quote engine because continuing to use NAAIP would be considered "piracy." Enclosed in this letter was a demand for payment of $540 for prior use. A affadavit affirming this "piracy" was signed by a third party. 11 NAAIP agents ended up sending Compulife money. 
  • Understandably, many NAAIP agents that received the legal letter did not want to be involved in a battle. A very high percentage of agents agreed to delete their NAAIP website.
  • Robert Barney smelled success and gathered a total of 2,200 names, phone numbers and email addresses of NAAIP agents via Google searches. 
  • These 2,200 agents were bombarded with multiple well-written emails from  Robert Barney demanding a "cease and desist" of the agents' "piracy" as well as a $540 payment. Thankfully, only 11 agents in total sent Robert Barney money. 
  • Robert Barney followed up these multiple emails with a telemarketing campaign. Phoning agents and leaving messages. Robert Barney went so far as to have an excel spread-sheet of his contacts with the 2,200 NAAIP agents. 
  • Robert Barney bought a website domain name and started to document the "evidence" of "software piracy." Included in this website were a list of about 1,800 agents and links to their NAAIP website.   Robert Barney states on this website page the agent name and the word piracy, pirated, etc. written 12 times (May, 2016). 
  • Direct quotes from the page that was designed to name and shame agents into forking over $540 - 4 examples of text from that name & shame webpage.
  • 1. "archived as evidence of ongoing software piracy by NAAIP and the agents who have used NAAIP to create their personalized websites..."
  • 2. "agents on this list refused to settle and have continued to pirate the Compulife software program ..."
  • 3. "The agents/agencies listed here continue to rely upon a pirated copy of the Compulife ..."
  • 4. "Over 300 of these agents/agencies have either removed the pirated..."
  • Based on my experience with Google and what I saw with my own eyes. This technique of Robert Barney listing the agent name, link to agent website and the word "piracy" 12 times was designed to having the agent's name appear in Google as a "software pirate."
  • During this time period Robert Barney was in contact with multiple entities to attempt to "shut down" NAAIP and harm our insurance agent of record, Binyomin Rutstein and his family. Obviously, NAAIP and Mr. Rutstein will be filing a multi-million dollar lawsuit against Compulife and Robert Barney. 
  • In  Spring, 2016, Robert Barney and Compulife sued in Federal Court Binyomin Rutstein, Binyomin's relation, the programer of NAAIP, Mr. Moses Newman and myself. The initial complaint mentioned "software piracy" but the subsquent amended complaint and talk at the trial was focused on "copywrite infringement."
  • Being involved in a very expensive litigation is not something that I ever desired when I founded NAAIP. But once I was served with legal papers, I had to cope with this new reality.
  • As an aside, it would have been nice of Bob Barney to have informed those 2,200 agents that his "beef" was copywrite infringement and not "piracy." lol.
  • In late 2016, Bob Barney and Compulife filed in Federal class-action lawsuit alleging "infringement." 8 agents were named as representives of the class of 1,826 named NAAIP agents. Those 8 agents were served a huge stack of papers which "freaked them out." The other 1,800+ agents may have stumbled on the lawsuit after doing a search on Google for the word "lawsuit + their name."
  • Compulife's technique of "name and shame" is going "full metal jacket." Compulife is telling the world that they are real serious about shutting down NAAIP and prosecuting the "pirates." 
  • Compulife also sued entities that were paying NAAIP and/or related parties. 
  • Obviously, the class-action lawsuit was immediately "stayed' by the Federal Judge pending the outcome of the initial claim. 
  • In March, 2017 there is a hearing on Compulife's injuction  request to "shut down" NAAIP. The Judge decision was publicized on June, 2017 denying Compulife's request. The very clear decision by the Federal Judge should have been a "wake-up call" to Bob Barney and Compulife to stop defaming NAAIP and its agents.
  • In August, all parties were forced to attend an arbitration hearing before a federal judge and Compulife demanded $5 million dollars  and that NAAIP to be "shut down."  
  • October 2, 2017 - Moses Newman, our programmer, attended a 5 day trial and testified for 15 minutes total.  
  • Compulife showed up with 4 attorneys, Compulife's investigator, Compulife's programmer and his wife, Compulife's office manager, Compulife's expert witness and Mr. Robert Barney all testified. 
  • The Compulife team needed a minvan to bring into the court room dozens of huge boxes filled with thousands of pages.
  • We depended on Moses Newman, a NYU educated computer programmer, to research this case. Moses told us the case had no basis from day 1.
  • Moses was shaking his head wondering how Compulife had "the culiones" to spend (in his estimation over $700,000 in attorney fees) on these ridiculous claims. 
  • Thankfully, for NAAIP and its agents the initial Federal Judge who denied Compulife's injuction request persuaded both sides to forgo a jury trial and accept The Honorable Judge James M. Hopkins to decide the case at a bench trial. 
  • Judge James M. Hopkins is a former computer programmer who is very serious about "not wasting the court's time."
  • Judge James M. Hopkins wrote the decision on March 12, 2018 with the exact same words that Moses envisioned after he spent a day researching Compulife's claims. 
  • In Moses' opinion, Compulife's claims were frivolous and Compulife's Attorney Joel Rothman of Boca Raton, Florida should be sactioned by the court for wasting the court's time in filing the Compulife lawsuit. 
  • In Moses' opinion, Compulife Attorney Joel Rothman of Boca Raton, Florida profited handsomely in the  way of attorney fees and is laughing all the way to the bank. 
  • Afer thorough reviews, a Florida Bar complaint will be filed against Attorney Joel Rothman of Boca Raton with details of specific unethical actions that was not becoming of a Florida IP attorney or Florida Patent Attorney. 
  • The defamation website owned and operated by Robert Barney of Compulife was deleted by Compulife's Robert Barney immediately after Judge Hopkins's rulling.  
  • Obviously, the harm that Robert Barney and Compulife maliciously caused others should be compensated.

