backtop


Print 75 comment(s) - last by ol1bit.. on Apr 20 at 2:18 AM


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.



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

Does this student accept PayPal donations?
By Pirks on 4/14/2010 6:43:18 PM , Rating: 3
If yes - somebody please post a link here, I'd donate some green, as well as many other people here I'm sure.

I wanna see this towing fucker countersued successfully for double the amount he sued that student. I suffered enough from these bandit towing fuckers here in BC so I'd donate in a heartbeat. These fucks need to be taught a fucking hard painful lesson, period.

Gotta start facebook group myself someday about these local bandits too, nice idea!




By ClownPuncher on 4/14/2010 6:46:07 PM , Rating: 4
Damn colorful language! I agree 100%, these people are nuts.


RE: Does this student accept PayPal donations?
By chrnochime on 4/14/2010 6:49:07 PM , Rating: 2
When you said BC did you mean BC Canada, or am I mistaken?


RE: Does this student accept PayPal donations?
By Pirks on 4/14/2010 10:07:13 PM , Rating: 2
Yep, BC Canada


RE: Does this student accept PayPal donations?
By B3an on 4/14/2010 10:32:29 PM , Rating: 4
Imagine if Apple made cars, and this company towed Pirks Apple car... i seriously think he would go on a killing spree.


RE: Does this student accept PayPal donations?
By Pirks on 4/15/10, Rating: -1
RE: Does this student accept PayPal donations?
By RjBass on 4/15/2010 10:56:49 AM , Rating: 5
Wouldn't surprise me. Jobs rapes everybody who purchases a Mac.


RE: Does this student accept PayPal donations?
By jvillaro on 4/14/2010 7:23:27 PM , Rating: 3
Finally a Pirks post with a 5 rating :)


RE: Does this student accept PayPal donations?
By BBeltrami on 4/14/2010 7:43:01 PM , Rating: 5
Actually, that's two in as many days. It's shocking. I vote "Alien remote control".

<cue McCoy>

"His BRAIN has been stolen, Jim."


By Smilin on 4/14/2010 8:58:25 PM , Rating: 2
Strange, I heard that in the actual voice of McCoy in my head.

Yep, I witnessed. two in two days.


RE: Does this student accept PayPal donations?
By inighthawki on 4/14/2010 7:59:08 PM , Rating: 2
Congratulations on your first 5, Pirks.


RE: Does this student accept PayPal donations?
By neothe0ne on 4/14/10, Rating: -1
By inighthawki on 4/14/2010 8:07:06 PM , Rating: 2
I read a lot of them actually, and I consistently see -1 next to pirks name, so maybe I missed your point...


By Gul Westfale on 4/14/2010 8:30:45 PM , Rating: 2
a memory of a unique occurence that he will cherish forever. it just works so, so... seamlessly.


RE: Does this student accept PayPal donations?
By Pirks on 4/14/10, Rating: -1
RE: Does this student accept PayPal donations?
By inighthawki on 4/14/2010 11:48:18 PM , Rating: 3
I guess you didn't know the point was not to be taken literal. Sorry i don't want to read through all 4090 of your posts to find all the 5s.


By SlyNine on 4/16/2010 3:45:48 AM , Rating: 2
I swear to god I seen a few -5s.


RE: Does this student accept PayPal donations?
By omnicronx on 4/15/2010 12:17:42 AM , Rating: 5
*reality distortion field REACTIVATE*

.. sorry guys, hes gone again =/


RE: Does this student accept PayPal donations?
By Pirks on 4/15/10, Rating: -1
RE: Does this student accept PayPal donations?
By Sazabi19 on 4/15/2010 3:52:07 PM , Rating: 2
God Pirks, you are so hated in here it's almost reached a level of awesome... how do you feel man!?!?


RE: Does this student accept PayPal donations?
By SlyNine on 4/16/2010 3:47:02 AM , Rating: 5
They should make a new rating belowe -1, call it pirks.


