Towing co. wants $750K from WMU student over Facebook page
04-15-10 | 06:34 AM
#1
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Towing co. wants $750K from WMU student over Facebook page
http://www.woodtv.com/dpp/news/local...vs-WMU-student
If you want a laugh here is the actual letter..
Towing co. wants $750K from WMU student
Justin Kurtz started Facebook page against T&J
Updated: Monday, 12 Apr 2010, 6:22 PM EDT
Published : Monday, 12 Apr 2010, 4:53 PM EDT
By Jessica Leffler
KALAMAZOO, Mich. (WOOD) - A Kalamazoo towing company that has received multiple complaints to the Better Business Bureau is suing the Western Michigan University student who started a Facebook page against the company.
The four-page lawsuit filed by T&J Towing against Justin Kurtz claims defamation of character and libel. It asks for $750,000 from Kurtz, who received the papers Friday.
"It was $750,000 for slander and defamation of character -- lost income, I guess," he said. "It's kind of shocking. It's a little comical for how much he's suing me."
Kalamazoo Residents against T&J Towing is the Facebook page Kurtz started. He simply asked others to share their stories -- something he doesn't see as libel, Kurtz told 24 Hour News 8 on Monday.
"It's not like I was making untrue claims or anything," he said. "It'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."
Some students writing complaints on the page claimed T&J Towing had inappropriately towed their cars while they were in their own apartment complexes or in visitor parking lots.
Standard procedure is for the company's lawyer to write Kurtz a letter and have him retract the comments, Cooley Law Professor Curt Benson said.
The amount of money cited in the suit also is unusual, he added. Normally, a number isn't specified in damages. T&J Towing's lawyer would have to prove Kurtz was lying, and the company faces a tough case, Benson said.
"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,' " he said.
Part of the legal debate is over jurisdiction on the Web.
"Well, in the Internet, you're injured all over the world," Benson said. "And so the big question is, could you, if you had a home in Florida, and I posted something in Kalamazoo -- you read it in Florida -- could you sue me in Florida?"
Regardless, paying $750,000 is not part of Kurtz's budget or future plans.
"And the first few years out of college, I probably still won't be making a tenth of that," he said. "I don't know where he thinks he'll get the money from."
The Facebook page now has more than 3,800 members.
24 Hour News 8 has contacted T&J Towing for comment but has not received a call back.
Justin Kurtz started Facebook page against T&J
Updated: Monday, 12 Apr 2010, 6:22 PM EDT
Published : Monday, 12 Apr 2010, 4:53 PM EDT
By Jessica Leffler
KALAMAZOO, Mich. (WOOD) - A Kalamazoo towing company that has received multiple complaints to the Better Business Bureau is suing the Western Michigan University student who started a Facebook page against the company.
The four-page lawsuit filed by T&J Towing against Justin Kurtz claims defamation of character and libel. It asks for $750,000 from Kurtz, who received the papers Friday.
"It was $750,000 for slander and defamation of character -- lost income, I guess," he said. "It's kind of shocking. It's a little comical for how much he's suing me."
Kalamazoo Residents against T&J Towing is the Facebook page Kurtz started. He simply asked others to share their stories -- something he doesn't see as libel, Kurtz told 24 Hour News 8 on Monday.
"It's not like I was making untrue claims or anything," he said. "It'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."
Some students writing complaints on the page claimed T&J Towing had inappropriately towed their cars while they were in their own apartment complexes or in visitor parking lots.
Standard procedure is for the company's lawyer to write Kurtz a letter and have him retract the comments, Cooley Law Professor Curt Benson said.
The amount of money cited in the suit also is unusual, he added. Normally, a number isn't specified in damages. T&J Towing's lawyer would have to prove Kurtz was lying, and the company faces a tough case, Benson said.
"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,' " he said.
Part of the legal debate is over jurisdiction on the Web.
"Well, in the Internet, you're injured all over the world," Benson said. "And so the big question is, could you, if you had a home in Florida, and I posted something in Kalamazoo -- you read it in Florida -- could you sue me in Florida?"
Regardless, paying $750,000 is not part of Kurtz's budget or future plans.
"And the first few years out of college, I probably still won't be making a tenth of that," he said. "I don't know where he thinks he'll get the money from."
The Facebook page now has more than 3,800 members.
24 Hour News 8 has contacted T&J Towing for comment but has not received a call back.
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04-15-10 | 08:13 AM
#3
So, the Towing company wants to tell everyone:
"Don't say anything negative against me because I'll file a lawsuit against you."
Well, there is only one way to fight this, and that is with the truth. Let the towing company spend thousands on a lawyer (lawyers get paid the most money on frivolous lawsuits...), and let the people have their right to free speech.
"Don't say anything negative against me because I'll file a lawsuit against you."
