How to start a good "hate" site and not get sued.
August 2, 2005 5:21 PM Subscribe
I want to start a "hate" site dedicated to my crappy dealings with a major corporation. What do I need to be wary of?
I've had it! _______ (insert company name here) is ripping me off and providing me NO service even though I've spent $25,000 YTD with them. Their service is a joke. The account rep is a moron. I firmly believe they are trained to pass the buck so you'll give up and go away.
I want to start a "hate" site about my experiences (i.e. ______sucks.com, or equivelant). I am sure the company would be eager to sue me (a Google search shows that they don't mind filing frivilous suits). What kinds of things would be considered out of bounds if I want to create the site and want to stay on firm legal ground?
Amongst the things I'd consider posting: transcripts of conversations, recorded phone calls, images of my bills, the names of people I'm dealing with at the company, etc.
I'm doing this with the purest of intentions - simply as an outlet for my immense frustration. But is there any chance they would pay me to shut up or take it down?
I've had it! _______ (insert company name here) is ripping me off and providing me NO service even though I've spent $25,000 YTD with them. Their service is a joke. The account rep is a moron. I firmly believe they are trained to pass the buck so you'll give up and go away.
I want to start a "hate" site about my experiences (i.e. ______sucks.com, or equivelant). I am sure the company would be eager to sue me (a Google search shows that they don't mind filing frivilous suits). What kinds of things would be considered out of bounds if I want to create the site and want to stay on firm legal ground?
Amongst the things I'd consider posting: transcripts of conversations, recorded phone calls, images of my bills, the names of people I'm dealing with at the company, etc.
I'm doing this with the purest of intentions - simply as an outlet for my immense frustration. But is there any chance they would pay me to shut up or take it down?
I suggest you tilt at windmills in a less expensive fashion.
Litigation favors the party with the greatest available resources.
posted by mosch at 6:00 PM on August 2, 2005
Litigation favors the party with the greatest available resources.
posted by mosch at 6:00 PM on August 2, 2005
What do I need to be wary of?
It ruining your life. If you hate them so much, why do you want to continue to be connected to them in such a way?
Post a negative review on a few appropriate review sites, if you can find some. Be strongly negative, but civil. Provide information, not insults. Then walk away and get on with your life.
posted by krisjohn at 6:48 PM on August 2, 2005
It ruining your life. If you hate them so much, why do you want to continue to be connected to them in such a way?
Post a negative review on a few appropriate review sites, if you can find some. Be strongly negative, but civil. Provide information, not insults. Then walk away and get on with your life.
posted by krisjohn at 6:48 PM on August 2, 2005
So, in that list of items you are considering posting are all the clues that this company (that you admit would probably love to take you to court and have you try to outspend them) would need to identify exactly who you are.
That doesn't seem smart, y'know? At that point, it doesn't matter if you are doing something legal. You could still be taken to court and forced to spend a crapload of money to establish that - a pyrrhic victory, at best.
posted by Dipsomaniac at 6:58 PM on August 2, 2005
That doesn't seem smart, y'know? At that point, it doesn't matter if you are doing something legal. You could still be taken to court and forced to spend a crapload of money to establish that - a pyrrhic victory, at best.
posted by Dipsomaniac at 6:58 PM on August 2, 2005
it's Dell isn't it? I've been there. They really, really suck in the customer service area. Google Dell Hell some stuff comes up, most of it recent. Maybe with a number of people--consumers rallying around common issues some weight can be gained.
If, on the otherhand all you want is to remedy your individual case then.....give it up.
Common Dreams I think recently had a piece about consumer clout--but I can't find it right now.
posted by NorthCoastCafe at 7:01 PM on August 2, 2005
If, on the otherhand all you want is to remedy your individual case then.....give it up.
Common Dreams I think recently had a piece about consumer clout--but I can't find it right now.
posted by NorthCoastCafe at 7:01 PM on August 2, 2005
Don't name your domain that. You'll lose when ICANN come a knockin'.
Uh, no. The case history disagrees with you. http://www.ivanhoffman.com/protest.html
In short, if you register a -sucks domain and your site does not create any confusion or deception, and fulfills the role of criticism/comment/parody/etc then you are safe.
However, that doesn't matter. You will still be sued, or have a UDRP case brought against you. This will require that you either fold or employ a lawyer, so from that point of view it doesn't matter whether you are in the right or wrong.
posted by Rhomboid at 7:15 PM on August 2, 2005
Uh, no. The case history disagrees with you. http://www.ivanhoffman.com/protest.html
In short, if you register a -sucks domain and your site does not create any confusion or deception, and fulfills the role of criticism/comment/parody/etc then you are safe.
However, that doesn't matter. You will still be sued, or have a UDRP case brought against you. This will require that you either fold or employ a lawyer, so from that point of view it doesn't matter whether you are in the right or wrong.
posted by Rhomboid at 7:15 PM on August 2, 2005
If you decide to do it, be legal. Report the facts and provide documentation. No illegal phone call tapes, but I'll bet you can take notes and publish those. Be reasonable. Tell your story. Much more convincing and much more defensible in court.
