Durham Clean Air Company Threatening to Sue Me. What’s my position here?

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I got an email from the president of Durham Clean Air Company earlier today:

There is a blog on your site reading “SCAM ALERT (MAYBE) DURHAM REGION AIR QUALITY TESTING”. There are now legal documents and voice recordings on your site from my company and employees. I demand that you remove this or I will be proceeding with legal action. This is not legal or acceptable. If you have any questions please contact me at: <email removed>

I wasn’t sure what she was referring to so I ask her for links and she emails me:

http://forum.smartcanucks.ca/124667-scam-alert-maybe-durham-region-air-quality-test-canada-3/

this specific page has my company’s paper work, pictures  and voice recordings.

http://forum.smartcanucks.ca/124667-scam-alert-maybe-durham-region-air-quality-test-canada-6/

This forum needs to be removed. It is all very false and dangerous information. I am seriously considering taking very powerful legal action against your site for the damages you have caused us by having this illegal information on there.

So I go through the thread which starts here and I can see it’s basically people writing about their experience with the company. It seems like many people didn’t have such a good experience though so I can see why she’s concerned.

Now I’m wondering what my position here is? Should I just delete the thread? I don’t want to cause her company any harm if it runs a legitimate non-scammy business. I also don’t want to get sued obviously. Anyone with legal experience know what I can do here?


80 responses to “Durham Clean Air Company Threatening to Sue Me. What’s my position here?”

  1. Sally says:

    They’ve been making up differnt usernames and being rude in that thread, not only that but they’ve been threatening to sue for 4 months now.

    If they run a legitimate business they wouldn’t of made up so many usernames, the whole convo is hard to follow because of all the spam thats been removed. I don’t think their not “scammy” a lot of people claimed them to be a scam. They should be more worried about providng real service then what a few people on a forum have to say. Last time I checked you can complain about a business.

  2. recessionisnotfun says:

    You have said you have lawyers for sc correct? Nows a time to use them.

  3. Sally says:

    Why recession? Why would you pay a lawyer to look into things when a company is just “threatening” if it becomes legal then you pay your lawyers…..

  4. recessionisnotfun says:

    I’m saying use them if they take him to court. I don’t know what the difference is between slander or ppl voicing their opionions. One has rights to voice their complaints or unhappiness regarding something, but don’t know what the boundaries are between that and slander. I’m guessing that is what they are implying? If he talked to his lawyer, he would then know if he could get into trouble is what I’m saying.

  5. rc says:

    oh please. let them make threats. what a joke.

    thank god for public forums, and first-person reviews and experiences

  6. recessionisnotfun says:

    Also, why is my comment waiting for moderation???

  7. Joe says:

    I’m no lawyer, but based on what Boo posted, there are no legal grounds for ordering the thread to be deleted.

    The company president is making it sound like you cannot post their paperwork (on their letterhead) online – but that isn’t true. Lots of people scan their receipts from other retailers to share the deal on the forum; unless the customers signed a waiver, it is perfectly legal to upload any contract and share it online.

    Or maybe the company president is suggesting the posters changed the paperwork before posting it online, in order to make Durham Air look disreputable. If that is the case, then fault lies in the posters and not the forum. SmartCanucks is not legally responsible to go through every single post, and then calling Durham Air to hear their side of the story on each post, and then try to guess who is telling the truth.

    Durham Air should be allowed to defend themselves in the thread (IMO), but unless someone is accusing them of a crime (which is not the same as a scam or unethical), then no laws have been broken. “A waste of money” isn’t libel; “tried to sell me drugs” is.

    Think about it – far worse things have been said online about DirectBuy than Durham Air, and they are a much bigger company than Durham Air, yet all the posts (google DirectBuy scam) are all still there.

  8. Angie says:

    Smart move ,Boo this is gonna put the last nail into the coffin .hahaha 🙂

  9. Annatree says:

    I wouldn’t remove it. I read the 1st post where the writer clearly said might be and when on to tell her story. If this is the case for a lawsuit Zellers and SDM should be at my door any day now.

