DirectBuy 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.