Police
Blotter: Dark side of 'reputation defending' service
What:
A company claiming to remove defamatory comments about clients from the Internet
is found liable for defamation and making death threats.
When:
Arizona federal judge rules on June 21.
Outcome:
Preliminary injunction granted against DefamationAction.com and ComplaintRemover.com.
What
happened, according to court documents:
Companies
like DefendMyName.com have recently been treated to a flurry of positive news
articles describing how they help paying clients remove embarrassing information
from the Internet. The Wall Street Journal refers to "success stories of
customers who have buried snippy blog comments" and an ensuing Slashdot thread
was titled "companies that clean up bad online reputations."
A
court ruling last week, however, revealed the dark side of how some of these companies
work.
Arizona
resident Ed Magedson is the manager of Xcentric Ventures, which operates RipOffReport.com,
a clearinghouse where disgruntled customers can post freely about how much they
hate a company, its products, or the people who work for it.
As
you might imagine, RipOffReport has become something of a magnet not only for
frustrated consumers, but also the reputation-defending services that can charge
up to a few hundred dollars a year to try to clean up someone's name (or business
name) online.
Magedson
said, and a judge eventually agreed, that William Stanley (behind DefamationAction.com
and ComplaintRemover.com) sent him a series of threats demanding that uncomplimentary
information be deleted from RipOffReport. An example: "This letter is being
sent to you in the name of more than 500 businesses. No matter where you go, we
will cause you a problem. Your life is in danger until you comply with our demands.
This is your last warning."
Stanley
also made statements that, unless true, would be libelous including calling RipOffReport's
Magedson: "one of the most notorious and prolific extortionists on the Internet
today," a "scumbag," a "fugitive," a "wanted criminal...with
a track record of fraudulent activity," a "con man," a "career
criminal," and an individual who engages in "blackmail schemes."
Stanley appears on the Register of Known Spam Operations.
Also,
Stanley is alleged to have targeted Xcentric's business partners, including Prolexic,
which provides Internet security services, saying it would be sued and harassed
unless it ceased doing business with Xcentric. The marketing firm Professional
Media Group, used by Xcentric, was also drawn in, and the site PGMIsucks.com created.
Some business partners terminated their relationships with Xcentric as a result.
RipOffReport's
Magedson replied by saying he had hired the law firm of Jaburg & Wilk and
was going to file a lawsuit. In response, Stanley created the Web site JaburgWilkSucks.com
that calls the firm "Internet extortionists."
On
May 11, U.S. District Judge Neil Wake in Arizona granted a restraining order against
Stanley, prohibiting him from sending threats and harassing Xcentric's business
partners. The restraining order also applied to the other defendants, Robert Russo
(behind DefendMyName.com), the Defamation Action League, and the Internet Defamation
League.
It
didn't seem to make much of a difference. In a ruling on June 21, Wake said that
"Stanley violated the temporary restraining order by knowingly sending spam
e-mails that falsely disparaged...Jaburg & Wilk." Wake also noted that
the site JaburgWilkSucks.com was created after the initial restraining order was
granted.
In
an ironic twist for Stanley's company, which purports to remove libelous statements
from the Internet, Wake ruled: "Stanley committed the tort of libel by publishing
online false statements that the attorneys at Jaburg & Wilk are 'partners
in slime' and that Speth is an 'unethical attorney,' an 'Internet extortionist,'
and a "partner in the ripoff report extortion scam.' The statements were
published in at least reckless disregard of their falsity."
For
good measure, Wake also ruled that Stanley sent unlawful threats to Magedson,
unlawfully interfered with Xcentric's business relationships, invaded Magedson's
privacy rights by placing him in a false light, and committed copyright infringement
as well.
Excerpts
from what Wake ruled was an illegally threatening e-mail message from Stanley
in February 2007:
This
letter is being sent to you in the name of more than 500 businesses. No matter
where you go, we will cause you a problem. Your life is in danger until you comply
with our demands. This is your last warning.
Your
neighbors already know about your criminal dealings and how you are making many
people loose (sic) their business. You will soon be beaten to a pulp and pounced
into the ground six feet under with a baseball bat and sleg (sic) hammer. You
will soon be sorry not just from what I am capable of doing to you, but what other
members will do as soon as they know exactly where you are. Its (sic) just a matter
of time until I get to you.
Here
is what you can do to save your life. But you must act imidiatly (sic). Make what
ever deal it takes, you must comply.
You
have the previous list of companies that you need to remove from Rip-off Report.
We know you hold the power. We know you have that list.
You
were provided an additional list several hours ago. It's too late for anything
that we discussed today. No more deal. No more playing Mr. Nice Guy. Now you must
delete any of our members from your data base who have reports listed on any search
engine.
If
not, BVA will drop you with in 24 hours. We will make thier (sic) life misrable
(sic) like we have with Prolexic and gigenet. They don't like you either. We now
know who your host is and the IP address to your servers.
Those
you do business with will be in danger and will be continusily (sic) be harassed
till they stop doing business with you. We are contacting your advertisers.
We
will continue to spam you making it impossible for you to read your mail.
Excerpts
from a second threatening message sent the same day:
We
warned you ed magedson. Did you hear the gun shots last night? Because of you
innocent people will die. Your tenants, family members and those that work with
you. Think we're joking? I told you that your site will be down and it is. That
is all we want and we will not hurt anyone.
If
ripoff report moves again to new hosting facilities you will not like what we
will do next. Your home will burn. Those around you will burn. Do not expect any
help from the police.
Once
you have completed with our first list we demand you remove we will give you another
list on Saturday and every Saturday from this day forward and you will have 6
hours to do the same from the time we give you that list on each and every Saturday.
If the Links work after the 6 there will be a man hunt for you.
We
know where you shop. We know where you bank. Greenfield and Broadway, Greenfield
and Main. Are we getting closer ED? What about Basha's at Higley and Brown?