  10. Richie says:

    From what I understand:

    – In Canada, you must PROVE what you say to be true if you are defaming/slandering someone else. (Opinions would probably be loosely categorized under here)

    – Proof WAS given in the form of a contract, samples, and voice recordings, so you’re in the clear for that.

    – No confidentiality clause or non-disclosure clause was included in the contract. As such, it SHOULD be acceptable for public distribution within a reasonable degree. (Regarding what that clause is, see this link: http://www.lawdepot.com/contracts/confidentiality-agreement/index.aspx)

    – It is also LEGAL to record a phone conversation as long as one of hte people actively involved is aware (I.e. It’s only illegal if a suspicious spouse is recording your conversation without anyone else know). Just consult a lawyer before you decide to use a phone conversation as evidence in a court of law. (You can get more information here: http://answers.google.com/answers/threadview?id=320423)

    – Lastly, the evidence in question refers to a company named “Green Homes”. The party that is trying to sue you is “Durham Clean Air”. These two names are not the same, and as such they should not be able to sue you for potential defamation of another party. (This is merely a heuristic thought on my part as I doubt my parents can sue someone for having done something against me, provided that I am a legal, competent person. Allowing so would not make sense.)

    Best of luck Boo 🙂

  11. Pandora says:

    Are we as consumers not allowed to share our experiences and opinions? I personally love finding out what others have dealt with in regards to companies. The truth is in how they deal with their customers. I have not read the thread as it does not pertain to me, but was not under the impression that opinions of site users were now admissible in court proceedings against the site owners. Many companies have lost in court over blog posts regarding actual experiences, it is not slanderous to advise of real issues. If so Bell would have a list long enough to reach the moon and back (probably plus some) of former and current customers complaining about them on the internet. As for the “scam” part, I am not sure as to what the legal definition would be.

  12. Bill says:

    I read half the pages somewhat randomly. Seems like a legitimate expression of people’s thoughts and opinions on a service operating in their community. I see no reason to be worried.

    Yes, they are threatening. A truly legitimate business would not take this approach unless there was something personal in it (for example Mr. Owner was convicted of fraud [but he really wasn’t]) or something along those lines.

    Do you log IP addresses when people register? If it seems like people are registering from the same IP, and posting positive reviews, then I think you have nothing to worry about! that’s strong evidence that would back other people’s opinion that something is fishy.

    Saying what happened to you and saying you are suspicious are not actionable items if they are genuinely believed. But I am not a lawyer. Its called free expression.

    Post the company’s “threats” and let people decide for themselves.

    Curious how the petri dish test “proves” anything at all. Of course something will grow if you let it – even “clean” air is full of stuff. That’s how you make vinegar or sourdough bread after all! The whole idea stinks to high heaven, in my humble opinion.

  13. bhlombardy says:

    Nothing would be a good disclaimer on the SC site that says that “The opinions expressed by forum posts are those of the member(s) who posted them… and not the views of SmartCanucks, it’s operators, moderators,” etc etc…

  14. ElleLadySadie says:

    Everyone has a RIGHT to express their own personal opinions about companies they have had dealings with. Sounds to me like several people have had some fairly negative experiences with them and have freely provided their feedback/reviews to others. They are just being cry babies because people have caught on that they are scammers. The Jig is Up. Let them cry themselves right out of business. The only crime here are those scammers at DURHAM REGION AIR QUALITY TESTING.

  15. Wilson says:

    It isn’t illegal for people to voice their opinions about a public company. If the information was stolen from the company and posted on your website, you may have a problem. If it was a former employee who posted the information, they could be sued.

    Ignore the threats, the fact that they are threatening you instead of trying to make things right with their unhappy customers shows that they don’t really know how to run a business… if it is indeed a legitimate one.

  16. CECE says:

    I’m studying law although nowhere close to being a lawyer. I don’t see anything there that a judge would consider illegal. You can sue people for anything but its the winning part that matters :). Leave the thread alone. Better yet, ask them what law you are breaking and then you will take it down if you feel as though you broke it. Opinions are opinions. Just the fact that the title said “(maybe)” is legit enough.

