Angry Towing Company Sues Student for $750k Over Facebook Page

From a legal perspective, T&J's case is already pretty strange, says Cooley Law professor Curt Benson. In most defamation cases, the offended party typically has its lawyers write a letter to the accused defamer, asking him or her to take back the commentary in question. The towing company, in this case, not only bypassed that formality, but even went so far as to name an exact monetary amount of damages owed, something that Benson says is highly unusual. Citing these irregularities, as well as the difficulty in proving that Kurtz actually lied, Benson speculates that the towing company is simply aiming to send "a message to the community, 'don't say anything negative against me because I'll file a lawsuit against you.' "
Suing a student for an absurd amount of money is definitely a good way to get your company's name in the paper. All Kurtz did was try to start a conversation. If T&J was really intent on changing its image, it would've joined the group itself, and used the medium to directly engage with their disgruntled customers. Crying foul and asking a college kid to pay, on the other hand, will only fan the flames of public discontent. [From: WoodTV8; via: TheConsumerist]





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Comments
51
Subscribe to commentsLaura JuneApr 14th 2010 1:08PM
I really feel like this guy is just making a big deal out of nothing. I mean, pay up and then leave like a bunch of rude comments on the towing company's wall. Get over it.
barhoneyApr 14th 2010 4:34PM
are you retarded? or have i been trolled?
IanApr 14th 2010 4:37PM
are you serious? you want a college student to pay $750,000 for creating a place to complain?
anyway this is just b.s the company has no right to sue him. All he did was create a place for people to post complaints. its not his fault the company has shitty customer service. if they were a decent company they would do exactly as this article states find a way to correct the problems. well what ever hopefully the owner will get it and realize he/she's and idiot
joyceApr 14th 2010 9:47PM
Laura, you obviously have not been in a college town. The students are treated like second class citizens by the local businesses. DUH, business owers. The students are your means of paying your grocery bill. They deserve more respect than you give them. Towing companies are only one of a lot of business who treat the students badly. They do tow legally parked cars/trucks, and on game days, as many cars as they can tow during the game, get towed.
Just so you know the facts. The student should not have to "just pay and go."
MGDavis73Apr 14th 2010 10:13PM
You better be careful Ian and Barhoney... Acording to Laura June's school of thought she could file a lawsuit against you guys for commenting about her comment... I'm flabbergasted by the fact that you think this kid did something wrong. He started something on his facebook page. It's a social networking site. He started a group on the website, so anyone who didn't agree with his oppinion didn't have to join the group. Anyone ho thought that this company was ok (which doesn't sound like very many people) probably wouldn't have joined this group in the first place. Plus, It's FACEBOOK for cryin out loud! This is a site for that is primarily for highschool and college students, and has just recently started to branch out to other age groups. So we shouldn't let kids express their oppinions? There are other facebook pages and youtube stuff and other websites in general that are racist, anti-semitic, sexist, and things that promote drug use, and glorify gang violence. You think that this kid starting a group that dislikes this company crosses the line? That's just stupid. One of the things that makes America great is that we have the right to stand up and speak out against what is unfair. And you might wanna take a look at this thing we have called the Constitution. We have the right to freedom of speech on a public forum as long as it isn't threatening or libel or slanderous. You want this kid to pay, but all he did was excercise the same constitutional right that gave you the oppurtunity to post on this discussion board. From what it sounds like, this company isn't exactly very ethical, and this kid is being proactive and doing something about it. I say more power to him.
The BurnsApr 14th 2010 11:27PM
Have you ever had your car towed by one of these crazy companies?
There's a similar company in Dallas that has the same reputation. It was so bad at one point, that all the local news stations starting doing stories on these guys - and how they often circumvented local laws to make money.
They towed me once - and right in front of my car, on the side of the building it said - parking for 2826 (the name of a nightclub)... which is where I was.
I got towed anyway and had to pay these clowns 400 dollars.. and that was back in the mid 90's. If I had a brain back then, I would have taken a picture and filed in small claims against them. But I didn't know my rights at the time. I do now.
I've met only a handful of honest tow companies. When they're good - they're usually very honest. And when they're bad... they're almost like Russia during the days of Stalin.
The BurnsApr 14th 2010 11:28PM
oh - and this tow company has ZERO of a case.
It's called freedom of speech - and, in some cases, freedom of the press... and they could also argue freedom of assembly.
This idiot tow company owner.. and yes, I said idiot, is trying to force this kid to close the FB page by doing what he does best... being a bully.
King DavidApr 15th 2010 1:33AM
The Cooley Law Prof should also mention that he can COUNTER SUE FOR THE SAME CHARGES/REASONS and should have a BETTER basis for the suit due to the fact that he did not do anything that would have merit for their suit but they have tried to "officially oppress" his rights of free speech and have possibly damaged his good name - since he's a college student he still has his life ahead of him so damages could be GREAT!!!
jorgebrito2Apr 14th 2010 8:17PM
The customer is always right and if he felt like leaving these comments he has all the right in the world to do so. He should sue the company back for suing him. I do hope he gets all his money back. This is freedom of speech, therefore is he was upset and wanted to write something about it on facebook I applaud him. GOOD JOB KID!
LitaApr 14th 2010 8:53PM
Oh, please. The customer is not always right. You need to pull your head out of your colon and remove that from your list of cliches. (Is the customer who buys an expensive dress for a single event and wears, then returns it to the store--armpit sweat stains and all--for a refund "right" to expect to have her money refunded? Is the customer who finishes his entire meal without complaint, entitled to not have to pay for that meal if he did not express any discontent during the entire meal? Should the customer who rents a car and amasses parking tickets not be responsible for paying for those tickets?) This young man is right, in that he has done nothing wrong. The tow truck company is living up to the stereotype of being a bully with few, if any, scruples. But having said that, jorgebrito2, you are still an idiot.
pootApr 14th 2010 11:08PM
no offense, but who the hell ever told you that the customer is always right? That's just about the stupidest thing I've ever heard. Who coined that, some customer that didn't know what the hell he was talking about?
tyrebitreApr 21st 2010 12:13AM
No, Jorge, the customer is not always right; however, as I used to tell my parts people at my bike shop: " While the customer may be an ass, he is an ass with THEIR paycheck in his pocket." I left it to their ( the parts girls ) discretion to decide when it was no longer worth taking a bad customer's crap in order to get his portion of their paychecks.
carolApr 14th 2010 8:21PM
Pay up and shut up. I guess you are going to create a complaint website for all businesses now. When you cross the line you have to pay the fine...................LOL
linemanronApr 14th 2010 8:22PM
Freedom of speech? No that doesn't sound right.
Henry TruongApr 15th 2010 12:30AM
I truly think that the company suing the kid is making a horrible mistake. This will only make the company look really bad and no one will want to do business with them. Unless this is what they want.
monza305Apr 14th 2010 8:27PM
This kid is doing the right thing. T&J's towing are a bunch of crooks. Read this story here that gives more details. http://www.mlive.com/news/kalamazoo/index.ssf/2010/04/western_michigan_university_st_8.html
The things that the kids are complaining about on their Facebook page are exactly what people have reported to the Better Business Bureau. (BBB grades them at an F). One example of what the towing company would do is find a legally parked car with an unlocked door or open window. Go into the car and peel the parking sticker off, then tow it because it didn't have a parking permit. T&J are a bunch of crooks & they don't stand a chance in this suit.
ApelilaApr 14th 2010 8:55PM
You say they are a bunch of crooks........have they been convicted of anything at all??? I assume not and I also hope that the punk that thinks it is about free speech ends up having to pay out the ears (to clean it up a wee bit) foryears to come. Too many think that free speech means that they can say anything about anyone...that is fine if they have absolute evidence to prove it. I doubt that in this case as well...it is word of mouth with ruffles and flounces added. In other words...gossip.
RobertApr 14th 2010 9:16PM
From what I have heard this T@J towing company is the worst ever. They bait and trap, they llie in wait. They inflate prices. They even tow perfectly legally parked cars and then put false information on the report. I know people that have moved out of the area because they were tired of being terrorized by this towing company. I haven,t even been to that area for a long long time because of them. I often wonder how they get away with it. Probably well connected if you know what I mean.
NLuvWLif0344Apr 14th 2010 9:18PM
Dude, get ahold of a lawyer and file an Anti-SLAPP motion against the towing company ASAP. What you did is protected by the First Amendment. When you win (and you will) and the a-hole's lawsuit is dismissed, you even get your attorneys' fees paid by the towing company for bringing a frivolous lawsuit. Righteous justice!
Gene SolchenbergerApr 14th 2010 9:26PM
Freedom of speech is in question? Damn. What happened to our rights as Americans.
If I were to say that the owner of M.W.Trucking,Inc. of Kaukauna, Wi. is a liar, would I be in trouble?