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Old 14-01-2004, 05:43 PM
Nsty N8
 
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Default What Can I Legally Say?

Hello

I received BAD service from an online plant dealer. The site was incorrect
about what they had in stock, the plants were shipped 2 weeks late and they
won't respond to my emails or phone calls. I also received melted plants.

What can I say or write without getting myself sued.


N8
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Old 14-01-2004, 06:34 PM
RedForeman ©®
 
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Default What Can I Legally Say?

me and the wife were talking about all that sueing that is going on, and the
legal maneuvering crap...

personally, I am not one for worrying about what I say, I 'hide' behind
"freedom of speech" and I won't name names....

Maybe you could call it a friendly warning = bad service, bad shipping and
we'll all take the 'hint'.... persay...

who was it?

--
RedForeman ©®


"Nsty N8" wrote in message
...
Hello

I received BAD service from an online plant dealer. The site was

incorrect
about what they had in stock, the plants were shipped 2 weeks late and

they
won't respond to my emails or phone calls. I also received melted plants.

What can I say or write without getting myself sued.


N8



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Old 14-01-2004, 07:35 PM
Dunter Powries
 
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Default What Can I Legally Say?

Nsty N8 wrote in message
...
Hello

I received BAD service from an online plant dealer. The site was

incorrect
about what they had in stock, the plants were shipped 2 weeks late and

they
won't respond to my emails or phone calls. I also received melted plants.

What can I say or write without getting myself sued.


You can state anything that actually-factually happened, and your own
first-person opinion concerning it.

In other words, you can say, "my plants were late and it made me sad," but
you should probably not say, "I think they did it on purpose because they're
dickheads and so does everyone else"


  #4   Report Post  
Old 14-01-2004, 07:43 PM
Eric Schreiber
 
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Default What Can I Legally Say?

(Nsty N8) wrote:

I received BAD service from an online plant dealer. The site was incorrect
about what they had in stock, the plants were shipped 2 weeks late and they
won't respond to my emails or phone calls. I also received melted plants.
What can I say or write without getting myself sued.


Unfortunately, there is very little correlation between what you can
legally say and what you can be sued for saying. Anyone with the
inclination can bring a lawsuit for just about any absurd crap. They
may not win it, but that's often not the point - their intent is more
to hassle, harass, and stifle other complaints.

My personal opinion, and I'm a hotheaded computer geek, not a lawyer,
is to say what you want, but stick very clearly to the indisputable
facts ('site said item x was in stock', 'promised shipping date was',
'actual shipping date was', 'sent email on Monday', etc). Back
everything up with documentation if you can. When you state an
opinion, be clear that it is only your opinion.

This won't protect you from some disreputable, unscrupulous person or
company suing you - nothing will if you choose to speak - but it will
make the potential cost for them higher. Their own reputation is going
to be far more damaged by bringing a lawsuit over factual comments
(see PetsWarehouse fiasco) than the comments themselves ever were, and
their chances of losing or being tossed out of court by an even
moderately intelligent judge will be higher.


--
www.ericschreiber.com
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Old 14-01-2004, 08:02 PM
coelacanth
 
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Default What Can I Legally Say?

Well, unfortunately, you cam be sued for anything by anyone.
And even a baseless suit (like the Petswhorehouse suits) can
run serious bucks to defend against.

You may not want to post anything in an open forum like
this. Alot depends on how trigger happy the company is.

-coelacanth

"Nsty N8" wrote in message
...
Hello

I received BAD service from an online plant dealer. The site was

incorrect
about what they had in stock, the plants were shipped 2 weeks late and

they
won't respond to my emails or phone calls. I also received melted plants.

What can I say or write without getting myself sued.


N8





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Old 14-01-2004, 11:03 PM
kev
 
Posts: n/a
Default What Can I Legally Say?

On 14 Jan 2004, the world was enlightened by Nsty N8's opinion about...

Hello

I received BAD service from an online plant dealer. The site was
incorrect
about what they had in stock, the plants were shipped 2 weeks late and
they won't respond to my emails or phone calls. I also received melted
plants.

What can I say or write without getting myself sued.


