Use caution with your opinion!

“Online Speech not Free
Lawsuit stifles Internet critics
By Gordon Hickey
Times Dispatch Staff Writer
***excerps***

About 10 years ago, Dan Resler saw a magazine picture of an aquarium filled with beautiful plants. It piqued his creative spirit, so he got on the internet and went looking for information on aquatic plants. What he found was "a cozy little community" of like-minded aquatic plant enthusiasts who were more than willing to chat with him and help him set up his own aquarium. Through the years Resler has met 10 or 15 of the aquarists he corresponds with, but mostly the gang gets together on the Internet, where they belong to a discussion group called the Aquatic Plants Digest. All they do, essentially, is post about aquatic tropical plants. "There's fish too", Resler said while sitting in his office at the Virginia Commonweath University Engineering School, "but the main thing is the plants...These are aquatic plant geeks." The fish are there, basically, to fertilize the plants. "Our pallet is the tank. We try to create a beautiful landscape using the tank" planted with different colors and shapes and textures, Resler said. A little more than a year ago, on April 10, 2001, Resler wanted to buy some new plants for his tank. So he did what he often does: He went shopping on the Internet. There he found a company called Pets Warehouse. Resler ordered four types of plants. Shipping them was to cost $7.50. When they didn't arrive on schedule, he said he contacted petswarehouse.com, the company's web site. When he still didn't get the plants, he wrote and called again. Finally, several weeks later, the plants arrived. The shipping bill was $18.50. Resler was angry. He felt he had been misled, maybe even cheated. So once again he went to the Internet and wrote to his friends on the Aquatic Plants Digest list. According to court records, this is part of what he said: "Thinking of buying plants from Pets Warehouse? Don't...What is crappy is their service! And they're maybe even a bit dishonest...There was never a 'sorry for the delay' or any sign whatsoever that I was the valued customer and they were the business providing a product that I was paying for...The whole organization has the feel of someone who started yesterday out of your neighbors garage. It even sounds that way when you talk to them on the phone." That was May 15th, 2001. Over the following two weeks, others weighed in with their stories. "You said it. The customer service is terrible", wrote one. "They were downright offensive and nasty when it comes to service. Save your aggrevation and go somewhere else", wrote another. "I was thrilled that I found the plants I was looking for at such a low price. Yesterday I received my order and I've gotten over the thrilled bit. I am furious now", yet another wrote. And so it went. On May 22, Resler wrote to the list to say that Pets Warehouse had contacted VCU, to let the university know he was using a university computer to write to the list. Then Resler and the others discovered that the Internet isn't the no-holds-barred, neo-hippie, anything-goes forum that some folks seem to think it is. On May 31, Robert Novak, the owner of Pets Warehouse, sued Resler, several others who had complained and the company managing the list for $10 million in compensatory damages and $5 million in punitive damages. Novak filed the suit alleging libel, trademark infringement, conspiracy and computer fraud in the US District Court for the Eastern District of New York. Resler, a professor in the Dept of Mathematical Sciences at VCU, was forced to defend himself in federal court in New York City. He was dumbfounded.

Resler hired a Richmond lawyer, but eventually discovered that if he wanted to defend himself in New York, he needed a lawyer in New York. As the expenses continued to mount, Resler decided to bag it. He was looking at estimates ranging from $50,000 to $100,000 to defend himself, and that was assuming he would win. He settled for $4,150. "I just got out, quite frankly because I couldn't justify spending any more money on it," he said. The terms of the settlement don't require an apology or even an admission of wrongdoing. Just money. Novak said he intends to pursue the suit against the remaining defendants. If you're going to open your mouth, you better mind your Ps and Qs.”

“This needs to be posted on every 'board on the internet.

Screw Pets Warehouse.

I *almost* ordered something from them!”

“Wow!


$$$$$$$$$




I'm suddenly speechless.”

“I would never buy anything from that company. I just read the whole story over at Salon.com.

Suing a customer because he had a bad customer service experience with your business seems self-destructive. Let's hope.”

“And where exactly was the ACLU on this one?”

“Defending a boy who wanted to eat live cockroaches as a part of a school talent show.”

“Just a guess.”

“Hey if anyone wants to eat cockroaches, CARPE DIEM!”

“I've always been told that my opinion was worthless.”

“Who asked you?”

“it could be worth $4,150. to pets warehouse.”

“Ooo! don't say the name he could be searching for new victims as we speak!!! We must avoid calling the devil by name, so we'll call him fuckbudget.

Careful, children, be good and eat all your dogfood or fuckbudget will get you!”

“. . . I'm not a lawyer but have worked around some a few years back, once you write not nice stuff about others, it could be libel.”

“I thought the truth was the penultimate defense against a charge of libel... or slander. But when it costs over 4 grand to defend yourself, even when you are 'in the right'... does THAT ever suck!

I think Pets Warehouse has conpounded their PR problem. They should burn... slowly!”

“Yup”

“Tilt - you said it. REALLY bad P.R. for them. After reading that, I'll never buy from them.”

“Uh Oh! I think Backpacker Mag is knocking on my door.”