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Guest Fred the real one

The A-hole in question is Robert Barney of Compulife. he attacked me and told me some BS story that caused me to stop using NAAIP. I read the expert witness report - incredibly persuasive. I hope he is shut down for good. F - him and his bullshit quoters.

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Guest Theo

About two/three years ago this case was presented to me in form of email. Compulife sent details how I was personally and wrongfully using technology that I did not own nor ORG. I stop using the technology until I was instructed by NAAIP that the claims were false. Compulife made it clear that I was in the wrong and How I will be penalized by a lawsuit claim  for the quote engine technology. I was affected by the tug-of-war of ownership by removing the quote engine from my website. May justice be serve! 

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Guest Jack QueasyDaBear

Just based upon the judge-order 6-11-2017.pdf   -

While it does show that Compulife has not proved his case satisfactory to the judge of the court -

It does raise the eyebrow - that - in my opinion - naaip likely did what they are complaining about.

****************************,

NAAIP should have not put themselves and their contract agents in position -

where any claim of foul could have been made.

Real or Imagined.

To ever be in such a discussion of legal ownership or financial losses.

*************************.

Why would anyone want to be party to this mess ?

I do not.

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On 2/12/2018 at 7:11 AM, Guest Theo said:

About two/three years ago this case was presented to me in form of email. Compulife sent details how I was personally and wrongfully using technology that I did not own nor ORG. I stop using the technology until I was instructed by NAAIP that the claims were false. Compulife made it clear that I was in the wrong and How I will be penalize  for the quote engine technology. I was affected by the tug-of-war of ownership by removing the quote engine from my website. May justice be serve! 

Apparently, the accuser thought he could harm NAAIP and help his company by making silly accusations. We are just putting the evidence out there if any agent wants to take the initiative and file a Compulife lawsuit. Obviously, if you are not an attorney or related to an attorney there would be the tendency to go on with your business.  

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On 2/12/2018 at 8:44 AM, Guest Jack QueasyDaBear said:

Why would anyone want to be party to this mess ?

I do not

NAAIP is putting the evidence out there if any agent wants to take the initiative and file a Compulife lawsuit. I suppose if you were an attorney or your wife was you would see this as a grand opportunity to earn money. 

For a non-attorney it is a more simple proposition to join a class-action lawsuit against Compulife.  

By the way, the judge-order 6-11-2017.pdf was a judge order from last year that was completely based on words of Robert Barney of Compulife. 

The relevant information is the expert witness of NAAIP and motion to strike Compulife's expert witness. 

I am sure that you know that NAAIP is a software company - We are doing our best to build a great service. Thank you so much for your support.

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Guest add my name

Yes, add my name to the list for Compulife lawsuit. I remember the ceased and desist letter and all the harassing phone call and messages.

 

Richard W. Smith

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Guest LePres CadeJuste

Yes, add my name to the list the Compulife lawsuit. I remember the ceased and desist letter and all the harassing phone call and messages.

Thanks,

LePres CadeJuste

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Guest Jeff Laughlin

Please add me to this list as I was repeatedly harassed  as an agent of Naaip.org  and charges of piracy against me as a participating party if I did not immediately stop using Naaip.org or detach from them completely. That was also at a time I was going through my own financial hardship having to file bankruptcy wile loosing my house and starting over. Still with Naaip.org though. Yes please add me to that list sincerely of the Compulife lawsuit. Jeff Laughlin

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Guest Randy

Yes add me to the list to the Compulife lawsuit.

Randy Turner

Augusta, Ga 

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Guest Annette

You can add my name to this list, I stopped using and moved many of my contracts because of his continued threatening emails.  I never closed my account but left it sitting there waiting to see what happened and guess what....NOTHING HAPPENED!!  I FIGURED IT may be BS because he wouldn't attack me personally but have an attorney contact me but just in case...I waited

So glad it turned out the way it did

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On 1/4/2018 at 4:20 PM, Aaron Levy said:

My company was brutally attacked in April, 2015 by a perceived competitor named Compulife with an outrageous claims of wrong doing.  Expert witness Dr. Martin Walker of MIT and PhD from Stanford will cause this to be thrown out and a counter claim  will have justice served.

Agents that were contacted on this matter have a legitimate grievance. Quite a few agents were influenced negatively by these malicious claims by Compulife. We are collecting names for those interested in a class-action lawsuit against Compulife. Individual lawsuits against Compulife,  in my opinion, would succeed. 

