 Is free speech protected on the internet? T&J Towing of Kalamazoo, Mich. doesn't think so. It's suing a student for $750,000 after he complained about a bad experience with the company on Facebook. (Source: Wood TV 8)
Company has long track record of poor service, according to locals
Paying
for college is never easy. However, an angry small business is
try to make paying for college even tougher for one unlucky student
at Western Michigan University in Kalamazoo, Michigan. The
student, Justin Kurtz, was frustrated with an experience with the
local towing company T&J Towing, so he decided to take action by
creating a Facebook group "Kalamazoo
Residents against T&J Towing". Now T&J Towing
is suing
Kurtz for $750,000 in damages, accusing him of libel and
character defamation.
Kurtz was shocked at the suit. He
points out that the site did not promote any untrue statements or
threats, it merely encouraged customers to share their experiences.
He states, "It's kind of shocking. It's a little comical for how
much he's suing me. It's not like I was making untrue claims or
anything. t's not like I had control over anything that
everyone had posted the whole time. I told everyone to be
professional, don't post any threats. Just tell your story and that's
what pretty much everyone did."
T&J Towing hardly has
a sterling record. The company is employed by local businesses
and apartment complexes to remove unwanted vehicles, but many
Kalamazoo residents claim their cars were towed from their own
apartment complexes or while parked in legitimate spaces while
visiting friends. Multiple complaints have been filed against
the company with the Michigan Better Business Bureau.
Professor
Curt Benson, an instructor at Cooley Law School (Michigan) says the
lawsuit is bizarre both in the amount and the claims. He says
that the company's lawyers will have to prove that Kurtz was lying on
the page, a tough task. He states, "So frankly, he's got
an awfully hard lawsuit to win here and frankly, I get the impression
it's more like him sending a message to the community, 'don't say
anything negative against me because I'll file a lawsuit against
you.'"
Kurtz says that he doesn't know where he'd get
that kind of money from, if he loses the case. He states, "And
the first few years out of college, I probably still won't be making
a tenth of that. I don't know where he thinks he'll get the
money from."
If he wins the case, however, he may be able
to countersue for damages and legal expenses for bringing a frivolous
suit against him.
Local media organizations contacted
T&J Towing, but it and its legal representatives refused to
comment on the case.
The Facebook group is still going strong;
enrollment jumped from 3,800 members to 5,500+ members after the
story broke on local news networks.
"The Space Elevator will be built about 50 years after everyone stops laughing" -- Sir Arthur C. Clarke
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