Suing Compulife: Important Information - Class Action Lawsuit

Mar 6, 2018

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Do you support N.A.A.I.P.'s efforts to offer free software to agents?

  1. Yes. N.A.A.I.P. is Good.

    33.3%
  2. No. Agents Should Pay.

    66.7%
  1. MosesNewmanNAAIP
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    Very relevant information for those agents that were knowledgable of the false claims of Compulife vis a vis N.A.A.I.P. term life quote engines. As per court records, Over 4,000 agents were emailed. Numerous others were harrassed by telephone. Other agents were knowledgable because of Robert Barney's online postings.

    The following information should be used to individually sue Compulife.
    1. Expert Witness of Dr. Martin Walker PhD of Stanford - Brutally thorough disection of Compulife's false claims. Dr. Walker has testified numerous times for Google, Apple, etc.
    2. Motion to Strike Compulife expert witness by N.A.A.I.P.'s attorney
    3. Decision by Judge Rosenberg to Deny Compulife's injuction request - From June, 2017 and based on Robert Barney of Compulife's words only.
    4. Those who will be initiating an individual Compulife lawsuit should contact N.A.A.I.P. for additional material.
    5. My opinion is that this is a "slam dunk" lawsuit against Compulife.
    6. Good Luck.
     
  2. MosesNewmanNAAIP
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    Judge decision on March 12, 2018 - Judge decision-compulife-lawsuit-final - 53 page decision by Federal Judge James M. Hopkins that shows that N.A.A.I.P. is good and that Compulife's lawsuit claims are false This was a bench trial (decided by the Judge) and thankfully Federal Judge James M. Hopkins was a former computer programmer.
     
    Last edited: Apr 1, 2018
  3. MosesNewmanNAAIP
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    The defamation website operated by Robert Barney of Compulife that was named after an original founder of N.A.A.I.P. is now down. My feeling is that Compulife has a real chance of not existing. Mr. Barney of Compulife stated clearly on that defamation website that over 2,000 insurance agents were guilty of software piracy.

    It is quite possible that some of those 2,000 insurance agents don't enjoy being called online as software pirates by Robert Barney and Compulife.

    Any agent that sues Robert Barney and Compulife can easily collect a 5 or 6 figure judgement.

    Link to page that discusses the various options for the Compulife lawsuit.
     
    Last edited: Mar 18, 2018
  4. MosesNewmanNAAIP
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    The Following Actually Happened, (email blast that was opened by 4,553 N.A.A.I.P. agents as of today)

    The owner of Compulife, Mr. Robert Barney, which sells a term life quote engine to insurance agents, waged a brutal campaign in an attempt to destroy N.A.A.I.P. agent websites. It was brutal - The following is a list of actions that Mr. Barney has done since April, 2015.

    • April, 2015: Mr. Robert Barney started the first of over 500 posts on an insurance agent forum lambasting N.A.A.I.P. and its agents as being software "pirates."
    • Quoting on the forum and other place that 5 years in jail is the punishment for piracy (this forums's negative content has been deleted recently).
    • May, 2015: 400 N.A.A.I.P. agents were sent a US mail letter from an attorney's office in Kentucky demanding the N.A.A.I.P. agent cease and desist using their free N.A.A.I.P. website and term life quote engine because continuing to use N.A.A.I.P. would be considered "piracy." Enclosed in this letter was a demand for payment of $540 for prior use. A affadavit affirming this "priacy" was signed by a third party. 11 N.A.A.I.P. agents ended up sending Compulife money.
    • Understandably, many N.A.A.I.P. 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 N.A.A.I.P. website.
    • Mr. Barney smelled success and gathered a total of 2,200 names, phone numbers and email addresses of N.A.A.I.P. agents via Google searches.
    • These 2,200 agents were bombarded with multiple well-written emails from Mr. Barney demanding a "cease and desist" of the agents' "piracy" as well as a $540 payment. Thankfully, only 11 agents in total sent Mr. Barney money.
    • Mr. Barney followed up these multiple emails with a telemarketing campaign. Phoning agents and leaving messages. Mr. Barney went so far as to have an excel spread-sheet of his contacts with the 2,200 N.A.A.I.P. agents.
    • Mr. 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 N.A.A.I.P. website. Mr. 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 N.A.A.I.P. and the agents who have used N.A.A.I.P. 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 Mr. Barney listing the agent name, link to agent website and the word "priacy" 12 times was designed to having the agent's name appear in Google as a "software pirate."
    • During this time period Mr. Barney was in contact with multiple entities to attempt to "shut down" N.A.A.I.P. and harm our insurance agent of record, Binyomin *** and family. Obviously, N.A.A.I.P. and Mr. *** will be filing a multi-million dollar lawsuit against Compulife and Mr. Barney.
    • Spring, 2016: Mr. Barney and Compulife sued in Federal Court Binyomin ***, Binyomin's relation, the owner of N.A.A.I.P. Mr. Aaron Levy 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 accepting the offer to work at N.A.A.I.P.. 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 Mr. Barney to have informed those 2,200 agents that his "beef" was copywrite infringement and not "piracy." lol.
    • Late 2016: Mr. Barney and Compulife filed in Federal class-action lawsuit alleging "infringement." 8 agents were named as representives of the class of 1,826 named N.A.A.I.P. 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 N.A.A.I.P. and prosecuting the "pirates."
    • Compulife also sued entities that were paying N.A.A.I.P. and/or related parties.
    • Obviously, the class-action lawsuit was immediately "stayed' by the Federal Judge pending the outcome of the initial claim.
    • March, 2017: There is a hearing on Compulife's injuction request to "shut down" N.A.A.I.P. 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 Mr. Barney and Compulife to stop defaming N.A.A.I.P. and its agents.
    • August, 2017: All parties were forced to attend an arbitration hearing before a federal judge and Compulife demanded $5 million dollars and that N.A.A.I.P. to be "shut down."
    • October 2, 2017: I, 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.
    • I, being a NYU educated computer programmer, researched this case. I was certain that the case had no basis from day one.
    • I was shaking my head wondering how Compulife had "the culiones" to spend (in my estimation over $700,000 in attorney fees) on these ridiculous claims.
    • Thankfully, for N.A.A.I.P. 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 I envisioned after spending a day researching Compulife's claims.
    • Click Here to Read Judge Hopkins Ruling
    • In my opinion, Compulife's claims were frivolous and Compulife's Attorney Joel Rothman of Boca Raton should be sactioned by the court for wasting the court's time in filing the Compulife lawsuit.
    • In my opinion, Compulife Attorney Joel Rothman of Boca Raton profited handsomely in the way of attorney fees and is laughing all the way to the bank.
    • 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.
     
