June 1, 2010

More and More Lawsuits Over Rants on the Web that Blast Businesses

by Sarah Randag
ABA Journal

A Kalamazoo, Mich., college student outraged over a $118 charge to retrieve his towed car he says was unjustified has found himself with a defamation lawsuit from T&J Towing seeking $750,000 in damages.

A lawyer for T&J Towing told the New York Times that Justin Kurtz's permit to park in his complex's lot wasn't visible, so their towing charge was justified. They say a Facebook page he created, Kalamazoo Residents Against T&J Towing, that now has more than 12,000 members has cost T&J Towing business and unfairly damaged its reputation.

“This case raises interesting questions,” the towing company’s lawyer, Richard Burnham told the New York Times. “What are the rights to free speech? And even if what he said is false, which I am convinced, is his conduct the proximate cause of our loss?”

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