cooling_dude
Bye Bye's for the PPI
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Post by cooling_dude on Aug 1, 2016 18:00:21 GMT
If I create a post with a link that would name a borrower but make it so that it requires a password (and instructed members to PM me for said password), would that be acceptable?
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ilmoro
Member of DD Central
'Wondering which of the bu***rs to blame, and watching for pigs on the wing.' - Pink Floyd
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Post by ilmoro on Aug 1, 2016 18:02:43 GMT
If I create a post with a link that would name & shame, but make it so that it requires a password (and instructed members to PM me for said password), would that be acceptable? How do you determine they are SS lenders?
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cooling_dude
Bye Bye's for the PPI
Posts: 2,853
Likes: 4,298
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Post by cooling_dude on Aug 1, 2016 18:11:47 GMT
If I create a post with a link that would name & shame, but make it so that it requires a password (and instructed members to PM me for said password), would that be acceptable? How do you determine they are SS lenders? I didn't mention SS... okay you know me too well, of course, I am mainly a SS investor. Because they would have picked up on the link via the SS sub-thread, but that's not the point. I was always under the impression the MODs didn't want us to name & shame because anybody on the web could happen across the link. I've never been disciplined for posting "if you want the link PM me".
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Post by Admin on Aug 1, 2016 18:30:30 GMT
If I create a post with a link that would name & shame, but make it so that it requires a password (and instructed members to PM me for said password), would that be acceptable? The immediate gut reaction of all the mods that have have seen this post, is no it wouldn't be acceptable. (There is no one definitive reason, more an accumulation of concerns regarding this approach).
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Post by martin44 on Aug 1, 2016 18:55:02 GMT
(There is no one definitive reason, more an accumulation of concerns regarding this approach).
I think more info on this thought would help please.
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Post by mrclondon on Aug 1, 2016 19:13:45 GMT
(There is no one definitive reason, more an accumulation of concerns regarding this approach). I think more info on this thought would help please. A few off the top of my head: - password cracking software is readily available - liability of forum staff and the poster for the use of the forum for the dissemination of false / malicious information - hampering recovery efforts on loans by disseminating privledged information - hampering legal investigations into the possible malicious intent of the poster It really isn't sensible to share potentially false / malicious information even through PM's. The bottom line is the poster can not be sure where that information will end up ... better not to publish than risk the legal consequences of publishing.
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Post by mrclondon on Aug 1, 2016 19:38:24 GMT
Here is some interesting background regarding the risks of publishing "stuff" online ... its American based so will not be wholly relevant, but before you dismiss the American aspects give some thought to the fact that this forum is hosted in the US with Proboards, an American company. www.dmlp.org/legal-guide/risks-associated-publication
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james
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Post by james on Aug 2, 2016 5:04:34 GMT
If I create a post with a link that would name & shame, but make it so that it requires a password (and instructed members to PM me for said password), would that be acceptable? It would be foolish to create any post where the clear intent of the post was to "name and shame" since that would implicitly be an attempt at defamation unless could prove that your assertions were either true or your honest and non-malicious opinion (well, not quite strictly but you'll see the point, I'm sure). Intent to shame and lack of malice are not happy bedfellows and for your own protection it's very highly desirable that your posts should never seem malicious. Then you would need to consider the potential impact of the unfair debt collection guidance if you were naming an individual and whether your action might impair the ability to successfully collect a debt owed by an individual. You would earn few friends if a court was to rule that on the basis of your post an unfair debt collection practice had been used. Rather than any naming and shaming approach, you might consider giving the facts as you believe them to be and your opinion based on those facts, inviting comment and correction if you have got anything wrong. Of course you should not normally* name an individual here, though at an alternative venue like MSE that might be acceptable, if done according to their own policies - which would not be likely to endorse a post intended to shame someone, but may well accept one intended to disseminate facts of interest to other posters. Something that may well be fine here is simply providing a link to further possibly relevant information, leaving it to readers to form their own opinion, though you'd need to obfuscate the borrower identity to meet the usual practice here not to name borrowers in most circumstances. Which of course is another problem with a name and shame approach, however indirect, for a name and shame is implicitly about naming and you're usually not supposed to be doing that. *normally because there are envisionable cases where it'd be fine, but they are not likely to be at all common.
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Post by Deleted on Aug 2, 2016 9:18:02 GMT
If you want to name and shame just use subtle descriptions, this isn't rocket science.
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cooling_dude
Bye Bye's for the PPI
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Post by cooling_dude on Aug 2, 2016 10:19:34 GMT
If you want to name and shame just use subtle descriptions, this isn't rocket science. Sometimes when (what I believe) important information becomes available that I think it important for investors to see the source material, as well as my own post. I'm happy to accept the MODs decision on this one (and I certainly don't envy their jobs!), and will continue the subtle descriptions method.
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james
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Post by james on Aug 2, 2016 18:07:42 GMT
Sometimes when (what I believe) important information becomes available that I think it important for investors to see the source material, as well as my own post. There's a generic P2P thread over at MSE but not many platform-specific ones. I suggest that you start a topic "P2P: platform name" for any platforms of interest to you for discussions related to that platform if there isn't one already. This will provide a way to do the things that policy here prohibits, notably improved shared due diligence with things like cost sharing for Land Registry results.
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james
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Post by james on Aug 2, 2016 18:34:24 GMT
There are already topics over there for the platforms Ablrate, Bondora, Moneything and SavingStream.
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Post by mrclondon on Aug 2, 2016 18:53:13 GMT
There are already topics over there for the platforms Ablrate, Bondora, Moneything and SavingStream. I have removed the links to the threads on MSE. There is too great a danger of google crawlers relating information on this forum to that posted elsewhere. You will no doubt view this as overkill, but the way this thread has evolved suggests these threads on MSE are to allow the explicit naming of borrowers. The actions taken by the moderation team on this forum are to protect ALL stakeholders and that includes forum posters.
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Post by mrclondon on Aug 2, 2016 18:56:13 GMT
I would strongly recommend forum members NOT to to post details of borrowers on any website without first seeking your own legal advice as to the extent of your liability under the Defamation Act 2013.
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james
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Post by james on Aug 2, 2016 19:00:37 GMT
I think that you'll find that the topics are provide far broader discussions than you appear to believe will happen, with so far none of the nature that you have suggested concerns you.
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