By Seemonkeyscanfly on 4/16/2010 5:08:13 PM , Rating: 2
hmmm... I think that would be to high... maybe -1, disliked, really disliked, hated, just evil, then pirks. :)

Sorry pirks but you do seem to have solid control of the negative ratings.


By bhieb on 4/15/2010 10:27:34 AM , Rating: 2
Well I was going to read and see how many you've gotten, but stopped here.
quote:
Pirks has posted a total of 4092 comments at DailyTech, the average comment rating was 0.81

LOL .81 out of 4092, nice. You have to really try to be that bad, I'm pretty sure grammar/spelling trolls rank higher.


By Black69ta on 4/17/2010 7:20:04 AM , Rating: 2
Really unable to count past 15? What your Industrial Safety record is as bad as your Comment record on here? It was a good comment, but you had to counter it with typical drivel.


RE: Does this student accept PayPal donations?
By rocky12345 on 4/14/2010 11:59:13 PM , Rating: 4
So true they are bandits for sure. A buddy years ago & some other people that lived in his building got suckered into a bad scene by a towing company in AB canada. The apt building had a flood brokin water main from the city & under ground parking. All the cars were flooded. The towing company came in & towed them all to street level & then said they worked it out with the building owners & the building owners would pay to have the cars towed to their yard so they would be
safe.

Well everyone agreed & the cars were towed to the towing companies yard. After when my friend talked to the building owners they had no clue what he was talking about & basically told him to fock off they were not paying it. Not long after each person got a nasty bill from the towing company & they kept on coming because they were in the towing yard & no one could get their cars out because of the insurance claims that were pending. This was a total scam by the towing company they played on every ones emotions & raked in a nice chunk of change from it. Some would say well it is my buddies & other fault for falling for it well maybe so maybe not they were all worried about their cars & belongings being out on the street I guess & if something else was to happen to those cars while on the street things would be even worse because the insurance companies would totally frown on it all for sure.


By HoundRogerson on 4/15/2010 2:49:53 PM , Rating: 3
You do know that proper sentence structure demands the occasional comma, right?


By TGIM824 on 4/15/2010 7:13:25 AM , Rating: 2
Once again, out of retirement.

Make this a 6, even with the language.

I would assume most of us have been towed, and then charged out the ass for storage.


RE: Does this student accept PayPal donations?
By seamusmc on 4/15/2010 8:49:27 AM , Rating: 2
This kind of lawsuit is not new or novel. NPR spent some time on these kind of lawsuits a week or so ago. They're labeled as SLAP's.

They're simply attempts at silencing criticism and are becoming more and more common. The bottom line is most people cannot afford to combat these lawsuits. A competent lawyer will charge $200-250 an hour and it goes up from there. (I, myself, was hit with a bogus suit and quickly settled. It just makes economic sense to settle.)

Congress was considering a bill to change the way these suits are handled so they can be thrown out much earlier in the process. As it is now, a person could be bankrupt several times over before the suit is thrown out.

And ... Yes many of these suits backfire, drawing more negative attention to the company doing the suing.


By Fracture on 4/15/2010 2:54:13 PM , Rating: 3
http://en.wikipedia.org/wiki/Strategic_lawsuit_aga...

SLAPP.
California is one of the most progressive states on the topic, having passed strong anti-SLAPP legislation (a good thing). Vote to pass it in your state or even to pass Federal Anti-SLAPP legislation.

As much as SLAPPs infringe on free speech, they hinder progress in the arts as well when it comes to patents, trademarks, and other IP.


RE: Does this student accept PayPal donations?
By Sazabi19 on 4/15/2010 3:49:26 PM , Rating: 2
So he's Canadian... that explains quite a bit actually :P


RE: Does this student accept PayPal donations?
By ClownPuncher on 4/15/2010 4:22:28 PM , Rating: 3
British Columbia actually rocks compared to the rest of the provinces. I try to take a train up to Vancouver every year for a seriously cheap vacation. I ferried out to Victoria last year and spent some time up by Nanaimo, best $600 vacation I've ever had.