N8


Along with what the others said -

Do you know which state/country the e-tailer resides in? You may want to
try writing to the Better Business Bureau (or equivalent) in that state or
that state's consumer affairs office. Also, does your local newspaper/TV
station(s) have a consumer help line? They can be *very* effective in
getting you a refund or replacement plants. It'll help if you've got
pictures of the melted plants, the tracking history from the shipper and
the online/email confirmation of your order.


hth,

kev

--
Civilization.

An organized system of alternatives to the stone age - CJCherryh
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Old 15-01-2004, 05:32 AM
Jim Morcombe
 
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Default What Can I Legally Say?

I agree with Eric.

In practice, a company won't sue anyone just to recover costs or lost
opportunities unless they believe you have a lot of money or are insurred
against this type of thing.

Usuallyany law suit would simply be to scare you aware or to prevent others
from saying anything similar.

If you do have enough money to be worth sueing, then say whatever you like
and let then sue. The odds are that they will not follow through because
they know they will be out of business before the thing has worked its way
through the courts.

If you don't have any money, then say whatever you like and let them sue.
Just let the legal system take its process and do everything yourself. It
will take just as long and again they will be out of business before the
case gets resolved.

In other words - they are just bluffing.

I'm an Australian, but I assume the same holds true in America.

It is very traumatic the first time you get sued.

However, if you just relax and treat it as an adventure, it can be fun.
Don't believe the LA Law shows and other TV junk.

Most magistrates and judges see right through the nonsense that is thrown up
by agressive lawyers and manage to take the side of the little guy who is
being picked on. In your case, even if you managed to lose the case, the
damages would be almost nothing.

The best part of letting someone else take you to court is that you have to
spend a few hours watching other cases and you learn a lot about how the
system works.

As you can tell, I have been involved in a few law suits. A few have been
legitimate business cases that have given me ulcers - but most have been
very entertaining.

Jim




Eric Schreiber wrote in message
...
(Nsty N8) wrote:

I received BAD service from an online plant dealer. The site was

incorrect
about what they had in stock, the plants were shipped 2 weeks late and

they
won't respond to my emails or phone calls. I also received melted plants.
What can I say or write without getting myself sued.


Unfortunately, there is very little correlation between what you can
legally say and what you can be sued for saying. Anyone with the
inclination can bring a lawsuit for just about any absurd crap. They
may not win it, but that's often not the point - their intent is more
to hassle, harass, and stifle other complaints.

My personal opinion, and I'm a hotheaded computer geek, not a lawyer,
is to say what you want, but stick very clearly to the indisputable
facts ('site said item x was in stock', 'promised shipping date was',
'actual shipping date was', 'sent email on Monday', etc). Back
everything up with documentation if you can. When you state an
opinion, be clear that it is only your opinion.

This won't protect you from some disreputable, unscrupulous person or
company suing you - nothing will if you choose to speak - but it will
make the potential cost for them higher. Their own reputation is going
to be far more damaged by bringing a lawsuit over factual comments
(see PetsWarehouse fiasco) than the comments themselves ever were, and
their chances of losing or being tossed out of court by an even
moderately intelligent judge will be higher.


--
www.ericschreiber.com


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Old 15-01-2004, 06:03 AM
Jim Morcombe
 
Posts: n/a
Default What Can I Legally Say?

Forget my previous posting. I was assuming certain things that may not be
true.

When something like that happens, always give the supplier the benefit of
the doubt. Assume that he is just an overworked guy who is trying his best
but just can't cope.

Write him a nice letter or email and explain nicely what happenned. You may
be very pleasantly surprised by the response - particularly if others are
giving him hell when he is just trying to do his best.

If he doesn't give you satisfaction, then you can begin telling others on
the net about your bad experiences.

If you just attack him and he believes he is in the right, that is the time
you could find yourself in the middle of a serious lawsuit.

Put yourself in his shoes first.

Jim


Eric Schreiber wrote in message
...
(Nsty N8) wrote:

I received BAD service from an online plant dealer. The site was

incorrect
about what they had in stock, the plants were shipped 2 weeks late and

they
won't respond to my emails or phone calls. I also received melted plants.
What can I say or write without getting myself sued.


