ZX12Girl
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posted November 21, 2001 07:01 AM
 Edited By: ZX12Girl on 21 Nov 2001 07:05
Guy gets sued for posting
VW driver airs beef, gets summons
Dealer sues Tech student over Internet posting
Doug Payne - Staff
Saturday, November 17, 2001
A Cobb County man who took his complaints about a car dealership to the Internet is being sued by the dealer for libel.
Jim Ellis Motors Inc. and General Manager William Farmer filed suit against George Mantis in Cobb Superior Court Nov. 2. They are also attempting to sue the company that maintains the Web site.
Mantis, 27, a Georgia Tech graduate student, took his 2001 Volkswagen GTI to Jim Ellis Motors on Cobb Parkway in July to fix some rattles, replace a damaged wheel and install a CD player. Mantis claims his problems weren't fixed.
On July 20, he posted an account of his problems on vwvortex, a Web site for Volkswagen owners. Under a heading of "worst service ever!" Mantis wrote about his troubles and ended, "I'm seeking revenge as best I can. This is one way: telling all of you to avoid this dealership, for sales or service, like the plague."
He says the posting has received more than 150 responses since July.
One respondent rang his doorbell Sunday --- a Cobb County sheriff's deputy with a summons.
A hearing is set for Monday, with Jim Ellis and Farmer seeking a restraining order against Mantis and Vortex Media Inc., removal of the Web site messages and various monetary awards.
The Internet is more and more at the center of libel suits, said Atlanta attorney Doug Isenberg, who is also publisher of the Web site GigaLaw.com.
"More people are turning to the Internet as a soap box," he said.
"Communications on the Internet are generally protected by the First Amendment right of free speech, but there are limits on that right, such as defamation," said Isenberg. "Generally, opinions do not qualify as defamation, because they're not false.
"But it's a fine line."
Came from this site!!!!
Customer gets sued by Dealer Thread!!!
That's messed-up!!!! 
  
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Ninjaman12R
Needs a job
as a Deal's Gap tour guide.
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posted November 21, 2001 07:07 AM
What a FUCKIN' Crock of SHIT......
WTF???? What ever happened to freedom of speech? He'll probably get it broke off in him when they go to court. I feel for the guy. 
____________
What we're dealin' with here is a complete lack of respect for the law.
Sheriff Buford T. Justice of TEXAS
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ZX12Girl
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posted November 21, 2001 07:10 AM
OK!!!!
defamation = To slander or libel...
Okay, so does this mean if he would have said..."I am not going back there because I am not pleased with the service"....instead of saying "Stay Away"...
Then would it have been defamation????
Just checking so we all know what not to do!!!!!
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pat830
Expert Class
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posted November 21, 2001 07:11 AM
Who ever has the most expensive lawyers usually win.
Sad to say, but that is what usually happens.
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ZX12Girl
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posted November 21, 2001 07:25 AM
But is this why he is getting sued!!!
"I'm seeking revenge as best I can. This is one way: telling all of you to avoid this dealership, for sales or service, like the plague."
I wanna understand because we do this here sometimes!!!
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fish_antlers
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The Truth is Out There
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posted November 21, 2001 07:45 AM
here's the thread:
http://forums.vwvortex.com/zerothread?id=52126
seems that the VW guys need to have a thicker skin.... sheeesh... even Mark from O&E Cycle turned out to be a pretty cool guy and I had lots of good chats with him on the phone....
.. someone complains about Muzzy and they answer... gets werked out....
what is it with these guys? sueing someone doesnt solve the customer relations problem...
??
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harryzx-12
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posted November 21, 2001 09:13 AM
How can some asswipe sue you for telling the truth?
Oh,stupid me, FUCKING LAWYERS .I wouldn't get mad , I'd get EVEN. There's more than one way to hump a camel!
____________
"Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways- Body thoroughly used up, totally worn out...Screaming "WOO HOO, What a Ride !!!"
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Ninjaman12R
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as a Deal's Gap tour guide.
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posted November 21, 2001 09:28 AM
I'd go oldschool on them BIATCHES!!!!!!!
quote:
Oh,stupid me, FUCKING LAWYERS .I wouldn't get mad , I'd get EVEN. There's more than one way to hump a camel!
Harry I'd have to get midevil on them punk MFs. They'd wish they never even ATTEMPTED to sue me.
All those pretty shinny new cars, me, and one of those bad ass water guns filled with brake fluid.  Revenge can be a wonderful thing.
____________
What we're dealin' with here is a complete lack of respect for the law.
Sheriff Buford T. Justice of TEXAS
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CrotchRocket
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Bracket Racing with Betsy
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posted November 21, 2001 09:41 AM
Rick...Your too funny man!!! 