They don't even say "Eh" much up there :)


By foolsgambit11 on 4/15/2010 6:17:34 PM , Rating: 3
Being originally from Northwest Washington State, I've got to say I love BC (and not just from ages 19-21...). And yes, Vancouver Island is absolutely wonderful - Boutchart Gardens, High Tea in Victoria, whale watching tours - it's a great getaway before you even take in the vast empty expanses of the northern part of the island.


By phantom505 on 4/15/2010 6:47:05 PM , Rating: 2
I'm just surprised Pirks had money left over after buying an iPad.


FFS
By ClownPuncher on 4/14/2010 6:45:04 PM , Rating: 5
We seem to have gone retarded. Next thing you know people will be suing restaurant critics and movie reviewers.




RE: FFS
By Aloonatic on 4/15/2010 3:17:51 AM , Rating: 4
Have you seen what he has written on the facebook groups page? Maybe he's changed the group's profile a lot since the article was written, but it doesn't quite add up.

The article says
quote:
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.
However, his facebook group says
quote:
It is my firm belief that my car was recently "broken into" but all that was stolen was my arboretums parking pass. This was an act by T&J so that they could charge me $120 to get my car out of impound. Please invite your friends to get justice against T&J!!!
He's basically accused them of breaking into his car, stealing his permit and then towing his car away in order to extort money from him.

So to go back to your restaurant critic comment, you can review a restaurant, sure. However, if you put in your review that they carried out an illegal act whilst you were there, poisoned you or something, which you could not back up and put that in your review. I don't think it would be unreasonable or the restaurant to sue you, or be able to have some sort of legal recourse.

I'm not sticking up for the comapany by the way. I just wanted to point out that it's not quite as simple as you are suggesting.


RE: FFS
By shin0bi272 on 4/15/2010 9:41:14 AM , Rating: 3
While that may be true that he accused them of breaking into his car he has every right to accuse who ever he wants of breaking into his car. That's free speech. The fact that he said the only thing taken was his parking pass though does lead me to believe that someone wanted to get his car towed... whether it was the towing company themselves or not is debatable.

Though when you think about it that's all a towing company would have to do would be go around and randomly break into cars and steal the parking pass and then tow the car in an hour or two.

Plus the unemployment in Michigan is like 25% so they probably need the work since no one is driving around anymore because they are all unemployed.

And to your restaurant comment... while what you describe is slander and/or defamation the restaurant doesnt come take the food out of your home fridge if you dont leave a tip. The towing companies take your personal property away for lack of a $0.02 piece of plastic no questions asked. Its not like a restaurant where if you dont like the food you can get up and leave and refuse to pay (if it was bad enough and you didnt eat much of it)... these people come in the middle of the night and take what for most people is the second largest investment of their life from them and then charge the owner to do it! They are essentially stealing your car and making you pay for the act.


RE: FFS
By Aloonatic on 4/15/2010 12:44:32 PM , Rating: 2
quote:
While that may be true that he accused them of breaking into his car he has every right to accuse who ever he wants of breaking into his car. That's free speech.
Are you sure? Maybe to his friends, but not in such a public manner. If someone breaks into my house I can't just accused you, especially if your business revolves around home security or you're an estate agent, then expect to get away with it. I'm sure that if this was about you to your business, and the accusations were unfounded, you'd want some avenue for complaint, and some legal recourse.

If he has proof, such as video evidence, then fine. If he doesn't, then I think he might find himself in some hot water. We can't have a system where people can just make unfounded, wild accusations without fear of being taken to task over them. That would be madness.

As for the restaurant thing, I was just going along with what the OP mentioned and was making a general comparison to highlight that the guy hasn't just written a bad review, he's gone a little further than that, he's made accusations too.

Again, to reiterate, I am not defending what the towing company did, if true. Nor do I like them very much and I am well aware that there are many horror stories. I am not on their side. However, if he has no proof and is starting an internet campaign, making accusations that he can't back up, no matter how much we might not like them, he could be in trouble. He has taken things further than some comments suggest that he has.