  17. Cindy says:

    I’d just like to add that if the president was really serious about suing, they would issue a cease and desist letter or a formal request drafted by their legal counsel to you in order to ask for the thread to be deleted. The manner in which this president is going about this is completely unprofessional and informal, which makes me believe they are just trying to scare you.

    They need to put their money where their mouth is and pay a lawyer to draw up something legal here in my opinion (but then again, I’m not a lawyer!)

  18. Allison says:

    Yeah, I have to agree with Cindy on this one. Their tone isn’t professional at all and it sounds like something they just threw together to scare you. I would leave it up until they send something that sounds like it might be serious.

  19. Gnorman says:

    Well, I’m no lawyer, but I would say that canvassing a coupon website will probably not yield the best possible legal advice.

  20. jenj77 says:

    i just have to say that I have been reading that thread for an hour now, knowing nothing about it before and it was quite entertaining lol!
    Legal action? I’ll believe it when I see it 😉

  21. Boo Radley says:

    I didn’t ask my lawyer because it costs money to take up a lawyer’s time lol. But maybe I should do that to be safe. Thanks for the advice though guys. I feel a bit more comfortable now about this.
    Worst case I might delete the paper work with her company logo etc. but leave the reviews which I think is fair enough

  22. Stephania says:

    Call them on their bluff! It’ll cost them money to call their lawyer too, so I’m thinking that it’s just an empty threat.

    I don’t have any legal experience, but I watch a lot of JUDGE JUDY! 😉 If the company is just referring to honest, yet bad reviews it is NOT slander. Unless the reviews provided are fake in any way and who’d write bad reviews of their own company?

    So I don’t believe they have a legal leg to stand on! GOOD LUCK, Boo!

  23. NightStar says:

    I didn’t read the thread because like a previous poster said, it doesn’t concern me. Regardless though in this day and age where reviews are posted online, there is nothing wrong with it.

    Back in the day people swapped stories around the water cooler, if you needed a handy man you got the recommendations from your neighbours (or you stayed away from them because of what your neighbour said) Now you can go to Canadian Tire’s website, look up a Coleman Tent and read the reviews. You think Colemen is writing Canadian Tire demanding that the reviews stop because their product is shady? No. You reap what you soe.

    If you make a great product, word spreads and your sales go up. If your product (or customer relations etc etc) is of poor quality be prepared that word will spread. Bad reputation spreads faster than a good one.

    I may tell a few friends that the people at Chapters were polite to me but I will tell EVERYONE I know if company **** was rude, had a product that was below standards or anything else to save someone the aggravation

  24. jubsies says:

    Hey Boo, I am not a laywer but I did study law, I am a paralegal. There is not case for slander here, first off. You only own a site that allows the general public to post review / comments on companies or our experience (that falls under freedom of speach).

    If you were the Original poster and continued to slander them, then you would have a problem. However, thanks to being in CANADA, our government RARELY issues cash rewards in these types of lawsuit. Therefor, the most they would do is get an injunction to have you remove the post’s.

    NOW MY PERSONAL OPINION. They are just talking out of their butts. They are THREATNING lawsuit because you have a popular site and they can not fraud as many ppl as they wanted to. 🙂 good for you for protecting the end consumer. I can tell you, this is more then likely an EMPTY THREAT. I would sit on it an wait to see what happens.

    If they begin a lawsuit, then see your lawyers. BUT they are not gonna get far. That means they would have to sue ALL individuals who write a bad experience. If they want a good rep THEN STEP UP and be part of a GOOD reputable company, and treat your customers right.

    HOPE IT HELPS.. GOODLUCK BOO

  25. Insane says:

    I think that’s a very reasonable approach Boo.

  26. Robin says:

    I had something similar at one of my site and I did nothing.

