Venting Online, Consumers Can Find Themselves in Court

[groovedaddy]

After a towing company hauled Justin Kurtz’s car from his apartment complex parking lot, despite his permit to park there, Mr. Kurtz, 21, a college student in Kalamazoo, Mich., went to the Internet for revenge.

Outraged at having to pay $118 to get his car back, Mr. Kurtz created a Facebook page called “Kalamazoo Residents against T&J Towing.” Within two days, 800 people had joined the group, some posting comments about their own maddening experiences with the company.

T&J filed a defamation suit against Mr. Kurtz, claiming the site was hurting business and seeking $750,000 in damages.

Web sites like Facebook, Twitter and Yelp have given individuals a global platform on which to air their grievances with companies. But legal experts say the soaring popularity of such sites has also given rise to more cases like Mr. Kurtz’s, in which a business sues an individual for posting critical comments online.

The towing company’s lawyer said that it was justified in removing Mr. Kurtz’s car because the permit was not visible, and that the Facebook page was costing it business and had unfairly damaged its reputation.

http://www.nytimes.com/2010/06/01/us/01slapp.html?th&emc=th

[Taverner]

1. How is this different than the Soviet Union?

Seriously - whether its one big brother, or a bunch of little brothers - if you can't say what you want, then its called OPPRESSIVE

[RKP5637]

4. Yep, I think that's where we're headed. Wait 'till people like Limbaugh, Beck and the

like start lawsuits because someone said something bad about them on the internet, even DU.

[Taverner]

5. Here you watch on internet, in America internet watches YOU

[Vinnie From Indy]

2. I am quite sure that the lawsuit won't help either

dumbass towing pricks.

[leveymg]

3. Most towing companies are parasites. So, sue me.

[LiberalFighter]

6. First off I'm wondering whether their claim is justified.

If the toe sucking tow company does find relief there is no way it can justify $750,000 in damages. I would have damages reduced by the amount of possible loss of business for a year and deduct any involving contract services where the person being towed doesn't have a choice. It is highly unlikely that persons in need of towing services would remember this incident after a year.

If the towing company wins big time then they need to look into the connection to the judge.

[emulatorloo]

7. T&J's lawsuit will go nowhere. Kurtz is justified because what he says is true

Besides that. how are they going to prove "lost business" of $750,000? They no doubt still have their "NO PARKING - Your Vehicle Will Be Towed" contracts, they are still towing.

[RaleighNCDUer]

9. These suits are not filed to win damages. They are filed to cost the

respondents money in defending themselves, and thusly shut them the fuck up. Even if the kid wins, it can cost him thousands of dollars.

Usually it's big corporations, and Scientologists, who file these harassing suits, but I guess they can work for smaller assholes as well.

[earthside]

10. SLAPP

"Strategic lawsuit against public participation"

http://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation

"A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.

The plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat."

[RaleighNCDUer]

12. That's it - SLAPP

You'd think with a name like that I'd remember it.

[earthside]

13. I never do ...

... having been the recipient of a SLAPP in the mid 1990s.

They say "you can't fight city hall."

In many ways, it is absolutely true.

[emulatorloo]

11. I expect a liberal lawyer will do some pro-bono work

It isn't defamation if it is true. Most judges recognize that, I can't see this even going to trial

[The_Commonist]

8. "The towing company’s lawyer said...

...that the Facebook page was costing it business and had (unfairly?) damaged its reputation.

Seems kinda like that was the point.