RE: FFS
By Lifted on 4/15/2010 3:04:01 PM , Rating: 2
quote:
While that may be true that he accused them of breaking into his car he has every right to accuse who ever he wants of breaking into his car. That's free speech.

What country do you live in? This has nothing to do with constitutional protection of free speech and freedom of expression in the USA.


RE: FFS
By ClownPuncher on 4/15/2010 1:29:07 PM , Rating: 2
He did state that it was his "firm belief", not a fact. I get what you're saying, but it isn't the same thing.


RE: FFS
By Aloonatic on 4/15/2010 2:30:55 PM , Rating: 2
It's my firm belief that that was added as an after thought. Probably on the advice of someone with a modicum of legal knowledge, judging by the sentence that followed it. It's rather flimsy as it stands too, to be honest. I hope that he doesn't lose on some semantic technicality :(


RE: FFS
By Keeir on 4/15/2010 7:32:29 PM , Rating: 2
I believe your from the UK Aloonatic, where Libel laws are alot stricker.

In US, we have the Communications Decency Act of 1996, which protects the creation of the Facebook Page.

Michigan is pretty clear on the subject
http://www.legislature.mi.gov/(S(lnsbjg55cbyxjp555...

The key words are "falsely" and "maliciously". In the US, this typically places a burden of proof on the plaintiff to prove the falsity of the statement. Maliciously is a bit more difficult. I see (from his words) no direct name calling. If this is just a facebook page, then I think it will be hard to prove ill-intent....

Conversely, I believe in the UK, the burden of turth falls on the defendant to show that either the statement is true or that there was sufficient evidence to show the statement was true.


RE: FFS
By Aloonatic on 4/16/2010 2:44:46 AM , Rating: 2
For the kids sake, I hope that he doesn't get into trouble.

However, I'm not sure how that you can prove a negative? i.e. that they didn't break into his car and steal his permit. As for malicious, well setting up a facebook group and starting a campaign to badmouth the company all over the world. Based on a claim that he probably has no proof of, seems pretty malicious, and is meant to damage the business. Although, to be fair, they hardly seem like they can get much lower in people's estimations.

The differences you point put in laws like this is interesting. It would be interesting if someone from the Staes wrote something about a UK person/company on a site like facebook. I guess that as they are American and they are writing it in the USA, on a server in the USA the US libel laws would apply, but what if the server was in a third country? Lots of room for lawyers to create confusion.

Back at the ranch... It could well come down to what he put on his page originally. At the moment it seems a little disjointed, which would suggest editing. Does anyone know whether facebook have to retain copies of the different versions of pages? Or how/if someone/a company would get hold of them, if they can. You could write all sorts of things about someone or a company, then change the page at the last minute.


RE: FFS
By Keeir on 4/16/2010 12:54:50 PM , Rating: 2
Its important to remember Aloonatic that different US states have different rules and different application of the rules. In my own state, the statement would not have been considered libel.

As I stated, the burden is up to the towing company to "prove" that the statement is false. Its a Civil Case, so the towing company doesn't have to absolutely prove the statement false, but to successfully win this suit, as I understand Michigan rules, they will need to present some evidence that the statement is likely false. (They did have motive, opportunity, and means). Then they will need to prove that the defendent knew the statement was false or misleading. Then they will need to prove he was malicious. Likely the goal is simply to force him to remove the facebook page rather than defend himself as he is unlikely to be able to pay for his defense.

If people really want to help this kid, sending either a letter or email to the businesses that hire the towing company explaining how the use of a SLAPP lawsuit by the towing company reflects negatively on thier businesses and University would be the best way to go.


hmmm
By AssBall on 4/14/2010 6:57:09 PM , Rating: 5
I'm not sure how having an ""XXX" Is a Bad Company" website or group fits under legal Libel.

A poor review of products or services isn't libel. If it were there would be thousands of companies suing people for $750,000 (rediculous amount, btw), from Qwest to Shell to Micron to Washington Mutual to Amazon.

This infatuation with suing people for money they don't "and won't" have when you don't get things to go your way is really starting to get old.

For companies, its like a "who's legal department has bigger weiners and more capital to waste their competitors money".