    There where a lot of treathes of lawyers and courts.
    But they left comments on my site as different persons (same ip address) si I decided to see what happend if if I had to I could prove that they them selves made fake stories (witch I did not publishe but kept)

    I would wait and see, I would expect if a lawyer contacts you there is still time to remove it.

    (my experience are not with this company)

  27. fred233 says:

    My niece is a lawyer and I showed him this. He absolutely said that there is nothing wrong and this matter is not sue-able. Then he told me all these legal terms that I didn’t really understand.

  28. SweetDeals says:

    I’m the original poster and while I strongly feel that people should have the right to post opinions and alerts about questionable companies, I recognize that the intent behind SmartCanucks is to help people save $ — not consumer advocacy. That being said, I think talking to your lawyer makes sense, if for no other reason than it may help with similar situations in the future. And if your lawyer suggests removing the thread, you’ll have my full (albeit begrudging) support.

  29. EdmMikey says:

    Bottom line is if they had legal grounds their lawyers would have contacted you and not the CEO.

  30. Janetta says:

    I’ve been advised by a lawyer that defamation in Canada, whether it be liable or slander are some of the most hard to sue for cases.

    Add the fact that the company trying to sue is called “Durham Clean Air” and the evidence they are referring to is under the name “Green Homes”..well good luck to them.

    I guess they don’t realize how much it really costs to go through with a law suit. Not to mention the time it takes..
    This is a case that Durham Clean Air/Green Homes can pursue, but will not win.

    I think that they’re just angry and defensive because the good people of the GTA are warning others with their experiences and opinions. I think that this company defiantly dealt with this situation in the wrong way and knowing that they’ve sent a threatening letter like this just concludes my opinion about them!

    Thank’s Durham Clean Air/Green Homes! I will keep an eye out for you, avoid you and tell my friends/family about you. Why? Because *you* proved to me that you’re a horrible company to deal with.

  31. Nucleii says:

    It is free for up to 30 minutes to speak with a lawyer. I was told that by someone who needed legal advice. Also Boo, I really think you should, at least speak with your lawyer once, to get a general legal advise about this, as this is not the first time someone threatened you more or less about the same thing. This way, you would know how to handle it more better than always posting something like this all the time when someone wants legal actions against this site. You can always put up a disclaimer so they the site itself will not be responsible for the posts and such to protect yourself and the site. I mean this in the most concerning way because this is not the first time I see this and it is disheartening that posters get threats by just posting their opinions

  32. recessionisnotfun says:

    That’s what I was trying to say lol.

  33. Coconut says:

    Firstly, as I ask myself in all situations where companies and/or individuals freak out about negative reviews, why get so mad if you have nothing to hide? If you’re a good company surely positive reviews will outweigh the negative… And if you fear they won’t then clearly you know that you are not doing something right. This is simple psychology IMO.

    Secondly, these are nothing more than scare tactics. You’re under no legal obligation to remove the thread. Don’t worry about it.

    As with all cases like this, the only thing this has really done is bring them even more negative attention. Not only does the thread show up in a Google search but now this post does. Haha. Funny isn’t it? How people end up causing the very thing they’re trying to stop. They now have themselves to thank for even more bad publicity. 🙂

  34. FallenPixels says:

    I would remove their documents / voice recordings, people’s opinions are one thing but sharing a company’s logo (on the docs) or voice recordings you didn’t say were being taken are another

    The whole thread is a bit strange anyway, most of the posters, positive and negative who say they dealt with them only have posts in that thread and their BBB record doesnt seem to show the level of complaints we have (yes I know how useless the BBB can be but I also know how happy customers are to call them and have dealt with several complaints through them at work over the years – like the one who called because ~shock~ he was quoted $700 and was charged tax – the tax it mentions at the bottom of the quote)

  35. cds says:

    I think you’re fine to keep it. I’ve seen legal action taken against websites where people post comments, but the website owner was never (and could never be) charged because it was not the website owner who posted the original comments.

