<![CDATA[Consumerist: Free Speech]]> http://cache.gawker.com/assets/base/img/thumbs140x140/consumerist.com.png <![CDATA[Consumerist: Free Speech]]> http://consumerist.com/tag/free speech http://consumerist.com/tag/free speech <![CDATA[ Customer Battles Lowe's Online Over $3500 Fence, Wins ]]> Last year, Lowe's horribly botched Allen's $3500 fence installation (see picture, left). When he complained, the installer and Lowes dodged responsibility, but still demanded $3500. Allen refused to pay and they sent his bill to collections. So Allen put up Lowes-sucks.com with pictures, correspondence and phone recordings of his customer service debacle. Instead of fixing Allen's problem, Lowe's sent him a cease-and-desist to get him to take down the website, claiming "trademark infringement." That's when our site picked it up, along with Ars Technica, Digg, and others, driving lots of traffic to Lowes-sucks.com That was a year ago. Now it seems Allen has won his fight.

Allen wrote in this week to say, "The issue between Lowe's, their attorney and I were settled amicably and in a timely manner last year." He wasn't able to provide further details due to the terms of the settlement. Lowes-sucks.com is now a placid "coming soon" page.

Congrats on your success, Allen! Your tale is proof of how one consumer's voice, telling their true story, leveraged online, can force a company to play on equal terms. If you would like to get started doing something like what Allen did, check out our post "How To Fight Companies Online And Win."

PREVIOUSLY: Lowes Resorts To Legal Bullying Instead Fixing Their Horrible $3500 Fence Job
RELATED: Intellectual property laws abused in quest to shutdown Lowes-Sucks.com [Ars Technica]

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Consumerist-5044163 Tue, 02 Sep 2008 09:05:11 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5044163&view=rss&microfeed=true
<![CDATA[ After One Error Too Many Man Places "I Hate Bank Of America" Banner On His House ]]> Avi Oslick is obviously a fan of the movie Network: "I'm mad as hell and I'm not going to take it anymore," Avi Oslick told NBC 10 in Philadelphia. Rather than going to his window and yelling, Avi has placed a huge banner on the side of his house telling the world how he feels about Bank of America.

After Bank of America made one too many errors on his account, costing him "thousands of dollars" Avi had finally had enough.

"I said, 'Listen, you know, if you guys don't work with me on this issue, you know, I'm just going to tell everyone how much I hate the bank,'" Oslick said.

So he did. He says Bank of America called the police, who showed up at his door and asked him to take the sign down. He said no. According to Avi's website, the cop said, "Sounds good to me." You can visit his site at www.ihateboa.com.

Man Displays Anger With Company On Side Of House, Internet [NBC10] (Thanks, Everyone!)

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Consumerist-5019899 Thu, 26 Jun 2008 11:54:04 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5019899&view=rss&microfeed=true
<![CDATA[ Complaint Remover Gets Rid Of "Negative Links," Including LOLCats ]]> complaintremover.jpgComplaint Remover is a special service that says it gets rid of "defamatory" and "negative links" on the internet for you:
The immediate goal of our service is to stop defamation by positioning links on the Search Engines and by appeals to law to remove negative information. We send cease and desist letters and if necessary, file legal actions against the perpetrators and Internet service providers contributing to the unjust defamation of our members.
Their site has an online chat function with a customer service rep and we decided to ask if they could help us take a crap all over free speech, and how much that would cost...