Of course, you've complained to the company in writing, and have gone to the Better Business Bureau, right?
posted by theora55 at 7:49 PM on August 2, 2005
Of course, you've complained to the company in writing, and have gone to the Better Business Bureau, right?
posted by theora55 at 7:49 PM on August 2, 2005
Response by poster: Don't name your domain that. You'll lose when ICANN come a knockin'.
What's so wrong with genericdomainname.com/____sucks.html ?
Actually, I learned the company has already reserved the URLs ___sucks.com (and .net, .biz, .org, etc, etc, etc) as well as all the variables for ihate____, ____bites and who knows what else.
But I found one they haven't: ____isevil.com.
posted by b_thinky at 7:54 PM on August 2, 2005
What's so wrong with genericdomainname.com/____sucks.html ?
Actually, I learned the company has already reserved the URLs ___sucks.com (and .net, .biz, .org, etc, etc, etc) as well as all the variables for ihate____, ____bites and who knows what else.
But I found one they haven't: ____isevil.com.
posted by b_thinky at 7:54 PM on August 2, 2005
Are there any offshore hosts who don't give a fuck about American corporations? Who hosts Pirate Bay?
posted by Optimus Chyme at 8:14 PM on August 2, 2005
posted by Optimus Chyme at 8:14 PM on August 2, 2005
Are there any offshore hosts who don't give a fuck about American corporations?
Havenco?
posted by leapingsheep at 8:26 PM on August 2, 2005
Havenco?
posted by leapingsheep at 8:26 PM on August 2, 2005
I'd recommend not doing this. Why? Because in the long run, it's a waste of time. You'd get the same results and satisfaction by building an effigy of the company with the 9 bucks for domain registration taped to the top, and then setting it on fire, as well as urinating on the ashes.
posted by angry modem at 9:06 PM on August 2, 2005
posted by angry modem at 9:06 PM on August 2, 2005
Hosting at Havenco is more expensive than retaining a lawyer.
When I've had business issues, I tend to just file all the relevant disputes, stop using their service, and call it a day. Anything more than that just keeps me pissed off.
posted by mosch at 9:17 PM on August 2, 2005
When I've had business issues, I tend to just file all the relevant disputes, stop using their service, and call it a day. Anything more than that just keeps me pissed off.
posted by mosch at 9:17 PM on August 2, 2005
Amongst the things I'd consider posting: transcripts of conversations, recorded phone calls, images of my bills, the names of people I'm dealing with at the company, etc.
Seems to me the first, third and fourth of those would be fine; the second could get you in serious trouble, depending on the law about recording phone conversations without consent in your state. But in general, there's nothing wrong with documenting the facts of the case online, dispassionately, for the world to see, along with formally complaining to the Better Business Bureau and your state Attorney General.
Make sure you're not breaking any laws, and you won't have any reason to fold at the first threatening letter. Fire back by asserting your right to free speech and warning them against harassing you further, and you might just be surprised at how quickly their legal department disappears.
posted by mediareport at 9:39 PM on August 2, 2005
Seems to me the first, third and fourth of those would be fine; the second could get you in serious trouble, depending on the law about recording phone conversations without consent in your state. But in general, there's nothing wrong with documenting the facts of the case online, dispassionately, for the world to see, along with formally complaining to the Better Business Bureau and your state Attorney General.
Make sure you're not breaking any laws, and you won't have any reason to fold at the first threatening letter. Fire back by asserting your right to free speech and warning them against harassing you further, and you might just be surprised at how quickly their legal department disappears.
posted by mediareport at 9:39 PM on August 2, 2005
Although it sounds to me like you really hope to extort money from this company (is there any chance they would pay me to shut up or take it down), we would all be able to offer much more useful advice if you would fill in the ____sucks blanks.
posted by cmonkey at 10:05 PM on August 2, 2005
posted by cmonkey at 10:05 PM on August 2, 2005
My biggest suggestion:
hire a lawyer now
If you really get under their skin, as eveyrone told you, they're going to sue your ass. So, if you're going to get sued, start with representation immediately, with a lawyer who likes tilting at windmills as much as you do.
Barring that, try writing the company's chairman and their board of directors. Explain your woes. And find somewhere else to take your $25k
posted by filmgeek at 10:15 PM on August 2, 2005
hire a lawyer now
If you really get under their skin, as eveyrone told you, they're going to sue your ass. So, if you're going to get sued, start with representation immediately, with a lawyer who likes tilting at windmills as much as you do.
Barring that, try writing the company's chairman and their board of directors. Explain your woes. And find somewhere else to take your $25k
posted by filmgeek at 10:15 PM on August 2, 2005
If you create such a site, most people viewing it will see you as a fanatic, and you'll have less credibility because of it.
If you want to bring attention to the bad practices of this company, contact the business or features editor of a major newspaper and suggest that a story on poor treatment of customers might be a crowd-pleaser AND a public service.
posted by wryly at 10:26 PM on August 2, 2005
If you want to bring attention to the bad practices of this company, contact the business or features editor of a major newspaper and suggest that a story on poor treatment of customers might be a crowd-pleaser AND a public service.
posted by wryly at 10:26 PM on August 2, 2005
Fuck everybody who thinks this is a bad idea. They have clearly never been screwed by a large corporation.
