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Guy buys router on Amazon, router is crap, posts negative review, gets sued.
Amazon ^ | 5/7/2014 | Amazon

Posted on 05/06/2014 11:38:22 PM PDT by Dallas59

This isn't me...some guy bought a router that was crap on Amazon and posted a negative review on Amazon about the router. A few days later he receives a letter from a company representing the manufacturer threatening to sue him and others for damages related to any negative reviews.

Photos of the threatening letter


TOPICS: Business/Economy; Computers/Internet
KEYWORDS: amazon; review; sued
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1 posted on 05/06/2014 11:38:23 PM PDT by Dallas59
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To: Dallas59

Apparently he bought it a few months back and posted the review afterwards and is now just getting the letter.


2 posted on 05/06/2014 11:41:12 PM PDT by Dallas59 ("Remember me as you pass by, As you are now, so once was I, As I am now, so you will be")
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To: Dallas59

Now that he got the letter, the company MIGHT work with him once he takes down the letter. A win-win for all.


3 posted on 05/06/2014 11:49:40 PM PDT by napscoordinator ( Santorum-Bachmann 2016 for the future of the country!)
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To: Dallas59

I don’t know what was actually said in the review, but I can’t see how the company could prevail in a lawsuit over a bad review of a product. Did he really say anything that libeled or slandered the seller?


4 posted on 05/06/2014 11:50:17 PM PDT by fatnotlazy
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To: Dallas59

Oh what fun. Of course I gave him a “helpful” vote.

I’ve been reviewing at Amazon since 1999. But of course I do not use my real name. Only at FR does anyone know I’m really Veto!


5 posted on 05/06/2014 11:52:10 PM PDT by Veto! (OpInions freely dispensed as advice)
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To: Dallas59

Did they have a paralegal or some guy fresh from a law school over a bowling alley write that? How melodramatic.


6 posted on 05/06/2014 11:52:24 PM PDT by 2ndDivisionVet (I will raise $2M for Cruz and/or Palin's next run, what will you do?)
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To: fatnotlazy
His review
7 posted on 05/06/2014 11:54:13 PM PDT by Dallas59 ("Remember me as you pass by, As you are now, so once was I, As I am now, so you will be")
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To: fatnotlazy

Scroll down to the reviews.


8 posted on 05/06/2014 11:55:07 PM PDT by Dallas59 ("Remember me as you pass by, As you are now, so once was I, As I am now, so you will be")
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To: Dallas59

It sounds scumbaggish, but it should serve as a lesson: Be careful what you post on the internet.


9 posted on 05/06/2014 11:56:28 PM PDT by binge_drinking
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To: Dallas59

Happened to me once, I (politely) told them to put a sock in it. That was the end of that. It’s an empty threat.


10 posted on 05/06/2014 11:57:16 PM PDT by John Robinson
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To: Dallas59

I recently bought a new router on Amazon. There were so many negative reviews on each product it felt like a pick-your-poison sort of purchase.

Fortunately, the one I got is working fine.


11 posted on 05/07/2014 12:00:34 AM PDT by 9YearLurker
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To: napscoordinator
Now that he got the letter, the company MIGHT work with him once he takes down the letter. A win-win for all.

That's not a win for the consumers that get a crap router because they did not have the benefit of the review.

If the guy was up to it he could have some fun driving up the company's legal costs.

12 posted on 05/07/2014 12:04:23 AM PDT by gunsequalfreedom (Conservative is not a label of convenience. It is a guide to your actions.)
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To: fatnotlazy

I read the letter from the attorney to him, and the review was quoted. It looks like he made expressed some ideas as statements of fact, rather than opinions. For example, he said the router was the exact same one as another router, just relabeled. Unless he can prove that, it could be a problem for him.

You can say anything you want in a review as long as you present it as your opinion and not as a statement of fact. He could have said that it appeared to HIM that the router was the same as the other one, for example. By saying it that way, he is expressing his opinion, but not saying it is a factual certainty.


13 posted on 05/07/2014 12:05:41 AM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: CA Conservative
I read the letter from the attorney to him, and the review was quoted. It looks like he made expressed some ideas as statements of fact, rather than opinions. For example, he said the router was the exact same one as another router, just relabeled. Unless he can prove that, it could be a problem for him. You can say anything you want in a review as long as you present it as your opinion and not as a statement of fact. He could have said that it appeared to HIM that the router was the same as the other one, for example. By saying it that way, he is expressing his opinion, but not saying it is a factual certainty.

Legal parsing.

14 posted on 05/07/2014 12:13:06 AM PDT by gunsequalfreedom (Conservative is not a label of convenience. It is a guide to your actions.)
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To: CA Conservative

Along about twelve years ago....an Air Force unit in Germany needed a new Cisco router. After a brief review....over the internet (instead of the traditional sales quote game that almost everyone did), they found this small company-minority owned-women owned company selling their dream router for a price that was around twenty-percent under the normal pricing. So they bought it.

It arrives...six months later....issues. They call up Cisco, give them the serial, and there’s a pause. This serial equals a router sold to someone in the states and is currently operational. A long discussion goes underway, and finally....they agree to have a Cisco rep in Germany look at it. The guy identifies around five major issues with pieces and parts, and that the serial is bogus. It’s a remanufactured Cisco router, fixed, remarketed, and resold by a garage business. Almost every part in the remake was from China...so it was believed to be some group or gang episode.

After this episode....everyone got focused on ‘must-buy-via-Cisco-vendor-only’, which really drove pricing beyond the norm. Cisco also got real aggressive about going after bad-mouthing problems because of this fake marketing gimmick.


15 posted on 05/07/2014 12:40:35 AM PDT by pepsionice
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To: Dallas59

Wow - there are 521 1-star reviews.


16 posted on 05/07/2014 12:45:15 AM PDT by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: gunsequalfreedom

Legal parsing.

That’s all our legal system is anymore.


17 posted on 05/07/2014 12:48:57 AM PDT by Washi (Stop Obama's War On Jobs)
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To: CA Conservative; Dallas59

Thanks guys. Serves me right for not reading it all. I agree with CA Conservative. You do have to be careful what you say in a review is your opinion, not fact. You also can’t bad mouth a company or individual. Even implying the seller is a lying cheating scumbag can get you in trouble.

I’ve purchased a few items from Amazon and so far have had good experiences. However, buying from Amazon is always a risk. I try to go with sellers who have received good marks from other customers. I also don’t buy anything marked as “used.” I did have to return a phone charger recently, but the seller and Amazon were very good about issuing a credit in a timely manner. It always helps to deal with others in a courteous and cooperative manner. Bad mouthing gets you nowhere and just invites trouble.


18 posted on 05/07/2014 1:06:31 AM PDT by fatnotlazy
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To: Dallas59

By suing a customer over a bad review, this company has only solidified a bad reputation for its products and it’s customer service. Apparently, the company has the time and money to threaten consumers, but none to
offer a refund. This sort of story will only dig a deeper trench for the company when it is amped up on the internets.


19 posted on 05/07/2014 1:55:20 AM PDT by Flick Lives ("I can't believe it's not Fascism!")
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To: Dallas59

If you actually bother to read the letter, you will see that the review is a textbook definition of libel—assuming the lawyer isn’t lying (which is never something to overlook when dealing with lawyers).

The reviewer made multiple statements of fact that are most likely false. He posted them online where the entire online world could see them. It is also likely that he did this with the intention of harming the company that produced the router.

If I were the reviewer, I would be seeking legal counsel immediately, and taking the review down. This letter is most likely just a bit of saber rattling, because suing people that likely can’t afford the court fees, much less actual damages, isn’t a financially sound nor business savvy decision. But you never know.


20 posted on 05/07/2014 2:11:33 AM PDT by Comstock1 (You can't have Falstaff and have him thin.)
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To: fatnotlazy

I read them. He made some pretty concise claims that could be easily refuted if they aren’t true. I’d say he’d be better off just taking it all down.


21 posted on 05/07/2014 2:51:05 AM PDT by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: napscoordinator

Why should he take the letter down? How is that a “win”?

Millions of consumers will lose.


22 posted on 05/07/2014 3:11:59 AM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: F15Eagle

Look at WHEN the 1 star reviews were posted. Most are likely in sympathy for the guy being sued.


23 posted on 05/07/2014 3:15:00 AM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: binge_drinking
It sounds scumbaggish, but it should serve as a lesson: Be careful what you post on the internet.

No. Self censorship based on fear is not a "lesson". Don't blame the victim here.

24 posted on 05/07/2014 3:32:20 AM PDT by southern rock
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To: CA Conservative
I read the letter from the attorney to him, and the review was quoted. It looks like he made expressed some ideas as statements of fact, rather than opinions. For example, he said the router was the exact same one as another router, just relabeled. Unless he can prove that, it could be a problem for him.

Too bad. Its the REVIEW section. He can say anything he wants about the damn product. If the company doesn't like it, don't sell on Amazon or anywhere else.

25 posted on 05/07/2014 3:36:02 AM PDT by southern rock
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To: Dallas59
He should have bought his router at Home Depot or Lowe's. They both have pretty decent return policies...


26 posted on 05/07/2014 3:39:35 AM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
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To: F15Eagle

Overall the product received 4 out of 5 stars. And the seller’s record is outstanding.


27 posted on 05/07/2014 3:59:34 AM PDT by fatnotlazy
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To: Dallas59

I’d tell them to go for it and we’ll see them in Discovery.


28 posted on 05/07/2014 4:27:26 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: fatnotlazy

Apparently, there are shady firms out there which can be retained to “repair” or mitigate reputation damage done by negative online reviews posted by unhappy customers. I hear them advertising on Washington, DC talk radio WMAL all the time. My guess is that this letter, which is likely an empty threat, originated at such an outfit.


29 posted on 05/07/2014 4:29:36 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: Red in Blue PA

FREEP a review! Could be a new trend on FR!


30 posted on 05/07/2014 5:10:35 AM PDT by ObozoMustGo2012
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To: Dallas59

I was personally threatened with a lawsuit by the lawyer of a service provider I hired, and reviewed negatively on Yelp. I was very careful about my factual allegations and opinions.

I didn’t feel like a fight, so essentially removed the review.


31 posted on 05/07/2014 5:15:52 AM PDT by Freeping Since 2001
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To: fatnotlazy
Did he really say anything that libeled or slandered the seller?

I'm not a lawyer, so what follows is only my opinion.

When you make statements that the router you purchased is really another re-branded router and statements that directly imply the company itself is engaging in a false information campaign by posting positive reviews of their own product --- yes, he committed libel.

If he had simply kept his review to his dissatisfaction of the performance of the product and any experience with that company's customer service he'd be covered by freedom of speech.

BTW, this isn't the first time a company has gone after someone for posting a negative review of a product (that review being filled with libelous statements anyway..)

32 posted on 05/07/2014 5:22:07 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: Dallas59

If this guy a got a letter for his review, some of these reviewers will be headed to the gallows..

http://www.amazon.com/Haribo-Gummi-Bears-Sugar-Free/dp/B000EVQWKC/ref=sr_1_3?s=grocery&ie=UTF8&qid=1399465377&sr=1-3&keywords=sugar+free+gummy+bears


33 posted on 05/07/2014 5:23:32 AM PDT by IamConservative
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To: southern rock
He can say anything he wants about the damn product.

Only if he sticks to the facts about the product itself. NOT when he implies the company "re-branded" another router or that the company itself engaged in posting positive reviews of their own product to pump up sales.

That's libel.

Saying the router performed like crap, didn't have enough coverage or lacked in some technical feature it was purported to have -- that's not libel. That's opinion covered by the first amendment.

34 posted on 05/07/2014 5:25:04 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: Dallas59
"...'ats not a router."

"Now, THAT'S a router!"


35 posted on 05/07/2014 5:40:41 AM PDT by moovova
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To: usconservative

IMHO a public review should be confined to the performance of the product. If he had issues with the seller, he should have written to the seller or Amazon privately, not in a public forum.


36 posted on 05/07/2014 5:47:53 AM PDT by fatnotlazy
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To: Comstock1

Counselor, I don’t think this consumer needs an attorney at all. Just the fact that he has been harassed by the manufacturer’s legal counsel and that we are seeing the first signs of his push back via the internet should be a warning to the company to tread lightly.

This thing could go really really wrong for the company with this story becoming a cause celebre (going viral in today’s parlance). The negative publicity would be disastrous.


37 posted on 05/07/2014 5:56:26 AM PDT by CARTOUCHE (I'm an Obamacare truant.)
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To: Dallas59

Those reviews are hysterical. So funny!

Re reviews - there are currently some lawsuits going on about yelp reviews. Apparently yelp sends reps around to small businesses trying to sell them ads. If they don’t buy they publish negative reviews.

I wrote a review for my dentist but then couldn’t find it in the list of reviews. Yelp has ‘recommended’ reviews which come up on the screen and are very visible. It also has ‘not recommended’ reviews which it buries.

I spoke with the manager of the dental practice. He said they refused to pay for the yelp ‘subscriptions’ and all of a sudden a bunch of very negative reviews showed up on their site.


38 posted on 05/07/2014 5:59:32 AM PDT by ladyjane
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To: Dallas59

What do you want for a $50? A rubber biscut?


39 posted on 05/07/2014 6:01:10 AM PDT by ImJustAnotherOkie (zerogottago)
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To: Dallas59

Reviews online are becoming as good as polls.


40 posted on 05/07/2014 6:03:17 AM PDT by bmwcyle (People who do not study history are destine to believe really ignorant statements.)
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To: ImJustAnotherOkie
What do you want for a $50? A rubber biscut?

If it don't bounce back....

You go hungry! Bow. Bow. Bow.

41 posted on 05/07/2014 7:00:59 AM PDT by IYAS9YAS (Has anyone seen my tagline? It was here yesterday. I seem to have misplaced it.)
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To: fatnotlazy

Read the review in the letter at the link. The guy stepped over the line.

The company’s demand letter was a fitting response to a defamatory statement (or 2), without regard to their product being ‘rebranded’.


42 posted on 05/07/2014 7:25:38 AM PDT by logi_cal869
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To: CARTOUCHE

Maybe, but I doubt it. Like I said, this is probably just saber rattling on the company’s part, but if you look at his comments, I seriously doubt many will come to his defense.

The guy got pissed and spouted off like a d-bag. He most likely committed libel, and not just technically in a way that only a lawyer would understand.


43 posted on 05/07/2014 8:43:10 AM PDT by Comstock1 (You can't have Falstaff and have him thin.)
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To: Dallas59

I recently purchased a chicken coop thru ebay. Quite the POS. Instructions were basically useless. Finally got it so it would hold some bantams. It’s almost ingenious how I hold it together. I wrote a rather scathing review. Maybe their attorney can stop in and secure the roof for me.


44 posted on 05/07/2014 10:27:19 AM PDT by Rannug ("all enemies, foreign and domestic")
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To: Red in Blue PA

Good. Either way.


45 posted on 05/07/2014 10:56:30 AM PDT by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: Timber Rattler
I’d tell them to go for it and we’ll see them in Discovery.

I was sued for libel once even though I told the truth. And two times the plaintiff and his attorney failed to appear for a legally scheduled video deposition. After the second time his attorney tried saying the plaintiff was afraid I would physically harm him so they wanted me out of the room. That was BS, of course, as the defendant I had every right to be there. They eventually realized their only course of action was to comply with the order to appear for the deposition and chose instead to drop the case. Unlike the man in the case with the router, my attorney and I had amassed significant evidence and witnesses to prove my comments were true beyond any doubt. This guy, however, not so.

46 posted on 05/07/2014 3:14:43 PM PDT by South40 (Liberalism is a Disease)
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To: Veto!

Hey everyone, it’s Veto Corlemany


47 posted on 05/07/2014 3:19:30 PM PDT by Delta Dawn (Fluent in two languages: English and cursive.)
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To: Delta Dawn

Good one! I never once thought of Vito Corleone, but why should I, I’m a grrrrrl.


48 posted on 05/07/2014 3:55:07 PM PDT by Veto! (OpInions freely dispensed as advice)
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To: Veto!

Oooohhhhhh, those last three r’s kinda did something to me.

I gotta go shower...


49 posted on 05/07/2014 4:18:11 PM PDT by Delta Dawn (Fluent in two languages: English and cursive.)
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To: Delta Dawn

LOL

Truly happy you are going to shower. I was too polite to say anything but..
http://www.freerepublic.com/focus/f-chat/3153412/posts


50 posted on 05/07/2014 4:22:35 PM PDT by Veto! (OpInions freely dispensed as advice)
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