Unfortunately, if you talk to a typical lawyer, they will always say that it is in your best (legal) interest to send a strong response back (at a mere $300 hour, or $3000 flat fee).
1. advertises the "top 3% of freelance talent" on its home page
2. on an inside page says that what that really means is roughly the top 3% of freelancers who apply to join Toptal
3. on the same inside page states that it rejects nearly 3/4 of those applicants at the first step for unsuitable language/communication/personality before they start testing for technical ability
4. also on the same page advertises that applicants will need to complete a 1-3 week test project before being allowed to join their network in addition to passing various earlier screens?
> 2. on an inside page says that what that really means is roughly the top 3% of freelancers who apply to join Toptal
Sounds like that first claim is a blatant lie, and the real top freelance talent cannot be found on Toptal. They won't hire everybody, so the talent they offer is probably solid mid-tier.
But we won’t give into their fear tactics.
They can throw SLAPP suits all they want.
I say bring it on!
These are common scare tactics by large investor backed organizations, to try and make all possible competition disappear. They especially target small, bootstrapped businesses like ourselves that are more favored by entrepreneurs for their low-budget hiring requirements. And Toptal knows that we'll never be able to battle them out in courts. So they try to enforce fear to silence us.
It's not going to work this time. I won't be silenced.
https://prunescape.fandom.com/wiki/The_Reply_Given_in_Arkell...
https://lettersofnote.com/2011/02/14/regarding-your-stupid-c...
letters of note has also the Arkell vs. Pressdram letter:
https://lettersofnote.com/2013/08/07/arkell-v-pressdram/
though there it says that there never was a proper legal case on the matter.