Well, there is only one way to fight this, and that is with the truth. Let the towing company spend thousands on a lawyer (lawyers get paid the most money on frivolous lawsuits...), and let the people have their right to free speech.
04-15-10 | 09:01 AM
#6
Lexus Fanatic
Joined: Oct 2003
Posts: 91,594
Likes: 88
From: Virginia/D.C. suburbs
Originally Posted by JessePS
Guess the company forgot about free speech.
Freedom also includes the right to do your job as a company, including towing, without slander and libel thrown at you.
I'm not necessarily defending the company, but there are obviously two sides to this case. A lot of people automatically assume that when a corporation sues an individual, everyone should stand up for the underdog, but that's not always the case....sometimes the underdog is wrong. That's why a (hopefully) impartial jury will decide.
Last edited by mmarshall; 04-15-10 at 09:06 AM.
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04-15-10 | 09:25 AM
#9
From what I understand in this article, I've seen the same thing here, hell there was a thread recently about a Fellah who had issues with a Lexus dealership. It's not slander when many people seem to agree or have similar experiences.
04-15-10 | 09:28 AM
#10
Exactly, they thought business was bad before....oh boy.... Might as well turn off the phones now.
04-15-10 | 10:55 AM
#12
What kind of half *** attorney turns in a claim with spelling errors?
"That Defendant has falsely and publically claimed that Plaintiffs have towed vehicles where no violation has occurred and which claims are untrue which Defendant knew or should have know."
First off, the generally accepted version is "publicly." While publically is a variant, it's not technically correct, much like it is "preventive" not "preventative." The latter was added because so many people were making the mistake and adding the fourth syllable. Ridiculous.
Also, "should have know" ?? Really? This is your professional expertise at work? Not only is the lawsuit frivolous, how is the company reading the postings? If it is a publicly controlled area, he cannot be held responsible for what others have said any more than a newspaper can be held responsible for public comments about a business in a story that is posted to the website.
I would try to find an attorney who wants to grow their name and will work pro bono to sue the towing company for misconduct. Depending on what happens in the case, I might even try for a judicial misconduct case against the judge.
Big Mack
"That Defendant has falsely and publically claimed that Plaintiffs have towed vehicles where no violation has occurred and which claims are untrue which Defendant knew or should have know."
First off, the generally accepted version is "publicly." While publically is a variant, it's not technically correct, much like it is "preventive" not "preventative." The latter was added because so many people were making the mistake and adding the fourth syllable. Ridiculous.
Also, "should have know" ?? Really? This is your professional expertise at work? Not only is the lawsuit frivolous, how is the company reading the postings? If it is a publicly controlled area, he cannot be held responsible for what others have said any more than a newspaper can be held responsible for public comments about a business in a story that is posted to the website.
I would try to find an attorney who wants to grow their name and will work pro bono to sue the towing company for misconduct. Depending on what happens in the case, I might even try for a judicial misconduct case against the judge.
Big Mack
04-15-10 | 11:29 AM
#13
What kind of half *** attorney turns in a claim with spelling errors?
"That Defendant has falsely and publically claimed that Plaintiffs have towed vehicles where no violation has occurred and which claims are untrue which Defendant knew or should have know."
First off, the generally accepted version is "publicly." While publically is a variant, it's not technically correct, much like it is "preventive" not "preventative." The latter was added because so many people were making the mistake and adding the fourth syllable. Ridiculous.
Also, "should have know" ?? Really? This is your professional expertise at work? Not only is the lawsuit frivolous, how is the company reading the postings? If it is a publicly controlled area, he cannot be held responsible for what others have said any more than a newspaper can be held responsible for public comments about a business in a story that is posted to the website.
I would try to find an attorney who wants to grow their name and will work pro bono to sue the towing company for misconduct. Depending on what happens in the case, I might even try for a judicial misconduct case against the judge.
Big Mack
"That Defendant has falsely and publically claimed that Plaintiffs have towed vehicles where no violation has occurred and which claims are untrue which Defendant knew or should have know."
First off, the generally accepted version is "publicly." While publically is a variant, it's not technically correct, much like it is "preventive" not "preventative." The latter was added because so many people were making the mistake and adding the fourth syllable. Ridiculous.
Also, "should have know" ?? Really? This is your professional expertise at work? Not only is the lawsuit frivolous, how is the company reading the postings? If it is a publicly controlled area, he cannot be held responsible for what others have said any more than a newspaper can be held responsible for public comments about a business in a story that is posted to the website.
I would try to find an attorney who wants to grow their name and will work pro bono to sue the towing company for misconduct. Depending on what happens in the case, I might even try for a judicial misconduct case against the judge.
Big Mack
04-15-10 | 11:40 AM
#14
Big Mack