    Take a look at websites like ratemydoctors; ratemyteachers where patients / students / parents go and write personal things about others for the world to see. These have been around for nearly 8-10 years now and have grown to be more common. I’m sure doctors and teachers don’t like this either where the world can go write whatever they want about the person, but there’s little to nothing they can do about it. Most of the time, anyone can moderate those sites, so the comments that are allowed can be quite terrible. It’s a fact of life these days, personal formus for people to voice their opinions are there to get the truth out, and if used properly, to let the person know what others think so they can improve.

    If this company doesn’t like it, they need to fix their own company and deal with customers honestly.

    That’s my 2 cents. Keep it up, we need to continue to educated people because scammers prey on the innocent and likely on our seniors.

  36. melissa says:

    I think its great that people are able to levae there comments because without doing so some people may get themselves into the same situation as someone else but can all be avoided based on experience. I think if a company has that many people complaining, I think they should look at the company!

  37. Jeff says:

    From what I can see this forum is a post of a possible or alleged scam. The posts are from either word of mouth or people who have had experience dealing with this company. The blog is simply a mode of sharing these experiences. Your legal risk seems low, this forum does not seem to be much different than providing a bad restaurant rating on a food review site. The owness would be on the company to provide you are promoting libel, to do that they would have to prove that the comments are clearly false, this is a difficult task.

    The reason for their actions is because if you google their name your review comes up first. I imagine that many who consider the company are searching the net to find out more.

    My suggestion is to leave the post, this company is using legal scare tactics to bully you into compliance. Just look at the words they use : “very powerful legal action” C’mon, any lawyer with two cents worth of common sense would just use the words legal action.

    If you bow to these mindless threats because someone’s company got a bad rating than you may as well close the site. Smart Canucks is a popular site, because of the information shared among the users. People come here to find out more about companies, read reviews and get coupons, if you bow to these pressures this will certainly impact your audience.

    My advice keep the post posted.

  38. Jeff says:

    One last comment….

    Have you checked this Twitter feed
    http://twitter.com/#!/Durhamcleanair

    It seems that this tweeter doesn’t have much of an issue accusing others of scams. In anticipation that the company is likely reading these posts and I expect will likely delete the account I took the liberty of screen capturing it, let me know if you would like it.

    The word you are looking for is hypocrite!

  39. Diesel69 says:

    Its called FREEDOM OF SPEECH—we have the right to say or complain about—-Plus this is a scam just like the water people that came to your door , a little trick of your water turns colors( naturally) but the sales guy said otherwise and then sold stupid people a pump for thousands of dollars—SCAM—Check out CBC Market place—They did a report of this last year and now the company is closed and being sued….SAME THING —SCAM,SCAM,SCAM…
    They come to your home and try to convince you that your air is not pure—of course it isn’t–with all the pollution and microbes–but it is Healthy for you—Not healthy is to spend thousands to use a machine that removes the good from your air—Ask them for their scientific proof and i can guarantee that its all made up crap…

    MAJOR SCAM ALERT……

  40. Charly13 says:

    I recently had to have an air quality test done due to massive water damage that was hidden. It wasn’t cheap, all samples were properly tagged and I received a 15 page report back with the laboratory information when it was complete and surprise surprise I had mold. At least they were kind enough to tell me every home has mold, there’s no way around it and it wouldn’t harm us.

    Leave the info up so others may find it and not get scammed. If it was going to be a real legal matter you’d receive a letter from legal council.

  41. Oxana says:

    Freedom of speech and opinion expression is legal. You site is just a virtual place where people exercise their legal right to talk and to express opinions. Companies like that must provide good service and if they do so, people will become their customers regardless of what they hear. Ripoffreport has been threatened to be sued too..they are still out there and thriving. Do not worry. Tell them to go ahead!

  42. Sue says:

    Thank you for an enjoyable morning read 🙂 Now, to get back to work. (BTW I think my workplace needs one of those air filters because I have a head cold and I wouldn’t have caught it if the air was being filtered. *giggle*

  43. lokindra says:

    Many other websites include a standard disclaimer – stating that “the opinions provided in the forum are not necessarily the opinions of…”

    If you’ve ever watched Holmes on Homes or Holmes Inspection, you’ll notice that they broadcast a similar disclaimer before those programs.

  44. Moi says:

    Free Speech.
    F-them………they probably do NOT have lawyers OR lawyers that would stick with their company and its lame-ass doings

    Your site is a CONSUMER one……not someone who just made up a blog to get back at someone. They have NO CASE.

    Tell them to take a look at this site: RIP OFF REPORT
    and perhaps type in THEIR name there. I am sure more dirt on them will come up….

    SORRY this has happened to you
    You don’t deserve this
    WE LOVE YOUR SITE:):)

  45. rachel says:

    Jeff, I notice their website that they give on their twitter page (http://www.durhamcleanair.com) has been taken down…sketchy! You can’t find anything on them if you google them either. I wouldn’t let these people into my house…

    Also, having worked in a microbio lab for my Master’s, I can tell you that if you open a petri dish in any slightly non-sterile environment it’s going to grow mould/bacteria…growing cells WITHOUT contaminating bacteria/fungus in a sterile lab environment was the bane of my existence for two years. So yeah, I wouldn’t worry too much, SweetDeals (or anyone else who has done this ridiculous experiment)!

  46. Mamana says:

    Call the Law Society of Upper Canada. They have a lawyer referral service. You tell them your problem, they give you a reference number and a name of a lawyer who specialized in that particular part of law. Wtih this reference number, you get to speak to a lawyer for 30 minutes – all for free. Good luck.

  47. Melody says:

    Last I checked we live in Canada and have freedom of speech. Consumers have the right to share their expirience with others. I depend on reviews for many of my purcheses. Keep up the GREAT work SC!!!

  48. screamy says:

    I wouldn’t worry about it Boo. I just read through the thread (although a number of posts appear to have been removed, it was still entertaining!) and didn’t see anything there that would cause you any serious legal concerns. What we *would* be interesting would be to call W5 about them…they’ve done investigations about this sort of nonsense before.

    If you’re concerned, by all means, call your lawyers, but the ultimate defence against accusations of slander or libel is the truth – and my guess is that they don’t really want their day in court, under oath and cross-examination. 😉

    As an aside, at least in Ontario, anyone who had really serious medical breathing-related problems would normally qualify under the Assistive Devices Program for equipment that would help “clean” the air, if there was a legitimate need for it. If their devices helped that much, they’d be prescribed by MDs and underwritten by OHIP via the ADP, because they would help keep people out of ERs and long-term care….and heaven knows we can use any wait-time reductions we can get!

  49. L6941 says:

    Durham Air Cleaner is just backpedalling. This reminds me of Officer Bubbles last year who wanted to sue YouTube and the people who posted comments about him.

    Scandalum magnatum? I think not. Go SmartCanucks!

  50. Theresa says:

    Though it is getting harder to tell, I think we still live in a democracy. You can voice an opinion. I think they would be hard pressed to sue due to customer complaints. Maybe they should focus their money on improving the business so people don’t have to complain.

  51. Theresa says:

    Fred233….your niece is a man? Very interesting 🙂

  52. Eeyah says:

    Leave it up. Some hot head trying to bully you into doing what he wants. As others have said IF it was legit then his lawyer would have been the one contacting you. I chalk it up to a man who has poor business practice and even worse customer relations, and is trying to save face. Keep the thread up.

  53. TallNFunny says:

    Boo, don’t let companies bully you into changing your aim of protecting the public and saving people money in the long run. Power to the people!

  54. emily says:

    I think you should remove the thread. They probably want to scare you but if you don’t want to enter in a law suit just remove everything. They should work on their company and customer satisfaction instead of attacking your website / forum. They’re stupid.

  55. lecale says:

    Ten years ago I hired a lawyer to write and send a one-page “threatening letter”. It cost me $400 back then to do so (plus GST). Talk, on the other hand, is cheap. This thread: priceless.

