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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 commentsmarcApr 15th 2010 3:43AM
I think what she meant is this company tows improperly parked vehicles for the town. In which case they should go to the town and get them put out of business. But sometimes that's hard, or they might have friends or relatives there. I'd bet that they do, since they are obviously quite brazen from the reports.
MARC
ShendaApr 15th 2010 9:23AM
Yes, I did say that pretty much everything you hear is true. I say that because I'm sure that some stories are without merit, but only a small percentage. Kalamazoo is a decently sized town, with multiple towing companies. Many apartment complexes and businesses refuse to use T & J as their towing company. In fact I know of several apartment complexes who've been forced to sever contracts with them due to numerous complaints of them illegally taking vehicles from residents. It is possible that he (the student being sued) has had several issues with them before, and could be why he started the group on FB, so no, we don't know of the history between them, but knowing the history that they do have, I don't doubt that this kid is telling the truth.
And honestly, I don't think this case will damage their reputation any worse than it already is, they ruined it themselves with sub-par service. I think this case just brings more public attention outside of Kalamazoo about how bad they are.
As I said before, they are far from the only towing company in town, and are the last company I would willingly have tow my car. I was improperly parked when they towed my car, I will admit that, but I'm not arguing that, my problem is that the driver improperly towed my car, which is what caused the damage. I willingly paid the fee, because it was my fault for being parked in the wrong place. However, they refuse to make change, and only except cash, so if you don't have exact change, they keep all the extra money you give them, and with the amount of cars they take I'm sure they make a decent amount of money off of that. More than enough to provide people with the change due to them.
girlrocket3Apr 15th 2010 4:00AM
In the immortal words of George Harrison: "We're gonna play the sue me, sue
you blues"
Tom PApr 15th 2010 4:19AM
Thanks Marc. I agree with you and as stated I am disappointed that the company has taken this path instead of so many other ways they could have taken. (ie… defended themselves on the website, communicated with the individual to work out the problem or attempt a retraction from him) As I do not know the circumstances they may have tried to work the issue out and it ended up turning this way but something had to occur to make the kid start a website complaining about the company and something had to occur to having the company skip the other legal avenues so we will just have to wait and see.
I hope the town does go against the company if they are indeed violating the laws and would hope that people in that town will keep a close eye on them. There is no reason, in this time of phone cameras with video on them, that if someone observes them towing a legally parked vehicle that they cannot film it and send to the media.
I disagree about the freedom of speech claim as that is being used way too far in such claims as burning the American Flag to protesting funerals for fallen soldiers and the 26 miners that died the other day. It seems that everyone wants to claim freedom of speech instead of accepting responsibility for their speech. I feel sorry for this kid as my son will start college in the fall and I know that he speaks his mind way too many times so I hope that he does not create a headache for himself at this age.
Braddah SteelApr 15th 2010 5:43AM
Anybody that sides with the towing co. is a total & complete idiot. IT IS FREE SPEECH. The kid just stated his opinion of the company & what they did to him. there is no harm or slander in his words. just simply stated opinions that he & others have about that company.
Weather they are a shady company or not, if someone thinks they are, that someone is allowed by the Constitution of the United States of America to express their opinion. If you don't like that rule, move.
It's not like the kid said the tow guys rape 14 y/o girls behind their building. THAT would be slanderous
Marjorie TaylorApr 15th 2010 6:12AM
Well people in all reality "the customer IS always right". Maybe you all should be put in that kids shoes for a while. If a company messes up and people have the guts to post about it then that's great. It gets the message out there and others can have a chance to voice their own opinions of said company. In any business, retail or other it has always been stated in your training that in fact "The customer IS always right". Maybe some of you should take a course on business and retail selling. Stop and think before you post about that the customer is not always right. It is the retail and other businesses that should know that "the customer IS in fact always right" no matter what they feel is the correct way to handle the situation. Half of you on here don't have a clue about retail policies at all. Get with the program people.
tyrebitreApr 21st 2010 12:51AM
Marjorie Taylor said 6:12AM on 4-15-2010
Well people in all reality "the customer IS always right". --------- In any business, retail or other it has always been stated in your training that in fact "The customer IS always right".
Bullcrap. On both counts. While this may be an axiom used by many in business; it is neither a fact, a rule, a universally good guide, or followed 100% even by businesses that proclaim it as company policy. What it is is a meaningless ploy ( along with such drivel as "Never Undersold" ) to try and establish confidence in the minds of the consumer. I assume in your world of business that when a customer returned a newly purchased ATV with the front tire shoved into the engine and the fender melted on the exhaust claiming "it was like that when I bought it", I should have given him a new motorcycle ? Or the customer who brought back a motorcycle complaining that the $400 + repairs done for leaking carbs a "month of so ago" were still leaking should have gotten the job redone for free when the repair ticket clearly showed the repairs were done over 18 months before ? What customers deserve is to be treated fairly and with respect: and when they are WRONG, again, they need to be treated fairly and with respect - which means that they are WRONG and should take responsibility for their own actions.
Sniper BobApr 20th 2010 7:13PM
It's not libel, and it's not slander if it's true!!! A judge would quickly inform the attorney (lower case "a" on purpose) of this fact if it ever went to trial. Obviously their State doesn't have a law against frivolous lawsuits or the kid could turn around and sue the tow company for malicious and frivolous litigation. Go get em kid!!
The River RatApr 21st 2010 1:05AM
When I was in college many years ago, I found most businesses were most appreciative of the students business, both in Auburn and Tuscaloosa, AL. There were a few places that seemed not to be, but these places never prospered. My Car was never towed, but then I never parked in a place that said "No Parking or Car Will Be Towed." If this company towed cars illegally, they should be put out of business. If not, pay the fine and shut up.
?????????Apr 23rd 2010 4:45AM
all i have to say is that tow companies and repo men are the lowest scum of the earth
pjchildsApr 23rd 2010 11:48AM
Sounds like T&J Towing Company has a the market on being jerks cornered. I love that dunce Laura June's comment that the guy should just pay the $750,000, "then leave like a bunch of rude comments on the towing company's wall". Chances are T&J Towing Company is owned by an "organization" which is used to getting what they want. The politician who gave them the contract should be working on their resume.