Does this guy have a case against me?

[waterinthefuel]

On another forum, they banned me without warning. When it says why, it says "for being an idiot." I sent them an email that said if they don't tell me at least why I was banned I would negative advertise on the internet against them and the company they represent. Now they're saying that I threatened them and they would proceed with legal action against me. They said that I gave "illegal advice" on the forum by telling another member to use a HAM radio for business use. (I don't recall saying that but even if I did, giving illegal advice isn't against the law. I can tell someone to fish without a license, if they do, that's on them.) Now they're talking about suing me. I haven't said anything against them on any forum YET, but I want the advice of any legal expert that can tell me if there is a case against me for "punitive damages". I told them to shove it up their ***, I have first amendment rights. If they sue me I will counter sue.

What do you think?

 

[skargo]

Re: Does this guy have a case against me?

Uhhh, ask a lawyer???

 

[Tim Frank]

Re: Does this guy have a case against me?

On another forum, they banned me without warning. When it says why, it says "for being an idiot." I sent them an email that said if they don't tell me at least why I was banned I would negative advertise on the internet against them and the company they represent. Now they're saying that I threatened them and they would proceed with legal action against me. They said that I gave "illegal advice" on the forum by telling another member to use a HAM radio for business use. (I don't recall saying that but even if I did, giving illegal advice isn't against the law. I can tell someone to fish without a license, if they do, that's on them.) Now they're talking about suing me. I haven't said anything against them on any forum YET, but I want the advice of any legal expert that can tell me if there is a case against me for "punitive damages". I told them to shove it up their ***, I have first amendment rights. If they sue me I will counter sue.

What do you think?

Reading your post it sounds like you threatened to slander them, you did it in writing, and you are now trying to portray yourself as the victim. Go back and read your last 1/2 dozen posts and I'll bet you can figure it out....

My understanding of 1st amendment rights is that there are limits to what you can say in a public forum. But I did not stay at a Holiday Inn Express last night.


Scott nailed it....www.INEEDALAWYER.com if you really want an answer.
Or wait to see if they are just blowing smoke.

 

[waterinthefuel]

Re: Does this guy have a case against me?

Reading your post it sounds like you threatened to slander them, you did it in writing, and you are now trying to portray yourself as the victim.

My understanding of 1st amendment rights is that there are limits to what you can say in a public forum. But I did not stay at a Holiday Inn Express last night.


Scott nailed it....www.INEEDALAWYER.com if you really want an answer.
Or wait to see if they are just blowing smoke.

I am the victim. I was banned and called an idiot. If I did "advise someone to use HAM radio for a business" it was simply me telling someone that HAM radios work well in all environments. I wouldn't maliciously advise someone wrong. I have never done that here, I wouldn't do that there. I usually don't read the OP's very well and didn't realize he was wanting to use it for a business. Making a mistake isn't a crime. Posting your experience with the company isn't a crime. I would then take that absolute truth that they called me an idiot and post it on the internet. The truth shall set you free. It's not slander. They called me an idiot. I have that in writing too. That's how I would countersue. You better be squeaky clean if you're going to be legal about it.

And I have it in writing that I said "if you don't explain to me what I did wrong" I would post it all over the internet. They DID explain to me what I did wrong so I would have no reason to go further with this. Their forum is their forum, but if you're going to call me an idiot and not explain what I did, be prepared for my wrath.

 

[Tim Frank]

Re: Does this guy have a case against me?

Should not have gotten involved....

 

[waterinthefuel]

Re: Does this guy have a case against me?

They answered my question in a private communication and in that communication threatened to sue me. That makes me take the next step. They overstepped their bounds, not me. I edited my post up there while you were typing yours....I only said to give me a reason why I was banned. They did. I was going to just walk away. But they want to bring it to the next level, bring it on. I have a family lawyer who will rip them apart. The first amendment will protect me. They deleted what I said on their forum, so they themselves removed the evidence.

You don't understand, it's not slander if its the truth. I would post exactly what they called me. That is truth. If I say a company sucks because they forgot to tighten the wheel on my truck and they indeed forgot to tighten it, it's not slander. They called me an idiot. If Wal Mart calls me an idiot, I will post it all over the internet to negative advertise. I have all the proof I need. I say, bring it on!

 

[Insteada]

Re: Does this guy have a case against me?

At the end of the day, I would ask myself if it's even worth taking the chance. Most likely somewhere in your mind you think that you can "fight" it out with them because your right, etc. But ultimately, these forums belong to someone who can make this call, for whatever reason, etc. You picking a fight could just cost you more than it's worth. Like was mentioned earlier "Go ahead, if you want; but you have been warned, and it could be expensive sport."

 

[waterinthefuel]

Re: Does this guy have a case against me?

Ok, let me reiterate......if they would have just said "you illegally advised someone of using HAM radio for business use" then I would have been fine. Whether or not it's true I don't know. I will never know as they removed my posts. I would have moved on (which I already did) but they said now they are going to sue me for punitive damages. What punitive damages? They have to prove them and they cant prove ****. I didn't want this fight, I didn't bring this legal crap up, they did. But I will fight them if they want to fight.

I have no right to be on their forum, but they have no right to call me an idiot. Once they do, then I can take that information and run with it and make it public. Any company that treats its potential customers that way should be brought to light. Again, the truth shall set you free. That being said, I STILL NEVER ACTUALLY DID IT because they did what I asked them to do.

And to be honest, I don't know how they would know who I even am because without a court order for my IP address, they don't know who I am. I never identified myself by my HAM call sign or anything that I am aware of.