  56. silverlining says:

    I am a practising lawyer; I cannot give you legal advice but I can say that there is no reason to be concerned. No action necessary on your part. After all, it is a public forum and if they are concerned with their public image, they are free to offer their side of each negative account.

  57. Caseyscoupons says:

    just throw up a disclaimer stating that SmartCanucks may not share the opinions of individual users, and is not liable for posts or comments made by others on forums. Problem solved.

  58. Cathy says:

    I dunno Boo, these posts you put up asking people’s advise on your site issues are becoming tiresome. You’re asking people that use your site to do your legwork for you. Perhaps you should get a lawyer and pay the one time legal fee to find out FOR SURE what your rights are? You had a post up about 6 months ago asking people their opinions on a similar threat. These are clearly YOUR legal issues and if you are unsure of what you can and cannot do. GO FIND OUT!

    I just want to come here for coupons and deal info. I realize it sounds callous, but I don’t really want to read your posts about your legal issues.

  59. Moll says:

    They are threatening you hoping you would get scared and remove the thread so people cannot be warned. This is a scammy company that targets weak people that don’t have experience with this kind of stuff. They know that if people know how shady their business is, they will not be signing up. They are basically stealing from people, and its no different from other scams on Craigslist and such. They cannot do anything to you, unless they will hire and pay expensive lawyer, which they are not going to do, so don’t take the post down. And I am glad that you posted about this ! Also, people talk about all kind of business, including the legitimate ones. Has anyone came to you with a similar threat, or have they instead looked into the complaints to see what they can improve to make their customers more satisfied?

  60. J says:

    Cathy, it was a simple question that has obviously generated a lot of answers. If you don’t feel it has a place here then simply do not read the post nor do you really need to post a comment telling Boo how to run his own site. Can’t we have at least one thread where everyone has something positive to say?… Guess not.

  61. escher7 says:

    My guess is that the threats to sue are without merit. As long as the opinions expressed are the poster’s personal experience and represent fair comment no suit would succeed. I note that they are “seriously considering” suing. This is legal speak for “I am not going to sue you, but I am trying to scare you with the threat of a lawsuit”. If the posts are fair and based on personal experience there is no problem. Anything that comes right out and says “these people are crooks” is crossing the line unless it can be proven true. It is defamatory to publicly accuse someone of a crime if it is not true.

    You will also notice the words “very powerful legal action”. What is powerful legal action? They either sue or they don’t. This is amateur wording which did not come from their lawyers.

    Finally, I Googled the company’s products and noticed a RespirAide 200T for sale at $600.00. The seller says they paid $2,700.00! It would be a frosty day in Hell before I would pay that kind of money for any free standing air cleaner. Another estate sale claimed the original price on the 200T was “over $3500”, even worse. I was not able to find a retail site.There doesn’t seem to be any priceing on the RespirAide site – another red flag.

    Bottom line: Any air cleaner priced at $3,500 is not likely worth it. Consumer sites show prices of the very best rated cleaners at $895. Others are considerably less. I can’t say if they are crooks, but it is clear they sell to the poorly informed and vulnerable – there is no way informed consumers would buy their product.

    I would not discontinue the forum. It seems to contain valid warnings to the consumer. If you are cautious, remove those posts that outright call them crooks without supporting evidence. You will know the company is serious if and when they file a suit. Then you can consider whether to defend or discontinue. I doubt very much that any lawyer would advise them to sue.

  62. escher7 says:

    Follow-up. I noticed the post from Silverlining. He is a “practising” lawyer – maybe if he practices long enough he’ll get it right! (Just kidding.) His post is accurate.

  63. Fedup says:

    I agree with Cathy, if he wants legal advice, a blog on a couponing site is not the best place to ask. You get what you pay for usually. This is a couponing site, not an ask the lawyer site. Most people don’t give a damn about what is happening in the background of a formum site, they just want to participate in the activit the forum was meant for. Perhaps he should change is name from Boo to Boo Hoo.

