Federal Judge Awards CVSA Marketer NITV $849,347.92 in Lawsuit Against Rival Dektor Corporation

On 27 July 2018, the so-named National Institute of Truth Verification (NITV) of West Palm Beach, Florida, which markets a scientifically baseless “lie detector” called the Computer Voice Stress Analysis (CVSA) filed a federal lawsuit against the marketer of a rival pseudoscientific voice based lie detector, Dektor Corporation, and its sole proprietor, Arthur Herring III of Coopersburg, Pennsylvania.

NITV alleged “false advertisement, unfair competition, and product disparagement under the Lanham Act, 15 U.S.C. § 1125(a)” and “deceptive and unfair trade practices under Florida’s Deceptive and Unfair Trade Practices Act” and originally sought a total of $4,080,000 in claimed damages. NITV later increased its total claim to $17,871,977.36.

Dektor and Herring, who ultimately proceeded pro se, failed to timely file responses to pleadings in the lawsuit, and the court, which also found that Herring committed “substantial discovery violations,” ultimately entered default judgments against both Dektor and Herring personally.

On Monday, 16 December 2019, the court issued its final judgment, ordering Dektor and Herring to pay NITV $424,673.96 in base damages, which was doubled to $849,347.92 “in light of Defendants’ willful violation of the Lanham Act, misuse of the internet to convey materially disparaging information about Plaintiff and Plaintiff’s product, and discovery misconduct leading to an additional unknown amount of actual damages.”

The final order includes a permanent injunction essentially prohibiting Dektor and Herring from communicating any information critical of NITV, its CVSA product, or its founder, Charles Humble, to anyone.

As previously reported on AntiPolygraph.org, an earlier default judgment in the case ordered, among other things, that Herring remove from the internet a website with content critical of NITV that Herring had created. Much of the content of that website was nonetheless substantially true, and a mirror of the banned website remains available online via Archive.org’s Wayback Machine.

In the course of NITV’s litigation against Dektor, NITV also threatened a federal lawsuit against Dektor’s computer consultant and, without legal basis, attempted to compel AntiPolygraph.org to remove all content mentioning NITV and CVSA.

Pseudoscientist “Dr.” Charles Humble Attempts to Censor AntiPolygraph.org

Charles Wayne Humble in “Heartbeat of America” promotional video

AntiPolygraph.org has received a rather unpleasant letter from James D’Loughy, a lawyer representing NITV Federal Services, LLC (NITV), which markets a scientifically baseless voice-based lie detector called the “Computer Voice Stress Analyzer,” and its president, self-described “Renaissance Man” “Dr.” Charles Humble (who has not received a doctoral degree from any accredited institute of higher education).

In his letter, D’Loughy, of the law firm Advisorlaw, which specializes in helping clients protect their assets from creditors, demands that AntiPolygraph.org remove twelve URLs that comprise a substantial portion of the website.

NITV’s offices at 11400 Fortune Circle, West Palm Beach, Florida (Google Street View)

AntiPolygraph.org is a non-profit, public interest website dedicated to exposing and ending waste, fraud, and abuse associated with polygraphs and other pseudoscientific “lie detectors,” including voice stress analyzers.

D’Loughy avers that a default judgment in a lawsuit NITV filed against its competitor, Dektor PSE, and which, among other things, compelled Dektor to remove a website with content critical of NITV, also compels AntiPolygraph.org—which was not a party to this litigation and which has no privity with Dektor—to remove the twelve links.

NITV’s contention that its judgment against Dektor binds AntiPolygraph.org is absurd. Through our counsel, noted attorney (and former Westchester County, New York police commissioner) George N. Longworth of the law firm Grant & Longworth, we have declined NITV’s demand to remove the twelve links.

While NITV’s demand is without merit, it does serve to highlight the content on AntiPolygraph.org that most upsets NITV and “Dr.” Charles Humble, so it’s worth examining these links here:

  1. A recent blog post titled Federal Judge Orders Immediate Removal of Website Critical of Computer Voice Stress Analysis;
  2. A blog post from 2018 titled NITV Hires Disgraced Ex-Cop Jerry W. Crotty II as Director of Law Enforcement Operations;
  3. A message board thread titled Jury Returns $575,000 Award Against NITV for Defamation;
  4. Every post on the AntiPolygraph.org News blog tagged “CVSA”;
  5. The entire AntiPolygraph.org News blog (yes, really);
  6. A blog post about a presentation on polygraph pre-test interviews (we are uncertain why this is of concern to NITV and Humble, who are not mentioned in the post);
  7. All blog posts in the category “voice stress” (the demand at #5 that we delete the entire blog should have covered this);
  8. A message board thread dating to 2011 titled Canadian police and press believe in CVSA;
  9. A blog post from 2009 titled Baker DVSA Loses a Customer;
  10. The RSS feed for our message board forum on “CVSA and other Voice Stress Analysis Applications;”
  11. Search results for “cvsa” on our blog;
  12. A recent blog post titled NITV Threatens Competitor’s IT Consultant with Federal Lawsuit

For background on NITV and Charles Humble, see ABC Primetime’s 2006 investigative report on the Computer Voice Stress Analyzer: