Car dealer SUES customer over internet forum post!

jo8243

Member
Aug 11, 2001
51
0
http://forums.vwvortex.com/zerothread?id=52126&page=16

This is the link to the message that started it all. A chevy dealership in Atlanta is suing a customer who received bad service and then posted his experiences on a volkswagen forum.

Total B.S. Check it out.

Here is a copy of the Atlanta Journal article:

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."
 

Gary B.

~SPONSOR~
Apr 17, 2000
684
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I've got mixed emotions on this. While it is great to vent your spleen all over the net about someone who did you wrong, who's to say this guy's story is the truth? There is always two sides to every story. Far be it from me to defend a car dealer ( I'm in the business, seen what kind of crap they can pull!), but how is any business, or individual, supposed to defend themselves against someone who goes on a tirade of this sort. Next time, someone may be flaming YOU!!:eek:
 

longtime

Member
Oct 7, 1999
843
0
FYI -- an absolute safe harbor to all forms of demation is truthfulness. (Also -- opinion is safe as long as you do not give the recipient of the message the idea that you are basing your opinion on facts that the recipient is unaware of.)
 

Jaybird

Apprentice Goon
LIFETIME SPONSOR
Mar 16, 2001
6,449
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Charlestown, IN
lol...so If we state that VW sucks, we'd be ok because everyone already knows that, yes?
 

OnAnySunday

Big Pig
LIFETIME SPONSOR
Nov 20, 2000
997
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lost in the deserts of NM
 

Gary B.

~SPONSOR~
Apr 17, 2000
684
0
onanysunday - You are right. :) These problems can be avoided by just doing the very best job you can. However, it is my experience that often there is a mis-communication (or some people are just plain unreasonable), and they will have their opinions no matter what. Some folks, no matter what, are NEVER happy. We have customers now that expect work to be done on their cars for free. I'm sorry, but I also have to make a living, along with my boss. This almost always boils down to a "he said, she said" type of thing, and sometimes the customer would rather rant than calmly discuss a problem.
 

Strick

LIFETIME SPONSOR
Nov 8, 1999
1,782
2
I have been waiting for this to happen. It does not surprise me at all.

LT, I know you know the law, but I have been in court enough times myself to know libel, slander, and defamation, are not well defined in the eyes of a judge. I would not want to be the guy being sued!!

Actually, depending on the outcome it may be a good thing (I know I will get flamed for this).

I have been in sales since graduating from college. One statistic that is beaten into our heads is: If you make one customer happy they will tell 3 people. If you make one customer mad they will tell 11. When you suddenly introduce a platform like the internet, those numbers multiply exponentially. Example: Mike Kruger at Cycle Zone. There has been so much hype on this site about his exemplary service, that I told one of my good friends to buy several hundred $$ worth of parts (KTM) from him. I had never purchased from him before. I was going off the opinions of others. Yeah, kinda like a sheep, huh? He was great! I will be buying parts from him in the future, all because of other peoples opinions on DRN. On the flip side, I will never buy from Chapparall. Why? Other peoples opinions with their poor service, here on DRN.

Oh well, there's another .02.:think
 
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