For individuals, it's like "thanks asshole now everyone's coffee is going to be twice as expensive AND cold because you are too goddamn dumb to not burn yourself, or too much of a piece of irresponsible trash to not take any personal responsibility for doing so.

And lawyers are just rubbing their greedy hands together waiting for the next tool to come crying to them.




RE: hmmm
By Treckin on 4/14/10, Rating: -1
RE: hmmm
By Performance Fanboi on 4/14/2010 9:18:04 PM , Rating: 4
T&J Towing has spoken.

Thanks for posting.


RE: hmmm
By Treckin on 4/14/10, Rating: -1
RE: hmmm
By futrtrubl on 4/15/2010 12:52:36 PM , Rating: 2
Who the biggest bitcher? The bitcher, or the bitcher bitching about the bitcher?


RE: hmmm
By chagrinnin on 4/15/2010 8:53:33 PM , Rating: 1
Bitch Puddin': BLAAM!


RE: hmmm
By Aloonatic on 4/15/2010 3:03:51 AM , Rating: 4
Have you actually looked at the link to his face book group?
quote:
It is my firm belief that my car was recently "broken into" but all that was stolen was my arboretums parking pass. This was an act by T&J so that they could charge me $120 to get my car out of impound. Please invite your friends to get justice against T&J!!!

-------------------------------------------

I have retained an attorney to represent me in the lawsuit and he has requested that people who may have been treated as I was by T & J Towing provide the following information to his assistant at anya@vincentlegal.com 1. Name 2. Address 3. Phone number 4. Date of incident with T & J; and 5. A brief description of your incident. Given the number of expected responses and the media attention, please do not contact the lawyer's office directly. Thank you.
The part after the dashes was added in the last 24 hrs too.

I woudn't be surprised if his comment has been edited and been watered down (I doubt that he first wrote "It is my firm belief...") since he first posted, when he was really pissed. He seems to be saying that the company broke into his car, stole his permit and then towed his car away, which is going a littler further than just saying they are a "bad company".

I'm not standing up for the company, just saying that he might have done something silly in the first place and it's not as simple as saying that they suck, genuine accusations have been made.

Towing cowboys exist all over the world and act just as badly in most places where there is no strong legislation in place. Maybe he should be going that route too? If he gets more support he could turn this into a full blown campaign to have legislation passed to control the actions of all towing companies. There will be a lot of public support for anything like this.


RE: hmmm
By drycrust3 on 4/15/2010 3:32:16 PM , Rating: 2
Well thought reply.


RE: hmmm
By Sazabi19 on 4/15/2010 4:00:08 PM , Rating: 2
*laughs* You said "weiners" ^.^


He could make a fortune on this
By mcnabney on 4/14/2010 6:44:44 PM , Rating: 2
He will have no difficulty finding an attorney that will defend him for free as long as they get a third of the countersuit. Unless he is deliberately and maliciously lying he has absolutely nothing to fear from this.




RE: He could make a fortune on this
By bighairycamel on 4/14/2010 6:55:15 PM , Rating: 5
Well if he's going to sue Facebook users for complaining, he should sue the BBB while he's at it. Good luck on that one T&J.
http://www.bbb.org/western-michigan/business-revie...

BTW, they got a big fat F rating. haha


RE: He could make a fortune on this
By jimhsu on 4/14/2010 7:16:47 PM , Rating: 2
Wow. An F. I don't think I've ever seen that before aside from in my personal experience.


RE: He could make a fortune on this
By porkpie on 4/14/2010 7:41:28 PM , Rating: 3
"He will have no difficulty finding an attorney that will defend him for free as long as they get a third of the countersuit."

Unfortunately, that isn't correct. A small company like this doesn't have the deep pockets a tort attorney looks for. If they did win a countersuit, they'd find the company had silently drained away nearly all its assets.

The good news is the suit is almost certainly just a brazen bluff to attempt to invoke a takedown. If the defendant stands firm, it'll almost certainly never make it to trial.