“It is too bad that a company feels that they have to do something like this. I don't know if what they did can help there P.R. I would have contacted a local new outlet. It seems to me that companies that do well have good/great customer service. This situation just confirms the sad state that we live in. Can you imagine if someplace like REI sues someone on this board, or Matt for that matter??”

“BTW, Pants -

If you read this, I have not forgotten about you. I have not had the extra time to send you out the bag. I will do so as soon as I can!!!”

“There's not a chance I'll ever even visit their website now. What a crock!”

“Roger that, laqtis. Over and out.”

“oops! That was 50 to 100 grand to defend... 4 grand just to "escape".

Good G-d.”

“I'm sure pets warehouse has a web site. Go find their address and send them an e-mail to explain to them their strategy has actually backfired. Instead of protecting their name, they have actually put it out there on the street as a company to be avoided. I would never do buisness with anyone that would come after me if I was unhappy. Maybe it is a New York thing.”

“I have been to court twice in the past 2 years and even though I won both times, it felt like I lost.

The system is terrible!”

“Petswherehouse.com has a forum on their site. Who wants to have a little fun?”

“Pck me! Pick me!!!”

“Better not post anything there from work.”

“After Pets Warehouse, we need to get the FBI and the CIA to desist from prying into innocent peoples' lives.”

“I looked at their site and wanted to post this question:

"I want to order from you, but in case your service is substandard, will I be sued if I complain?"

"Should I notify my lawyer when I order, or will your lawyer contact mine automatically as part of your normal buisness service?"”

“Spread the word people....sink them...notice I didn't use any company name...nah nah.”

“oh man, i hope pets warehouse doesn't come looking for one such running girl. i should mention that the article also gave the companies point of view that the people on the forum were LYING, not just complaining. that was the main beef. i don't have an extra $4,150 to concede.”

“With an owner pulling crap like that, I wont buy anything from Pets Warehouse.”

“I own an aquarium so I decided to get their side of the story, so by writing:

"I was wondering: Is it generally your policy to sue people who complain on line of substandard service from your company?

I own an aquarium which I would like to stock, but I became concerned after reading this:"

and then pasting in a copy of running girls post.”

“Something tells me that running girl will be gunning for you pedxing.”

“lol phaed & ped

LETS ROCK THEIR WORLD!”

“Let this be a lesson to future small-business owners... Provide poor service till someone slanders you, then sue 'em for their wallets and all.

Maybe that was the plan all along.”

“This is interesting Here is Dan Resler's original post.

Here is a reply from the company.

You can read the whole saga on the Aquatic-Plants Mailing List. Just look for Pet(s) Warehouse posts.”

“avoid Pet Warehouse plants Dan Resler

Re: avoid Pet Warehouse plants Dan Resler

to clarify: Pet Warehouse OK, Pets Wareh Dan Resler

Re: *Pets* Warehouse Christopher Newell

RE: Avoid Pets warehouse Vincent Chan

Another Pets Warehouse UNsatisfied custo Sean Carney

Re: Pets Wharehouse Scott

RE: Pets Warehouse Vincent Chan

Re: Pets Warehouse Beverly Shutes

Re:Petswarehouse Thomas Barr

Re: Aquatic Plants Digest V4 #1029 Dave Gomberg

Re: Pets Warehouse Scott

No Subject
Chin See Ming

Online Plant Sellers Jared Weinberger

Re: Pets Warehouse's message to me Beverly Shutes

Re: More mail from PW Beverly Shutes

Re: Pets Warehouse (long reply) Scott

RE: Mr. Ed, Pets warehouse Vincent Chan

Re: Pets Warehouse (long reply) Dan Resler

Re: Pets Warehouse (long reply) Robert H

re: Online Plant Sellers Jared Weinberger

A couple of points Cynthia Powers

PetSwarehouse threatens legal action Jared Weinberger

re: PetSwarehouse threatens legal action Jared Weinberger

Re: PetSwarehouse threatens legal action Roger S. Miller

Re: PetSwarehouse threatens legal action Jared Weinberger

re:PetSwarehouse threatens legal action Matt

Re: Aquatic Plants Digest V4 #1037 Matt

re: PetSwarehouse threatens legal action Matt

RE: PetSwarehouse threatens legal action John W. Lemons III

Re: petSWEARhouse threatens legal action Gary Lange

RE: petSWEARhouse threatens legal action Vincent Chan

the Pets Warehouse lawyers have been bus Dan Resler

Re: the Pets Warehouse lawyers have been Chin See Ming

Petswarehouse Edward Venn

re: petSWEARhouse legal action Coleman, Sean

Petswarehouse Richard Backus
”

“Full salon.com article.”

“Well I sent the email, as I described it and got a prompt reply which I have cut and pasted and enclosed quotes around (without any editing):

"No we do not we the victim of Dan's computer crime that he covers up with his lies."

Just to be clear, I didn't mention running girl or TBP, I just cut and pasted the text.”

“I think it's rather obvious that you got their address mixed up with Ice Tea's. You'd better try again.”