I fully believe this type of behavior should be encouraged.
On a slightly less militant note, speaking as someone who reads query letters from perspective writers on a daily basis, your story better be damn good if it's going to get the attention of an editor who's never heard of you before (i.e. I lost all my money, I'm living on the streets and my dog died because this company wouldn't take my calls -- do you have any idea how many "I've been treated poorly by a company" stories there are in the world?).
Also, If the coproration is publicly held or widely known they would certainly not fall under the same libel laws as say, you -- because you are a private citizen (that is, until you go putting up your website). I would say that if everything you post is purely factual and you can back everything up with physical evidence you would be more likely to have a case. However, naming your website __________isevil.com is probably not the best way to start out if you're trying to stick with the facts.
That said, I would also like to note that everyone at Citibank can go fuck themselves.
posted by ebeeb at 10:42 PM on August 2, 2005
I fully believe this type of behavior should be encouraged.
On a slightly less militant note, speaking as someone who reads query letters from perspective writers on a daily basis, your story better be damn good if it's going to get the attention of an editor who's never heard of you before (i.e. I lost all my money, I'm living on the streets and my dog died because this company wouldn't take my calls -- do you have any idea how many "I've been treated poorly by a company" stories there are in the world?).
Also, If the coproration is publicly held or widely known they would certainly not fall under the same libel laws as say, you -- because you are a private citizen (that is, until you go putting up your website). I would say that if everything you post is purely factual and you can back everything up with physical evidence you would be more likely to have a case. However, naming your website __________isevil.com is probably not the best way to start out if you're trying to stick with the facts.
That said, I would also like to note that everyone at Citibank can go fuck themselves.
posted by ebeeb at 10:42 PM on August 2, 2005
Spend your money in a more productive fashion. Sue them in small claims court for whatever you feel you're owed (you can even sue them for the cost of your wasted time, but you shouldn't win that). Since they will have to show up in court (lest the judge be angry and just give you the money you asked for in a default judgement) you can be sure they're going to be forced to hire an expensive person by the hour to personally handle your complaint. If your small claims court is set up intelligently there will be maximum amounts they can countersue for, for the cost of their lawyer. Around here it's only $300.
Plus you sued first, so you're automatically assumed to be more right (a dumb fact I learned from court).
Putting up a nasty site is only going to make you the defendant.
posted by shepd at 2:54 AM on August 3, 2005
Plus you sued first, so you're automatically assumed to be more right (a dumb fact I learned from court).
Putting up a nasty site is only going to make you the defendant.
posted by shepd at 2:54 AM on August 3, 2005
I agree with the majority. Don't.
If they're that bad, there must be other avenues to voice your grievances. Letter to the newspaper, any established websites to this end already, blanket letter to politicians & newspapers & blogs, again as above, factual and not hysterical. Remember, if they're a big company, litigation probably won't be your only (bankrupting) trouble - reputation/job prospects could be affected by 'long arms'. And it will do your head in becoming narrowly obsessive. If you have a legal standing for reparations, pursue it legally. Otherwise spit on their property, get drunk and move on.
posted by peacay at 3:34 AM on August 3, 2005
If they're that bad, there must be other avenues to voice your grievances. Letter to the newspaper, any established websites to this end already, blanket letter to politicians & newspapers & blogs, again as above, factual and not hysterical. Remember, if they're a big company, litigation probably won't be your only (bankrupting) trouble - reputation/job prospects could be affected by 'long arms'. And it will do your head in becoming narrowly obsessive. If you have a legal standing for reparations, pursue it legally. Otherwise spit on their property, get drunk and move on.
posted by peacay at 3:34 AM on August 3, 2005
you could use blogger or livejournal as opposed to registering a domain name, that way you are still getting your story out there.
posted by yeahyeahyeahwhoo at 6:28 AM on August 3, 2005
posted by yeahyeahyeahwhoo at 6:28 AM on August 3, 2005
In my experience, writing to the Better Business Bureau is about as effective as trying to hit the sun by throwing a rock. They're worthless.
The State Attorney General, on the other hand, can do a lot for you. You'd be surprised. Contact the one in your state as well as the one in which the company is based.
posted by Atom12 at 8:28 AM on August 3, 2005
The State Attorney General, on the other hand, can do a lot for you. You'd be surprised. Contact the one in your state as well as the one in which the company is based.
posted by Atom12 at 8:28 AM on August 3, 2005
Do you love lawyers? If so, by all means proceed; you'll be putting food on their table and money in their bank.
posted by ikkyu2 at 12:20 PM on August 3, 2005
posted by ikkyu2 at 12:20 PM on August 3, 2005
This thread is closed to new comments.
Being sued out of existence by a corporation with far greater resources than you posses, even if that corporation is entirely in the wrong, just because they can afford it. If you go too far, they might not be in the wrong.
posted by caddis at 5:55 PM on August 2, 2005