    Last edited: Jul 11, 2019
  5. MosesNewmanNAAIP
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    A big thumbs up from our E & O carrier that cut a check for quite a bit of cash to reimburse N.A.A.I.P. for legal fees. Unfortunately for Robert Barney and Compulife, he will have to reimburse the E & O insurer for those fees. N.A.A.I.P. will be requesting $160,000. The hearing will be soon on this matter. N.A.A.I.P. took on investors during a critical time to pay legal fees, programmers, etc. Thankfully, things worked out and allowed us make great relationships.

    Unfortunately or fortunately, N.A.A.I.P. did not file with the E&O carrier till about a year into the case. As well, Robert Barney sued 4 individuals (who all used the same attorney - oops) which means that N.A.A.I.P. did not get fully reimbursed, since only our licensed insurance agent had E&O.

    More N.A.A.I.P. vs Compulife lawsuit news. Robert Barney already filed an appeal to Judge Hopkins' decision. Good luck on that one. You can see Judge James M. Hopkins 53 page decision here.

    A quote from N.A.A.I.P. attorney as she was talking to Compulife attorney.
    Direct quote: "Appealing this decision will only hurt Robert Barney and you know that."

    The massive lawsuit against Compulife and Robert Barney personally will occur soon enough. Surely, we will be demanding millions.

    Death by a thousand cuts. Any agent that sues Compulife would have an easy victory and quick cash in his/her pocket. I personally feel bad as to how Compulife harmed thousands of insurance agents nationwide. I encourage agents to seek compensation.
     
    Last edited: Apr 11, 2018
  6. MosesNewmanNAAIP
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    I read Robert Barney's appeal. 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 Nancy Miracle - 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 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.

    [​IMG]
     
    Last edited: Aug 29, 2018
  7. MosesNewmanNAAIP
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    My attorney tells us that Mr. Barney will fight tooth and nail on every motion. Appeal, reimbursement of my legal fees. The tortious interference and defamation I am sure will go to a jury trial.

    At the end of day, N.A.A.I.P. will likely be the proud owner of Compulife and its termsale website. My feeling is that Mr. Barney will not settle. He will roll the dice and get a multi-million dollar judgement.

    In the meantime, VAMdB CRM now works with NinjaQuoter. For years, VAM sent tons of clients to Mr. Barney.

    It is understandable that a normal human being would not want to do a business partnership with a company that is anticipating huge judgements.
     
    Last edited: Jun 2, 2018
  8. MosesNewmanNAAIP
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    With all this turmoil surrounding N.A.A.I.P. since April, 2015 when Mr. Barney marked us for destruction it is amazing that we survived. 8,561 free agent websites as of today. Dozens sign up daily.

    N.A.A.I.P. is now the most popular girl the Term Life Senior Prom. Offering 20 Year Term from America's lowest priced 20 year term - 123% First Year Compensation.
     
    Last edited: Jul 8, 2018
  9. MosesNewmanNAAIP
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    The 123 Term Life Club is extremely good for agents. If You are not receiving 123 percent for the carrier that has the lowest term life rates. Talk to me.
     
    Last edited: Apr 27, 2019
  10. MosesNewmanNAAIP
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    After doing a thorough review of the major players in the life insurance quoting software industry, I am thoroughly impressed with iPipeline. N.A.A.I.P gives free access to iPipeline - Just ask me and I will show you the link. Hint (at very bottom of N.A.A.I.P). Unfortunately iPipeline does not offer quote engines for websites, and that is where my company comes in.

    I have lots of respect for what NinjaQuoter has done with its term life quoter, but I truly feel that N.A.A.I.P did a better job on its life quoter, especially considering that it is free.
     
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