mynameiskelly.jpg
Hello, My name is Kelly. Is there something I can help you with today?
CLIENT: Do you like the 1st amendment?
Kelly: hy
Kelly: how may i help you?
CLIENT: I have a question
CLIENT: I wonder if your company enjoys the 1st amendment?
Kelly: We are in the business of removing negative information from search engines. If you do not need our services then I have no further information
CLIENT: I do need your services
CLIENT: How much are they?
Kelly: what do you mean?
Kelly: do you have negative links ?
CLIENT: How much does it cost to remove five negative links?
Kelly: it depends...
Kelly: sometime it h\take moths to remove negative links...
Kelly: if you are intereseted
CLIENT: So it's based on time rather than number of links?
Kelly: depends on how much work we have to do on that
Kelly: can you give me your keywords please
CLIENT: Does your company work on all of the internets?
Kelly: yes
Kelly: we remove negative links from all erch engines like
Kelly: google or aol, or yahoo
CLIENT: How does that work? How are you able to get another company to get rid of something that's part of their business?
Kelly: we push the negative links back in serch engines
Kelly: so nobody will see that ones
CLIENT: So you like make new internets and push the bad internets down
Kelly: yes
CLIENT: My keywords are lolcats
CLIENT: I have a cat breeding business and people keep making pictures of cats with derogatory phrases on them
CLIENT: It's hampering my ability to attract new clients
Kelly: just a seccond please
Kelly: ok
Kelly: wich one of those you want to be pushed back ?
CLIENT: let
CLIENT: 's see
CLIENT: this one is very bad
CLIENT: http://icanhascheezburger.files.wordpress.com/2007/01/ceilingcat9xd.jpgceilingcatmasturbate.jpgCLIENT: it's from here: http://icanhascheezburger.com/2007/01/24/ceiling-cat-is-watching-you-masturbate/
CLIENT: I have also seen it recreated in other internets
Kelly: an wich one is your domain?
CLIENT: FanciersPlus
CLIENT: Where pet lovers go
CLIENT: http://www.fanciersplus.com fanciersplus.jpgCLIENT: We also need to push this negative one down the internets
CLIENT: http://www.flickr.com/photos/12943180@N00/296449700/ invisiblebike.jpg CLIENT: Not only is it blocking people from my site, it promotes dangerous cat behavior
Kelly: can i have you name and you phone please
CLIENT: I'm just looking for a price quote, I don't want to get in your telemarketing database yet
Kelly: i cant tell you a price..
Kelly: for that you ahve tu discuss with my manager
Kelly: he will call you if you will provide me your name
Kelly: and your phone number
CLIENT: Ok, I understand, but do you think I have a case? Will you be able to push these disgusting "LOLcats" off the internets so people can find my cat breeding page?
Kelly: we can help you with that

I wonder how long it will take ComplaintRemover to push this negative link down on the search engines?

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Consumerist-364563 Thu, 06 Mar 2008 09:53:38 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=364563&view=rss&microfeed=true
<![CDATA[ InfomercialScams.com Gets Sued Constantly ]]> videoprofessor.jpgOver at the Consumer Law & Policy blog there is a post about the legal troubles of Justin Leonard, the owner of InfomercialScams.com, a site that posts unedited reviews of various infomercial products.

Apparently he gets sued, like, every damn day:

First, he was sued in Florida by the infomercial company GlobalTec, which sells day-trading software. GlobalTec alleged that, by posting reviews of GlobalTec products that turned up in Google searches, Leonard was infringing the company's trademark. With the assistance of Public Citizen, Leonard filed a motion to dismiss, pointing out that, among many other problems with the lawsuit, he lived in Arizona and had no connection with the state where he had been sued. Last month, the court accepted Public Citizen's arguments and dismissed the case for lack of jurisdiction.

Next, Leonard received a subpoena from Video Professor, an infomercial company that sells video-based courses, demanding that Leonard turn over IP addresses and other personally identifying information about everyone who posted reviews of the company's products. Leonard objected, again with the help of Public Citizen, and yesterday Video Professor withdrew its subpoena, although it did not drop its lawsuit and is apparently still pursuing another subpoena to discover the identity of a Wikipedia user, who the company claims defamed it in the online encyclopedia.

So it came as no surprise to Leonard when he learned of yet another lawsuit against him, this time in Michigan, brought by the Infomercial company Lifestyle Lift, which performs a facelift procedure that it claims takes only about an hour.

The Public Citizen has been helping Justin out, but as the CL&P blog points out—not every small website has access to pro bono trademark lawyers. Shame on these shady companies for resorting to legal bullying.

The Hazards of Running a Consumer Review Website [CL&P]

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Consumerist-335896 Wed, 19 Dec 2007 15:57:12 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=335896&view=rss&microfeed=true
<![CDATA[ Donning Copyright Cloak, DirectBuy Forbids Posting Of Cease And Desist Letter Sent To Consumer Opinion Site ]]> evilcloak.jpgDirectBuy got more pushback than they expected after sending a cease-and-desist to InfomercialScams.com over the site's users calling the direct to consumer seller of furniture and home supplies a "scam" and a "nightmare." Absurdly, DirectBuy even tried to threaten legal action if their cease and desist was published, saying it was copyrighted!