 

[waterinthefuel]

Re: Does this guy have a case against me?

Why? Because I'm willing to stand up for myself? If that's the case, then I'm a big idiot for sure.

 

[skargo]

Re: Does this guy have a case against me?

 

[Tim Frank]

Re: Does this guy have a case against me?

Should not have gotten involved....

 

[waterinthefuel]

Re: Does this guy have a case against me?

Oh it would have to be them to take it to the next step. I'm not. I'm only asking people if they have a case. No where did I say I would sue them, I said I would COUNTER sue. That's only if an original lawsuit on their end occurs.

You said "You didn't like it and kept poking the hornets nest with a stick and with predictable results. You are now angry with the hornets. " I didn't keep poking anything. I got banned, without warning, and called an idiot. That pissed me off and so I threatened to bring that into the public light if they didn't tell me what I did wrong. Had they just banned me and put why, instead of saying I was an idiot, I would let it go. The hornet stung me before I even picked up the stick, now I'm swatting back.

This isn't just a forum, it's a forum run by a company. I would expect MUCH MORE professionalism than calling me an idiot from a company who sells products. You have to understand, I HAD NO CLUE WHAT I COULD HAVE DONE TO GET BANNED. Truth be told, at first, I thought someone had to have hacked into my account to get me banned. I'm almost never there, never post, etc. In fact, I only realized I was banned when I was browsing the forum offline and saw my username had "banned" under it. I was like WTF for? It's a forum about radio communication, WTF could have gotten me banned? So, wanting to see what I had done wrong, I logged on. Reason given: "Being an idiot." Ok......that's fine. If you want to put that, ok, but being as how you are a company trying to make a profit I have a right to bring that into the public view. If you didn't want that in public, you should have handled it responsibly and professionally like any REAL good company would do. You didn't, you stirred up the **** and now are running to a lawyer. Well go ahead, but I have one to.

Look how you are treated by JB, etc. Very professionally. They represent Iboats well. If you are suspended, a real reason is given, not "for being an idiot." They would NEVER do that, and truth be told, I'd like JB's input on this and him putting that and then being upset when I threaten to make his unprofessional behavior public.

 

[BuzzStPoint]

Re: Does this guy have a case against me?

Sue you for what?
Punative damages?

Thats a good one. A person can bring a lawsuit against you for anything.. Doesn't mean they will win.. Just because you said you would talk bad about the company doesn't say that you did or was even going to.

It's kinda like you hear of a person having a bad experience at a restaurant. Now you went and told some people you dont recommend going there because of bad food or service. Even though you never been there. The resturant can't come back and sue you..


He's probably 1 of 2 things.
a stupid 14 year old who likes to talk tough.
OR 2, an adult that acts like a 14 year old talking tough.

If I had a dollar for every time someone said they were going to sue me over the internet and to my face, I'd be a rich man.
If you want to try to do some damage, Look up the better business Bureau and search the company name.
If you find complaints, Post those complaint all over. There is nothing illegal about letting people know about current complaints a business has.

 

[waterinthefuel]

Re: Does this guy have a case against me?

Bryan, leave my thread. You have added nothing. You are trolling. One more troll post and you will be reported to the mods. If you have nothing to add, don't post. Period.

And Buzz, thank you. That was exactly what I was thinking.

 

[Tim Frank]

Re: Does this guy have a case against me?

Should not have gotten involved....

 

[waterinthefuel]

Re: Does this guy have a case against me?

This forum has rules. One of them is about trolling. You do not have first amendment rights in this forum. The first amendment rights I speak of that I have is the right to say anything I want about a company on the internet. The internet isn't privately owned like this forum is. I never said I had a first amendment right to give someone illegal advice on that other companies forum. I said it's not a CRIME to do so. Iboats owns this forum and makes the rules. You do NOT have any first amendment rights here. I never said that they didn't have a right to ban me. That was NEVER THE ISSUE AT HAND.

The moderators here do not enforce the Constitution, they enforce the forum rules.

You might want to stop, you're embarrassing yourself. You obviously have no clue the difference between the public "internet" and a privately owned and run "forum."

You should be embarrassed. I would be, I'd feel like an idiot if I'd have said what you did.

 

[TahoeQ4Pilot]

Re: Does this guy have a case against me?

Actually, it may just be time to step back on this issue on the other forum (and quite possibly even here?), arguing on the internet is kind of like this:

Dont let internet arguements get you down bro, sometimes its best to just walk away.

 

[waterinthefuel]

Re: Does this guy have a case against me?

Tahoe, I agree. Like I said before, I would walk away except they threatened legal action. Now I have to ensure that they don't have a case, or I have to get a lawyer involved. Had they not threatened legal action this thread wouldn't exist.

Truth be told, only one person answered my question. I didn't ask whether I was right or wrong, I asked if they had a case against me. Obviously people's personal opinions about my behavior made their way into the thread, which is why I had to step up and defend myself.

 

[BuzzStPoint]

Re: Does this guy have a case against me?

And not to throw another chink in the chain,

Ok, lets say this company or person does sue you.
He/they have to prove "losses suffered due to the harm caused".

In a case of just saying, even in a public or private domain, that you are going to bad mouth (or slander) the business or company, to sue would would be premature. Punative damages wouldn't be awarded. Simple.

 

[bruceb58]

Re: Does this guy have a case against me?

Big deal...they banned you...so what!

Sounds like their desire is for you to shut up and go away. Sounds like you should.