By seamusmc on 4/15/2010 9:07:18 AM , Rating: 4
Incorrect. I've been sued, your thinking TV courtroom shows.

There is no counter-suing or suing for court costs for average people. When I asked a couple lawyers about this they had a good chuckle.

(I had a clear-cut open and closed case, that lasted several years. I settled at the break even point, the person suing me hoped I would settle immediately. Obviously this kind of thing only benefits the lawyers, the longer they can string out the process the more they make.)

The best thing this guy can do is what he is doing, letting everyone, who wants to listen, know his story. The towing company is hopefully ruining its own business.

This is not to say that some organization or lawyer wont provide pro bono representation, but they won't do it in a counter-suit hoping for a payday.


this is why....
By cyberserf on 4/15/2010 2:42:21 AM , Rating: 1
you don't use your real name on those lamo sites like facebook. lol




RE: this is why....
By messyunkempt on 4/15/2010 6:29:28 AM , Rating: 4
Wouldn't using a name other that your own completely defeat the whole point of the site though?


RE: this is why....
By cyberserf on 4/17/2010 2:29:13 AM , Rating: 2
that is my point, this site and like it are pointless.


Doomed
By Shadowmaster625 on 4/15/2010 9:49:07 AM , Rating: 2
They arent going to get any money out of that student, even if they do win. But they wont win. The hate generated from this will cut their business in half. AND they will be stuck with legal expenses.




RE: Doomed
By chagrinnin on 4/16/2010 12:30:53 AM , Rating: 2
Therein lies the problem,... when short on cash they resort to illegal towing and outrageous storage fees. As in $100/day every day your car is on the lot, including weekends, when they wont answer the phone. Tow your car on Friday and come Monday morning you're $400 in the hole. I hope these bastards have towed a few judges and lawyers in the past.


RE: Doomed
By Davelo on 4/17/2010 12:16:05 PM , Rating: 2
If some outfit towed my car unlawfully I'd press charges against for grand theft auto.


Streisand Effect Strikes Again
By Redwin on 4/15/2010 1:24:00 AM , Rating: 5
T&J Towing is about to learn a hard lesson in how the internet works.

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




Hope this suit backfires up their stoolhole
By dflynchimp on 4/14/2010 10:17:20 PM , Rating: 2
Companies who sue individuals for these ridiculous amounts often expect that they won't be able to afford the legal fees to defend themselves, and will be forced to pony up to a settlement out of court that most likely includes a gag order (removal of facebook group) and a reduced fine.

This is through and through a bullying tactic that we netizens should not tolerate. This brotha from Michigan has his right to the 1st amendment and from the looks of it there hardly is a motive for him to be lying about his experiences with the company. I hope he gets a lawyer with good chops and not only fights this bully off but countersues for legal and time expenses.




By mmntech on 4/15/2010 7:54:12 AM , Rating: 2
The law isn't that clear on this. It's an unspoken legal rule that says corporations generally can't sue individuals or other corporations for defamation. It's extremely rare.

Tow truck drivers are scum and vultures, generally speaking. Just watch them all parked along the highway ready to gouge anybody who breaks down. This company already has a bad track record. Suing someone for complaining is public relations suicide. Smart corporation either: blame a disgruntled employee, apologize and pretend to fix the problem, or ignore it.


Only thing TJ will accomplish with this
By Mike Acker on 4/15/2010 10:18:16 AM , Rating: 2
the only thing TJ will accomplish with this suit is to display their reputation in front of the nation

perhaps a class action counter-suit can be brought by all improperly towed owners against TJ and their solicitors. may as well get their drivers too




By Muirgheasa on 4/15/2010 1:25:58 PM , Rating: 2
Sounds like an idea!