DirectBuy also intimated that they hinted they might prosecute the case in Canada, which has no First Amendment or comparable version of the CDA (which protects site owners from liability for information their users post).

InfomercialScams enlisted the aid of The Public Citizen Litigation Group who sent back their own letter:

Before you spend your client's money on suing in Canada, you might consider whether Leonard has any assets there, and whether an injunction obtained in Canada would be wroth the paper it is written on... Instead of suing in Canada, why not bring suit in Tashkent? At least you'd get an exotic trip out of it, and litigation in a totalitarian state would be more consistent with the view that the Internet makes it too easy for consumer criticisms to be heard.
Ooh, that's gonna leave a mark.

The best way for companies to get complainers to shutup is to fix the problems they're complaining about.

Seeing as legal bluster will probably wither in the face of actual, and, most likely unexpected, opposition, perhaps the real victim is DirectBuy, for having their name run through the muck by the amateurish council they've retained.

DirectBuy's C&D
The Public Citizen Litigation Group's Response
Don't Post This Cease-and-Desist Letter, Or Else [Consumer Law and Policy Blog]
Direct Buy Complaints [InfomercialScams]

(Photo: ntlworld)

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Consumerist-308765 Tue, 09 Oct 2007 16:14:39 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=308765&view=rss&microfeed=true
<![CDATA[ After first saying no, Verizon decided to ... ]]> After first saying no, Verizon decided to allow a pro-choice group to send text massages, but in so doing, didn't disclaim the right the block text messages they deemed inappropriate in the future. [NYT]

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Consumerist-304387 Thu, 27 Sep 2007 11:35:47 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=304387&view=rss&microfeed=true
<![CDATA[ Lowes Resorts To Legal Bullying Instead Fixing Their Horrible $3500 Fence Job ]]> UPDATE: Allen writes to say, "The issue between Lowe's, their attorney and I was settled amicably and in a timely manner..." He couldn't say more, but his website has been taken down.

Allen ordered a fence from Lowes. It cost $3500. It sucks. If you lean on it, it becomes dislodged and loose. His dogs were able to escape just by pushing on the gate. There's a two-foot gap underneath the bottom of the fence. Allen refused to pay until Lowes fixed it.

Lowes didn't feel like fixing it, sending Allen to deal with the installer, who pingponged him back to Lowes. Lowes doesn't care they didn't do the job. They just want their money. So they sent Allen's bill to collections. Allen is enraged and starts a website, Lowes-Sucks.com. Correspondence, history, more pictures, and phone recordings are up on the site.

Now Lowe's is sending him cease and desist letters for infringing their trademark.

So let's see, Lowe's is paying enough attention to pay lawyers to shoot off some letters, but not enough to actually fix their crappy install. Real classy, guys. Real classy.

LOWE'S Home Improvement Sucks

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Consumerist-302315 Fri, 21 Sep 2007 09:59:08 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=302315&view=rss&microfeed=true
<![CDATA[ Target Targets Blogger ]]> targetarrow.gifIt seems our buddy Target Corp. doesn't like it when bloggers post store policies on the Internets. Their rational response? Duh, lawsuit.

Trouble is: They don't know who the hell they are suing. Target has asked for the help of AOL, Microsoft and Yahoo, INC in searching for "John Doe," an unknown blogger believed to live in Georgia.

"John" shared Target's loss-prevention policies (sent to him by an unknown Target employee) on several websites including Targetunion.org and uses the screenname "Target Sucks." What did "Target Sucks" have to say about Target's lawsuit?

    "I didn't sign any confidentiality agreement with them and really don't give a rat's ass if they like it or not."

The real test will come not from the results of the lawsuit, but from the response of Microsoft, AOL, and Yahoo, INC. When a big box store comes calling about a user who allegedly violated their confidentiality policy &mdash which company will refuse to violate theirs?

Then again, if Target waits around long enough, AOL might just accidentally post "John's" search queries. Anyone searching for "pecans" and "I fucking hate target" ... ?

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Consumerist-201306 Mon, 18 Sep 2006 12:34:17 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=201306&view=rss&microfeed=true