Unfortunately, there is very little correlation between what you can
legally say and what you can be sued for saying. Anyone with the
inclination can bring a lawsuit for just about any absurd crap. They
may not win it, but that's often not the point - their intent is more
to hassle, harass, and stifle other complaints.

My personal opinion, and I'm a hotheaded computer geek, not a lawyer,
is to say what you want, but stick very clearly to the indisputable
facts ('site said item x was in stock', 'promised shipping date was',
'actual shipping date was', 'sent email on Monday', etc). Back
everything up with documentation if you can. When you state an
opinion, be clear that it is only your opinion.

This won't protect you from some disreputable, unscrupulous person or
company suing you - nothing will if you choose to speak - but it will
make the potential cost for them higher. Their own reputation is going
to be far more damaged by bringing a lawsuit over factual comments
(see PetsWarehouse fiasco) than the comments themselves ever were, and
their chances of losing or being tossed out of court by an even
moderately intelligent judge will be higher.


--
www.ericschreiber.com


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Old 15-01-2004, 06:04 AM
Eric Schreiber
 
Posts: n/a
Default What Can I Legally Say?

"Jim Morcombe" wrote:

I'm an Australian, but I assume the same holds true in America.


Probably, but I suspect that America holds the world title for Really
Stupid Lawsuit Abuse. It's damn near the national pastime.


--
www.ericschreiber.com


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Old 15-01-2004, 06:04 AM
Eric Schreiber
 
Posts: n/a
Default What Can I Legally Say?

"Jim Morcombe" wrote:

Forget my previous posting.


Do I have to? It was a lot more fun

--
www.ericschreiber.com
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Old 15-01-2004, 06:04 AM
Bob Alston
 
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Default What Can I Legally Say?




"Eric Schreiber" wrote in message
...
"Jim Morcombe" wrote:

I'm an Australian, but I assume the same holds true in America.


Probably, but I suspect that America holds the world title for Really
Stupid Lawsuit Abuse. It's damn near the national pastime.


--
www.ericschreiber.com


Before you shoot your mouth off, take a good read at this:

http://petsforum.com/psw/

Regardless of the appropriateness of what you say, a vendor who is unhappy
with what you post can file a suit and cause you to spend money on attorney
defense. Tread carefully.

--
Bob Alston

bobalston9 AT aol DOT com


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Old 15-01-2004, 07:04 AM
Eric Schreiber
 
Posts: n/a
Default What Can I Legally Say?

"Bob Alston" wrote:

Regardless of the appropriateness of what you say, a vendor who is unhappy
with what you post can file a suit and cause you to spend money on attorney
defense. Tread carefully.


Yes, Bob, that was kind of the gist of most of the replies in the
thread.

--
www.ericschreiber.com
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Old 15-01-2004, 09:04 AM
Jim Morcombe
 
Posts: n/a
Default What Can I Legally Say?

I have looked at the site and at the law suits that have gone on. However,
I fail to see where the costs are involved.

It is true that lawyers have been involved and that legal fees are
horrendous. However, it is Robert Novak who is mentioned as having the
legal fees.

You don't need a lawyer to refute stupid law suits like this one. (Although
the lawyers and the LA Law shows tell you that only an idiot goes to court
without one).

Don't let lawyers scare you into treading lightly.

Just do the right thing and you are safe from law suits.

If someone does the wrong thing in business, he can't use the law to shut
you up. The court fees and the legal fees might become massive, but he will
end up paying them.

Jim



Bob Alston wrote in message
news:g5pNb.1691$AA6.763@fed1read03...



"Eric Schreiber" wrote in message
...
"Jim Morcombe" wrote:

I'm an Australian, but I assume the same holds true in America.


Probably, but I suspect that America holds the world title for Really
Stupid Lawsuit Abuse. It's damn near the national pastime.


--
www.ericschreiber.com


Before you shoot your mouth off, take a good read at this:

http://petsforum.com/psw/

Regardless of the appropriateness of what you say, a vendor who is unhappy
with what you post can file a suit and cause you to spend money on

attorney
defense. Tread carefully.

--
Bob Alston

bobalston9 AT aol DOT com




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