You can be pretty sure that if there's an anti-anything facebook page with 5000 members it's either a giant in-joke, or it's a legitimate complaint. No way this guy's gonna lost is there? I mean, freedom of expression is gonna be a pretty solid defence unless they can absolutely prove he's lying.


toe suck drivers
By captainentropy on 4/15/2010 3:50:37 AM , Rating: 3
I was towed once by a similar scumpany when I lived in Houston. They claimed I was parked illegally. I told them I was taking them to court to get the ransom back I paid for my car. They laughed. The judged, however, did not laugh. She said their claim was a joke. I won. Took about four months for them to finally pay the $205 back. Four. But I had to pay them within like 12 hours or 24, some short length, or the fee would increase. I fucking hate these companies. I hope the guy wins a counter suit.




By Kahnivorous on 4/14/2010 7:06:01 PM , Rating: 2
This company has no idea what they're doing or where they're going. Well, maybe they do. They're doing everything wrong in the right way to ensure the company fails.

On that note, there absolutely needs to be harsher laws against tow companies. If you have evidence they towed your car without reason, they should be charged with auto theft. If they damage your car, they should be MADE to pay. The only way to do that is get your insurance company to contact their's.




By Skott on 4/15/2010 9:23:04 AM , Rating: 2
I didn't read the suit so I don't know if the kid is telling the truth or not or what was actually said but this should be a reminder to all that when you discuss, comment, complain, ridicule etc., online about anyone or any business or organization that you better have your facts straight and factual and a way to back it up if need be. Think twice before clicking that send/submit button. You have the right in the USA to free speech but there are also laws about slander and such.

My guess is that we'll see more suits like this as more and more people use the Internet.




Law in this country
By ol1bit on 4/20/2010 2:18:09 AM , Rating: 2
It's getting more and more ridiculous. The damage awards have to go down. This kid shouldn't even have to defend himself.

Hopefully someone will do it pro bono.




This only proves
By BailoutBenny on 4/16/2010 5:57:06 PM , Rating: 1
The need to finally eliminate the draconian slander and libel laws completely.

No individual has a right to a reputation. Reputations are opinions about an individual that others form based on their interactions with said individual. To believe that anyone has a right to an intangible abstract construct that they neither created nor control is ludicrous.

No individual has a right to be free of accusation either. Accusations are often misconstrued with legal charges. While falsifying charges is fraudulent, making public accusations about an individual can only serve to change that person's reputation, and as stated before, a person cannot own their reputation.

"Free speech" is often quoted and more often misunderstood. The Constitution plainly lays out that Congress may not make any laws that abridge speech or the press. However, this power is not prohibited to the states, despite many claiming Supreme Court rulings incorporating the amendment into state constitutions. The very act of incorporation is unconstitutional as that power is not granted to the Supreme Court. The states agreed to the contract as written and the power is clearly denied to Congress. Since all powers not granted to Congress and not prohibted to the states are reserved by the states and people, the power to prohibit speech is within a state's authority.

However, in the interests of liberty I would not recommend the states to exercise such power.

Truth be told, I believe the Constitution to be a dead letter. It was a contract signed by people living over 200 years ago and is not legally enforceable on any living individual today. Contracts cannot be bound to succeeding generations in perpetuity, they can only apply to the parties involved in the signing. There is no recognized natural or divine right to pass contractual obligations on to offspring. It IS universally accepted that a contract dies with the persons who made it, unless the contract specifies services rendered posthumously, but even then the services only apply to the individuals who signed the contract.

Nothing in the Constitution even implies that the Constitution itself exists in perpetuity, the preamble only specifies the people signing the contract hope to secure a better future for their posterity by doing so.

Believing that voting implies agreement with the Constitution is fallacious. Offspring are defrauded into believing the legitimacy of the government and threatened with the government's monopoly on the use of force in all aspects of life. In doing so, any acquiescence to the contract, either implied or explicit, is rendered meaningless as the agreement was obtained through fraudulent and coercive means.

Jefferson had it exactly right when he expressed the wish for people to renew the Constitution and laws every 34 years.

Government, by its very nature, is a limitation on liberty.

Ron Paul and Obama were dead even in the latest Rasmussen Reports polls on the 2012 election outcomes. Here's hoping for a real r3volution in 2012!




"The Space Elevator will be built about 50 years after everyone stops laughing" -- Sir Arthur C. Clarke














botimage
Copyright 2012 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki