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Re: APD Law Suit
Here's Steve Dixon's post on the subject from yesterday:
Date: Wed, 13 Jun 2001 19:35:53 -0700
From: "Dixon, Steven T. (BEn)" <stdixon@ben.bechtel.com>
Subject: Pets Warehouse Lawsuit Against APD List Members
I want to discuss an issue which is of concern to a number of APD list
members. Apparently, Pets Warehouse (of Bohemia, New York and NOT the mail
order catalogue firm, Pet Warehouse) has filed a lawsuit against certain
members of this list as a result of discussions on the list regarding the
quality of services provided by Pets Warehouse to its customers. As I
understand it, Robert Novak, doing business as PetsWarehouse.com, has filed
suit in United States District Court for the Eastern District of New York.
The case has been designated number CV 01 3566 and at least one of the
defendants has been served. Apparently our list mom, Cynthia Powers, and
our own Tom Barr may also be named as defendants in the case. I have not
yet seen a copy of the lawsuit, but these facts have been reported and
discussed among a small group of people.
Since the case was filed and served (on at least one list member) last week,
we have not seen any discussion of the case or mention of Pets Warehouse on
this list. My own view is that we are already seeing a chilling effect on
the list. I suspect that folks are reluctant, or perhaps even afraid, to
discuss the suit or the customer service performance of Pets Warehouse for
fear of being targeted by Mr. Novak. I, for one, want to discuss the issues
openly and ask the collective list what action we might wish to take. We
are not powerless in a situation such as this, and I believe the power of
the Internet can be used to the advantage of consumers even in the face of
adversity.
First of all, let me say that slander and libel are important doctrines in
American law. We all benefit from truthful, open and forthright discussion,
and in fact, the world is a better place because one person cannot
maliciously impugn the reputation of another. Having said that, it is
important to recall that truthfulness is an absolute defense against a claim
of slander or libel. We are all entitled to speak the truth and an
individual who attempts to stifle truthful conversation through the threat
of lawsuits runs a significant risk of their own in my view.
Now to the point: I want to recount my one attempt at purchasing plants
from Pets Warehouse. I want to review Pets Warehouse record with the Better
Business Bureau of New York; and I want to propose three possible courses of
action for your consideration.
My one experience with Pets Warehouse. About 5 years ago (before I had met
many other hobbyists or had sources for plants) I was thrilled when I found
PetsWarehouse.com on the Internet and discovered the many species of plants
that they carried. I phoned Pets Warehouse and placed an order for about 10
species of plants for about $65 and eagerly awaited the arrival of my order.
Several weeks came and went, but no plants arrived. I phoned up Pets
Warehouse and learned about how the plants arrive from Singapore on certain
dates and are then re-packed and shipped to Pets Warehouse customers. I did
receive one or two email notes explaining that my order was delayed, but
would be sorted out shortly. I began calling Pets Warehouse weekly trying
to expedite my order. Eventually, I was unable to obtain any further
information about my order and after about three months I simply gave up.
Ironically enough, I remember calling up Tom Barr and discussing my
frustration with Pets Warehouse. Tom came to their defense arguing that if
one persisted, and was patient and willing to tolerate some substitution,
one could in fact get some good plants from Pets Warehouse. (Any takers on
how Tom feels about Pets Warehouse at this juncture! :-)) I kept my own
paperwork for the order in the bottom of my in-box at work for almost 4
years. About 6 months ago, I found the paperwork and laughed to myself
thinking that Pets Warehouse was getting its comeuppance on the APD and
tossed the paperwork. True story.
The Better Business Bureau of New York. This morning I went to the web site
of the BBB of New York. You can find it at: http://newyork.bbb.org/
<http://newyork.bbb.org/> . I selected the button toward the top of the
page which says: "Check out a business or charity." I typed "Pets
Warehouse" into the search form and obtained the following report which I
reprint in its entirety:
*****
"According to information in the Better Business Bureau's file:
This firm is a pet shop.
The Bureau's file opened 02/95.
This firm has an unsatisfactory rating, which is the Bureau's lowest rating.
This firm has received 18 complaint (s) in the last 36 months. 13 of those
18 complaint(s) were received in the last 12 months.
This firm has a pattern of not responding to complaints brought to its
attention by the Bureau.
Better Business Bureau reports are based on our files over the past three
years. The company's size, volume of business and number of transactions may
have a bearing on the number of complaints received by the BBB. The BBB does
not endorse or recommend any product, service, or company."
*****
The report speaks volumes about Pets Warehouse' customer service, don't you
think?
What should we do? Three things are on my mind.
1. Boycott Pets Warehouse. I don't know how you all feel, but I for
one don't want to support a business that responds to its customers in the
manner in which Pets Warehouse has chosen. I simply do not intend to do
business with them (not that I was ever able to :-)) ever again. As a group
with around 1500 subscribers (the last time I checked), I wonder if we might
be able to influence pet stores and other hobbyists NOT to support a company
which pursues such tactics with its customers. I know the owners of several
reputable local fish shops here in the San Francisco Bay Area and I intend
to discuss the situation with them and urge them not to do business with
Pets Warehouse. If we multiplied that effort a hundred-fold, perhaps we
might have a perceptible effect. Perhaps, we might even encourage Pets
Warehouse to reconsider its strategy of attacking its customers.
2. Establish a defense fund. Many fish and plant enthusiasts are not
wealthy folks. I can imagine that the prospect of defending a suit is quite
daunting. If others thought that establishing a defense fund would be a
good idea, I for one would make a sizable contribution.
3. Other actions we might take. There is some talk here in San
Francisco that somehow or other we should take direct action to try to put a
stop to this. I am not sure what that might entail. Obviously, we need to
get a copy of the complaint, read it carefully and find some of the lawyers
among us that are still actively litigating cases and consider whether any
claims or counterclaims might be possible. I am doubtful, but don't rule it
out. I, too, am very upset that a retail company would pursue its customers
in this manner. We are little guys, but if we think carefully, and act in
concert, wonderful things might happen.
So that's where I am at the moment. If our list mom can stand the off-topic
discussion, my own view is we should hold as much of the conversation
on-line as possible; if for no other reason, simply to demonstrate that free
speech is well--free speech. Of course, if folks think the conversation is
inappropriate for the list, that's fine too.
I am quite interested to hear what you are thinking.
Regards, Steve Dixon in San Francisco
P.S. Someone mentioned that I should probably disclose that I am a
lawyer-which is true enough; but only a poor business lawyer who wouldn't
set foot in a court (unless the purpose was to defend myself vigorously)!
:-) Keep the faith.
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