Re: APD Law Suit

["Karen Randall" <krandall@world.std.com>]

I belive Tom Barr was also named in the suit, so I suspect that if Steve has
not yet seen it, he will very soon.

While I was not "watching" when the discussion went on that Petswarehouse is
sueing over, I can't believe that Cynthia did anything other than let people
express their opinions.  She typically clamps down on people getting out of
hand quite quickly, and always has.  That is why APD has remained a pleasant
place to exchange information.

I don't know what the other people said, or whether their complaints had
merit.  I do know that Petswarehouse has had a very bad reputation for a
very long time.

Once we hear from the other SC members and make sure we are all on the same
page here, I suggest that we contact Steve and ask him to spearhead looking
into this, and tell him that AGA will also contribute to a fund if it is
needed and warranted.

Karen

----- Original Message -----
From: "Neil Frank" <nfrank@mindspring.com>
To: <aga-sc@thekrib.com>
Sent: Friday, June 15, 2001 6:57 AM
Subject: Re: APD Law Suit


> Karen, thanks for posting the background. VERY INTERESTING. I hope that
> Steve or someone else gets a copy of the complaint and finds out if there
> is any merit (ie. is APD the sole basis of their complaint or is there
more
> to it?) Assuming not as suggested,I then agree that we should contribute
to
> the defense fund. We might also get some input from Steve regarding what
> financial resources might be needed. I have confidence in the system and
we
> should defend free speech in this arena.
> --Neil
>
> At 10:21 PM 06/14/2001 -0400, Karen Randall wrote:
> >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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