Rick
____________
Jason Miller StreetBike Seminars
*****DragRacers do it better, because they dont cut Corners*****
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redelk
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posted November 21, 2001 09:43 AM
Maybe an e-mail or two might get the point across
Their website:
http://www.jimellis.com/make_contact.asp?make_id=1006&brand_id=7
Mr. Farmer's e-mail:
wfarmer@jimellis.com
____________
There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway
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fish_antlers
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The Truth is Out There
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posted November 21, 2001 09:44 AM
Please dont get our site involved in this!
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ddpete3
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posted November 21, 2001 10:04 AM
Well, if the dealership wins, then the suit can be used as precedence(sp?) in any other case where this happens. It could open up the floodgates for lawsuits.
I watch a lot of Law and Order.
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My name is Doug, damnit!
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ZX12R
Novice Class
Posts: 86
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posted November 21, 2001 10:08 AM
The President is so into signing new laws and policies..
If he really wants so help good people he should sign a "new bill"
called "No Stupid Suing Allowed Anymore !!!"
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fish_antlers
Administrator
The Truth is Out There
Posts: 21894
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posted November 21, 2001 10:17 AM
New Law:
"no complaining in public or we will sue you"
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redelk
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posted November 21, 2001 10:33 AM
It's over
My e-mail to Mr. Farmer:
It appears that your lawsuit will go down in history as one of the greatest public relations disasters ever. Did you bother to consult with the dealership's advertising/public relations firm before you started your little venture? Obviously not.
As a professional public relations practitioner for over a quarter of a century, all I can do is commend you for providing a textbook example of what NOT TO DO!
If you have bothered to even keep up with this "case", you'd now realize that your dealership is the topic of discussion in over ONE THOUSAND forums. None of it is favorable, I assure you. Even if you
dropped all your legal actions against Mr. Mantis and gave him a free car... the damage has already been done and there will be no way you or the dealership will be able to undo it.
Again, congratulations. You have made your dealership world famous. All I have to say is thanks for giving my a perfect example of public relations ignorance that I can use as a tool to teach future public
relations practitioners.
S. Sherman McCoy
Executive Vice President
Ad Craft of Arkansas, Inc.
Little Rock, Arkansas
This was just posted on the VW forum:
Statement from Jim Ellis Auto Dealerships (Jim Ellis) 5:06 PM 11-21-2001
quote:
This morning Jimmy Ellis, Vice President of Jim Ellis Auto Dealerships ordered that the lawsuit against Mr. Mantis be dropped. He has called for a meeting with Mr Mantis and his attorney to attempt a resolution. We hope that we can resolve this issue that has been upsetting to all parties. Any comments are welcome to webmaster@jimellis.com.
"We hope that we can resolve..."? How about, "We have made a mistake and want to earn back customer trust"? The name Jim Ellis has been burned into thousands of auto enthusiasts' mind and
nothing but outright contrition would even begin to repair this.
If they try some deal where the resolution is sealed and GMan cannot discuss, blah, blah, blah, you
know they have not owned up and taken responsibility.
From the beginning, I have always been open to the fact that GMan could have been an outright, uncooperative customer. I don't believe that to be the case. But in any case, no business should ever take legal action against a customer. There is absolutey no "win" in doing so. There were so many other ways in handling this!
They ought to really turn this thing around and face it head on. Admit to their stupidity and launch a real customer service program to uncover those within their ranks who at anytime thought this was a good idea.
I am just amazed at how some folks achieve success and then risk it over simple decisions.
____________
There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway
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harryzx-12
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posted November 21, 2001 11:07 AM
Damn, Sherm
I didn't know you were so IMPOTENT! (And to those that don't know me ,I spelled it that way on purpose)
____________
"Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways- Body thoroughly used up, totally worn out...Screaming "WOO HOO, What a Ride !!!"
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princesskiwi
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posted November 21, 2001 11:26 AM
Lawyers make up for what some people seem to lack in people skills.
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The dose differentiates a poison and a remedy....
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Ninjaman12R
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posted November 21, 2001 11:27 AM
I knew somebody would "Get" that.....
quote:
Rick...Your too funny man!!!
Rick
Rick
I knew somebody would know where I was comin' from with that. The guys in the body shop would be workin' some SERIOUS OT eh? Imagine painting an entire parking lot full of cars!!!!!! YIKES!!!
____________
What we're dealin' with here is a complete lack of respect for the law.
Sheriff Buford T. Justice of TEXAS
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ZX12Girl
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posted November 21, 2001 11:45 AM
Well...That was a smart move to retract the lawsuit....but a little late!!!! Damage has been done!!!
He sued a Customer because he let people know that he was un-happy!! That is pure BS...