  64. nisiepie says:

    again???

    you have had quite a few companies threaten you with lawsuits over the years. get used to it.

    each time you publicly post about on the blog hoping to get ppl to feel sorry for you, and publicly embarrass the company who is coming after you.

    you are obviously making money from Smart Canucks, use some of that money to hire a lawyer and stop using the blog to manipulate people.

    you are not a victim. you are someone who uses the site to make money and then tries to hide and ignore any real issues. as long as it’s rolling in, who cares, right?

    go deal with your legal issues like a grown boy.

  65. Cathy says:

    yeah J, because asking legal advice and commenting about being sued is a positive thing? This isn’t a positive thread. Unless you mean it’s supposed to be a “poor boo, let me help you out so you don’t actually have to do anything” thread? This is certainly that kind of thread.

    Again, keep to coupons and deals. No one really needs to know about behind the scenes issues. I’d be happier if there was a request to send more deals and coupons instead.

    But legal advice? No.

    No comment Boo? Yeah…

  66. anisa says:

    i apologize for leaving the above comment as ‘nisiepie’
    i actually meant to use my name.
    don’t want anyone to think i’m hiding behind a pseudo.
    doh!

  67. Watcher says:

    You are making money from this website, so hire a lawyer already! Why would you take legal advice from randoms posting on your website?

    I come here to read the deals and shopping tips, not to give legal advice. Hire a lawyer.

  68. supermandy says:

    If you don’t want to read these posts – skip them – or don’t come to the site anymore. I dont get the complaining. But overall I think the back and forth banter is so funny – hence why I always read these posts that have tons of comments…

  69. Anon says:

    If posting reviews and pictures as proof is illegal, how does the website TripAdvisor work? It has reviews, negative and positive, of hotels around the world with pictures of anything, rats, bedbugs, you name it. How does any review site work, really? You definitely aren’t doing anything wrong.

  70. Charlie says:

    Nobody cares what you have to say anyways Anisa, youre just a miserable and nasty piece of work.

  71. anisa says:

    Charlie, i know you actually love me. stop being so silly! *giggle*

    ;D

  72. Fedup says:

    Charlie, sounds like you’re just a miserable prick yourself.

  73. Angie says:

    Is there any way you can change the title of the thread to “Clean Air Review” and remove the “Scam Alert” part? No one can charge you or anyone else for giving a review or experience with a company or service.

  74. Angie says:

    Also, Boo (cute name) please feel free to ask any questions. This is your site. I seen someone say that these types of post are tiresome. All they need to do is delete it and move on, and they certainly dont need to waste more of their precious time writing nasty comments if its not helpful. This site offers a great service, and you do a lot for a lot of people, so dont be leery on asking us for help or ideas. If the shoe was on the other foot, and they had actually been saved from spending their hard earned money of a service like this by you, it would be a different story. People only seem to think about themselves these days! So once again, if you find it “tiresome”, theres a little button on your mouse, you just move the little arrow up the the delete button on the email or feed and click “delete”. Takes like 2 seconds. What really confuses me is if you find these annoying, why do you read them all the way through, and then keep commenting on them.

    Boo, keep up the good work.

  75. Fedup says:

    Angie, everyone has a right to their opinion, good or bad. Deleting them is called censoring.

  76. sam says:

    dont worry he/she cant sue u.. it is not easy.

    if u would have used thier info in a lets say a movie, or advertisement without thier permission, then yes they would have a great reason to sue u. but if this website is just for sharing ideas or the whole purpose was for people to share their bad/good experiences then u shouldnt worry…

  77. Charlie says:

    Well it gets a little annoying when all someone does is put down the site and complain. They are free to leave.

  78. Mark X says:

    Wow that just worsens their reputation. It is like they have something to hide. What ever happened to freedom of speech? Apparently it is slanderous to expose companies that are not on the ‘up and up’.. Whatever happened to consumer protection? The people have a right to know!

  79. Scout says:

    Boo is a cute name, a mockingbird once told me so. 🙂

  80. Andrew says:

    i dont know if it is a scam but the test is missleading. You can get air cleaners at homedepo and othe big box stores alot cheaper. If you feel you need one.


















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