Link to expert opinion from Computer Expert  Dr. Martin Walker of MIT PhD from Stanford
Link to initial Judge decision to Deny Injunction  from June, 2017

Compulife committed this attempted fraud of using the legal system to to to harm NAAIP and its agents and its opening salvo had a misleading expert opinion. The following is our attorney's motion to strike their "unreliable and not relevant" expert opinion. Individual agents that will be individually suing Compulife in a lawsuit will find this motion to strike useful. 

www.nancy-miracle-compulife-expert-witness-strike.pdf  - Filed by NAAIP attorney

 

Please Add My name Kelley J O'Shea to this Compulife class action lawsuit, I was served January 3,2017 and have since received mailings from my office General Liability & Commercial Property Carrier State Farm both snail mail & certified may dated January 17,2017. My Agency sells Primarily Property & Casualty, I have not sold a Life policy since working at Prudential back in the early 90's, my agency does have a outdated website but in no way does nor has it ever referenced Compulife. incident has caused nothing but unneeded stress & duress during the past year I have encounter rather disrupting medical issues, my children have been abandoned by their father (my X-husband) we have faced a major Hurricane and most recently my children's school (MSD) came under siege by a 19 year old with an assault weapon..... REALLY DO NOT THIS ADDED STRESS!!!  Sign me up PLEASE!

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Guest Tex

I really appreciate the good work that NAAIP has done. Greed is not good and sometimes gets punished.

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Guest Christopher

I would like to be added to this lawsuit as well. My email is karess38@yahoo.com

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Guest CJ Shah

He contacted me by emails and phone call and threatened me for using his quote engine thru NAAIP. It scared me and robbed my opportunity to earn and establish in insurance industry as I am disabled with back so wanted to sell and get trained on the web for sellin insurance. But bec of this disput it prevented me to not use NAAIP program. Hence law suit on my behalf to compulife and Mr. Barney and associates.

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Guest Guest Steve

I too was sent a cease and desist letter from this guy and the crazy part was I had never even used the NAAIP site. I had my own website the entire time. Once I got the letter, I asked to remove my "free site" created by NAAIP. It was totally unnecessary letter that definitely caused me and my family stress and at that time we were dealing with premature twins who had been born at 23 weeks 6 days. One weighing 1lb 1l ounces and the other 14.2 ounces! You can add me to this class action lawsuit against Compulife and Mr. Barney as well. Best, Steve

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Guest 35 year life & hea

Since Barney couldn't make it selling life and health insurance he decided to prey on working agents, that didn't go so well so he decided to prey on competition, then prey on their agents.

In order for true justice to be served a class action suit against this predator, and as many individual lawsuits as possible must happen, and those unwilling for involvement may be making the statement that this type of predatory nuisance is acceptable. Add me to the class action.

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Guest Frank

          I am confused. Reading the "initial judge's decision" seems to point out

 glaring things that NAAIP may have done "unethically" or "unprofessionally"

with regards to Compulife's quoting system, it appears that it's just that these

actions were not deemed by the court to have caused "irreparable injury" to

Compulife.

      Irreparable injury, or not, still if the actions of one company against another

are unprofessional, that is not a good thing!

    Please correct me if I misread anything.

 

    Thanks,

 

    Frank

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Frank, The "initial judge's decision"  was a "shut down" NAAIP injuction request by Compulife. There was a hearing. The judge's decision was based on Robert Barney's words only.
No evidence was presented by NAAIP. The judge's very clear ruling should have told Mr. Barney of Compulife to find someone else to pick on. 

Robert Barney of Compulife went forward to a full-boat trial and lost big.

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Robert Barney's of Compulife appealed the ruling.  lol. Mr. Barney has about as much chance of succeeding as I do of winning the Powerball. And I don't play the lottery. The Honorable Judge James M. Hopkins "smelled the coffee" during the trial and knew of Compulife's evil intentions. Therefore, he wrote a decision which was unappealable.

Let's say 'lighning strikes" and Compulife wins the appeal. There is a retrial. Everything starts new. N.A.A.I.P.'s E & O will pay our licensed agent's legal expenses.

During the initial trial, N.A.A.I.P.'s defense did not present Dr. Martin Walker as an "expert." Just based on this, this case is a no-brainer and has no basis to go forward.

As well, there would be a Motion to Strike Compulife's expert - which would 99.999% chance be accepted. This motion was not made at the first trial.

To cut to the chase, the chance of Compulife overcoming these two hurdles is similar to the chance of Florida being completely destroyed by a meteor (during the time frame of the this dispute).

My feeling is that the court will "go hard" on Compulife filing a frivoulous appeal and "go hard" and grant N.A.A.I.P the entirety of its $160,000 in legal fees.

On a good note, if "lightning strikes" and there is a retrial, there will be no shortage of attorneys willing to individually represent each of the 4 defendants. So when Mr. Barney loses again he would be looking to reimburse the legal fees of 4 attorneys.

Mr. Barney: Some friendly advice. Admit the mistakes of the past and move on.

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