I like Ninjaman's method of revenge!!!! 
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Ninjaman12R
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posted November 21, 2001 12:05 PM
hehehe.....
That's some old "Get in a MFs wallet" type shit!!!!!!
____________
What we're dealin' with here is a complete lack of respect for the law.
Sheriff Buford T. Justice of TEXAS
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redelk
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posted November 21, 2001 12:16 PM
Edited By: redelk on 21 Nov 2001 17:14
More legal stuff
The VW thread has almost 800 posts and 88.000 views. It was started on 7/5 and by 11/19 it was 5 pages long. It's now over 20 pages with replies from as far away as Europe, Korea and Austrailia. It has been reported or linked at over 150 different websites and forums. It's very possible that over ONE MILLION people, world wide, are aware of this stupid lawsuit.
Not only was the dealership and the general manager idiots, so was their lawyers. Here's why...
"Got Something Bad To Say? Go to a Chat Room"
By Jay Lyman
NewsFactor Network
May 22, 2001
A U.S. District Court dismissed a defamation suit against two people who posted negative comments about a company on a message board, and ordered the company to pay their legal fees.
A U.S. District Court has dismissed a defamation suit and issued an accompanying order that Global Telemedia International (GTMI) pay the attorneys' fees for individuals the company sued over Internet message board postings. The action may set the stage for broader protection of those who post jibes on the Web.
The court's ruling that the postings of Barry King and Ron Reader on a Raging Bull message board were protected free speech on a public issue may discourage the aggressive pursuit of Web posters critical of corporations, according to legal observers.
"The trend is that Internet speakers are becoming more aware of their rights," Megan Gray, the Los Angeles attorney who defended Reader, told NewsFactor Network.
Lawsuit SLAPPed
The defamation suit filed by GTMI, a Newport Beach, California-based telecommunications company, argued that statements made by Reader and Stevens, who posted under different names on Raging Bull's GTMI message board, were defamatory.
The court, however, dismissed the suit earlier this year, applying legislation known as Strategic Litigation Against Public Participation (SLAPP), and ruled last week that GTMI must also pay the defendants' legal fees, which total more than $55,000.
Attorney Gray told NewsFactor that the case marks the first time a company has had to pay legal fees such a case, and may help discourage companies in their aggressive fight against critical Web postings.
"The large attorney-fee award may stem the hundreds of 'cyber gag' lawsuits being filed around the country to stifle Internet speech expressing negative opinions about matters of public interest, like poor corporate performance," said a statement from Gray's firm, Baker & Hostetler LLP.
Subpoena Squashers
While free speech and legal groups have warned of the growing number of suits that seek to disclose the identity of Web posters and pursue defamation claims, they say the tide may be turning.
"[This case] is going to discourage [frivolous lawsuits] because many of these cyber SLAPP or cyber gag suits are violations of free speech," Gray said. "The law does not permit a company to file a frivolous lawsuit solely to obtain subpoena power. The companies that pursue these look bad."
Attorneys and groups such as the American Civil Liberties Union and the Electronic Frontier Foundation are also increasingly defending Web posters and their identities, Gray said, adding that many message boards also now contain more information on rights of expression.
Concurring Courts
Gray, who said her client's Web postings critical of GTMI were also defensible as the truth, said many of the corporations that pursue defamation suits involving Web postings are finding the courts unfriendly.
"The courts, once presented with the facts and the evidence and the laws, recognize these lawsuits for what they are, which is an intimidation tactic," she told NewsFactor.
In the GTMI case, the courts ruled that the postings were opinion, not statements of fact, and that as such, the validity of the statements could not be proven one way or the other.
"The reasonable reader, looking at the hundreds and thousands of postings about the company from a wide variety of posters, would not expect that the defendant was airing anything other than his personal views of the company and its prospects," wrote Judge David Carter in his ruling. "
Here's the link -
http://www.newsfactor.com/perl/story/9912.html
____________
There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway
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ZX12Girl
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posted November 21, 2001 12:38 PM
Now that I think about it!!!! What is the difference if that guy just verbally told everyone...same thing!!!
Thanks God we still have our freedom of speech!!!
Thanks for the post RedElk!!!!
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sailusvi
Expert Class
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posted November 21, 2001 04:13 PM
Redelk.....errr....Sherman, you are "the" man! Thats some good write'en. I'm going right to you the next time I enguage mouth before brain
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ZX12R
Novice Class
Posts: 86
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posted November 21, 2001 05:32 PM
fucked up...
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snowcombine
Parking Attendant
Posts: 9
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posted November 26, 2001 12:57 PM
156419 hits?
That must be a new record for number of hits on a message board??? Holy schnikes I say!!!!
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