assn 1-legal writing and research

From: Boss Partner

To: Newbie

Date: 01/02/YR01

Re: Welcome!

Dear Newbie:

First, welcome to the firm of Aberdeen, Bernanke and Claustrophobic, situated

here in lovely downtown Fresno, California. I understand that you’re going to spend your

first day filling out forms and getting acclimated and settled in, but when you’re ready to

start working, take a look at the rest of this letter, which will introduce you to our client,

Jane Johnson.

Jane Johnson lives in Portland, Oregon. A few years back, Jane used to sell stuff

on ebay for a living. But she got a bad online reputation because of a few bad reviews

that were posted online about her by her disgruntled customers. After these reviews

steadily decreased her customer base, she was eventually forced to go out of business.

Based on this experience and her bitterness against online websites that are

devoted to allowing consumers who are upset to anonymously and maliciously post

reviews about producers, Jane came up with a new idea for how to make money. She

decided to create a new website that would be the devoted to allowing service providers

and other sellers to complain about customers that they didn't like.

Because Jane knew of a popular website devoted to allowing customers to

complain about service providers called “pissedconsumer.com” she decided to call her

own site “pissedproducer.com.” On April 14, YR-02, Jane registered the domain name

www. pissedproducer.com through godaddy.com. On April 15 she posted her homepage

which contained the following message:

This website is devoted to allowing the producer to fight back. While there are

myriads of websites out there devoted to allowing malicious crybaby consumers

to launch cowardly attacks against hard-working producers behind the safety and

anonymity of their own computers, this website levels the playing field.

Producers are encouraged to post feedback about consumers that other producers

should be wary of. Producers may post stories about deadbeat buyers, customers

who leave unwarranted negative reviews or anything else that other producers

might want to be aware of. Consumers have many outlets to complain about us

hard-working producers and so it's only fair that they be subject to the same kind

of public scrutiny for their wrongful actions.

However, false information of any sort may not be posted on this website.

Moreover, pissedproducer.com does not warrant that any information posted by

any third party on this website is true. The posted content is solely the

responsibility of the party who posted it and in no way will pissedproducer.com

assume any responsibility for any negative review posted by any person on this

site.

This site was an instant hit as, within months, thousands of companies posted

reviews about customers who had failed to pay their bills, made false and malicious

complaints against them and committed other malfeasance.

One July 18, TR-02, Jane added a feature to the website that allowed producers to

upload multimedia files that portrayed poor consumer behavior. Using this feature, users

of the website are able to upload audio and/or video files that show interactions with

consumers even if the consumer did not know that he or she was being recorded.

Jane did not, and still does not, charge any sort of fee to the user or to the poster

of any information. However, in August of YR-02, Jane began selling advertising on the

website. Within two months, the website was generating tens of thousands of dollars of

advertising revenue each month. Today, the website generates almost $30,000 of

advertising revenue each month and Jane's business is worth in excess of $1 million

according to her estimate.

On September 12, YR-02, Jane got a letter from the operators of the website

“pissedconsumer.com,” ordering her to “cease and desist” from operating a website with

a name that was so similar to their name. Naturally, Jane promptly through the letter into

the garbage and paid the issue no more consideration.

On June 12, YR-01, Brenda James, who owns an auto repair garage here in

Fresno, posted the following review about Douglas Smith on pissedproducer.com:

Douglas Smith came into my shop the other day with his beat up old YR-09

Toyota Corolla for an oil change and a diagnostic, since his check engine light

was on. After a thorough diagnostic, I informed him that his catalytic converter

needed to be replaced or his car would not pass its next inspection. He asked me

for an estimate and I told him that it would cost approximately $800 to replace the

converter and that I would throw in the oil change for free. He agreed. When I

finished the job, I gave him a bill for $808 and he then claimed that he had never

agreed to pay that much. When I reminded him about the earlier estimate, he lied

and denied that he had agreed to allow me to go ahead with the work.

I told him I would not return his car without payment and he then cursed at me

but give me his credit card which I promptly processed. The next week, I found

that he had disputed the credit card charge, claiming that I had forced him to make

the charge by threat of withholding his car and that he had never agreed to the

work in the first place. This was plainly a lie. He also complained about me to the

Better Business Bureau even though I had done absolutely nothing wrong. I was

forced to spend many hours defending myself both in the credit card dispute and

to the Better Business Bureau all because one bitter customer’s lies.

Brenda also posted a video from a camera that overlooks the waiting area of her

garage. Because of its innocuous location, it's unlikely that customers know that they are

being videotaped when they speak to Brenda or whomever is working as cashier at

Brenda's garage.

The video that Brenda posted is of Douglas Smith in a heated exchange with

Brenda. Throughout the discussion, Douglas appears to be angry and several times yells

obscenities in the direction of Brenda.

Brenda then posted Douglas Smith's home address and telephone number and for

kicks, the make and model of Douglas’ car and his license plate number.

On July 2, YR-01, Douglas was told by a friend about the post that Brenda had

made about him. Furious, he immediately sent an e-mail to [email protected]

demanding that the entire post about him be deleted immediately. Jane wrote him back a

polite e-mail wherein she suggested that he take advantage of a feature of the website that

allows consumers to refute the allegations against them on the same page on which the

allegations appear. She also politely refused to remove Brenda's post, explaining to

Douglas that Brenda's post does not violate any site guidelines or rules.

On November 20, YR-01, Douglas (through his attorney, Pete Bull), filed a

lawsuit against Jane personally and against the business pissedproducer.com in the

federal district court for the Eastern District of California (here in Fresno), alleging

various causes of action, including defamation and invasion of privacy. I could show you

the complaint, but the complaint is full of tenuous causes of action that don’t really apply

and I’d really like a fresh take on the matter uninfluenced by Attorney Bull’s list of

dubious allegations. Jane was properly served with the complaint on November 22.

On November 27, YR-01, Jane called us and asked her to help her defend against

this action. She told us that since the action is in Fresno, she wants attorneys from Fresno

to represent her. She came down to our office for a meeting on November 29 and

formally retained our services. On December 6 (less than a month ago), we filed an

answer, denying most of her allegations. Some procedural pretrial motions are on the

court’s calendar, to be held in a couple of weeks from now. Shortly after that, we should

begin the discovery process.

Oh, and Jane thinks it's a little ridiculous for her to have to come all the way from

Portland to Fresno to have to defend against this action. She thinks that Douglas should

have to sue her, if at all, in Portland. Although that would mean that we cannot handle the

case since we are not licensed to practice law in Oregon, we do owe it to Jane to at least

think about whether we can have the case dismissed or moved to Portland.

Anyway, for now just get settled in to you office and think about this case a little

bit and I’ll be in touch with your shortly with more information and maybe a request or

two.