Legal Files: Automaxx / Varsity Chrysler threatens to sue beyond.ca

[rage2]

Here we go again. As with our policy from last year (which worked quite well, we haven't been threatened for a while now), we post up every legal threat against our forums. This is the latest one.

Sir, My Name is Gord Moors and I am the owner of Automaxx Automotive Sales Ltd and Varsity Chrysler in Calgary. Your forum has and is being used for personal attacks and to motivate physical violent action against one of my managers, Chris Thin.

My IT people have made numerous attempts to try and resolve this situation with your “company?” to no avail. I have forwarded the entire blog to my Lawyers (Thornborough Smeltz & Co.).

Be advised I will protect my employee and my company from threats and slander without regard to time or cost. I will hold Beyond.ca accountable to the letter of the law as it now applies to this relatively new communication methodology.

Gord Moors

Our response:

Hi Gord.

As you are probably aware, there are over 2.8 million posts on beyond, and the moderation team can not and does not read every post on the forums, nor can we authenticate the accuracy of every post. The content of each post lies with the users that write them, as clearly stated in our Terms of Use. We do not remove threads or posts because someone simply asks us to, this has been and always will be our style of moderation to allow our users a right to express their opinion, good or bad, even for sponsors of our site. We usually get requests after a reply like this to release information of users posting unfavorable opinions of you and/or your business, so I would like to inform you in advance that unless we are required to by a court order, such information will not be disclosed, again, as stated in our Terms of Use.

To be honest, I’m not even sure what posts or thread you’re talking about. This is the first time I’ve heard of this, so I don’t know who your IT people were talking to. In anycase, if you have specific posts that you feel are untrue, feel free to forward them to me and I will inform the user in question to modify or delete their post (each user has such a right). I personally recommend you use our Private Message system to communicate with the users directly, as it’s much faster than to have us perform the task.

If you still wish to proceed through a legal path (honestly, we get about 10 of these a year and you’ll be just wasting your money), you can forward your claim to our legal counsel for such matters.

As our new policy to reduce the amount of work that goes through our lawyers, we will be posting your email as well as our response on the forums. We feel that public exposure to these kinds of situations greatly reduces the frivilous threats that come our way. You can read it here:

http://forums.beyond.ca/st/256991/le...sue-beyond-ca/

Thanks.

Just like the last one, a quick warning to those that have posted about Automaxx, Varsity Chrysler or Chris Thin. If what you posted is the truth or opinion, there is nothing they can do legally to beyond.ca or to you. Hell, we even get money back when we counter sue for wasting our time.

If, however, what you posted is not the truth, then they can have a court order to have us remove the post, release your information, and they can sue you directly.

[Meback]

in!!

[TKRIS]

Yes! Here it comes.....

You litigious little pricks are about to get fucked. Hard.

[Eleanor]

I'm guessing this is what they're talking about:

http://forums.beyond.ca/st/172549/wa...omaxx-calgary/

At least they didn't threaten a class action lawsuit

[al-ti2d]

well at least this is better than gallery's "class action lawsuit" lol

edit: damn, the poster above me beat me to it

[Tik-Tok]

Originally posted by rage2
delete their post (each user has such a right)

Liar... you took away our privilege to completely delete posts.

[rage2]

Originally posted by Tik-Tok
Liar... you took away our privilege to completely delete posts.

You can easily edit out the whole post to "deleted".

I'm glad I have enough money to fight this stupid shit. I feel sorry for the other forums out there that get told what to do when lawyers, threats and lawsuits gets involved. I guess that means I'm not n****r rich.

[A790]

They're suing beyond.ca now over a thread made in 2007? There has to be more to this story.

Either way, Automaxxx is now on my list of dealerships to avoid due to their ridiculous approach to handling this "problem".

Oh, and Automaxxx, PM me at any time for my name, address, and contact information. Feel free to sue me while you're at it

[Eleanor]

^ It was bumped this year.

[spikerS]

Originally posted by Tik-Tok


Liar... you took away our privilege to completely delete posts.

he has got you there Rage lol

But honestly, IN MY OPINION, automaxx is a shady ass place that I have heard reports of selling un-roadworthy vehicles and not stand behind them, even when it is public knowledge that Varsity Chrysler is owned by the same guy. Makes me happy that i decided not to buy my Ram or Jeep there.

IN MY OPINION, the ads i have seen in the sun and other forms of communication, Automaxx and Chris Thin both come off as shady and desperate.

just in case they were too stupid to notice, THIS IS MY OPINION!

[schocker]

As if all beyond members didnt have reason enough to avoid these two dealerships before, it gets better yet again
Good work rage

[benyl]

How silly.

What this will do is push that thread to the top of the google search for Automaxx and Varsity Chrysler

Automaxx

[VWEvo]

Do we know what thread they are talking about anyways??

[A790]

Originally posted by benyl
How silly.

What this will do is push that thread to the top of the google search for Automaxx and Varsity Chrysler

Automaxx

Careful, link spamming will do the exact opposite for search engine rankings.

[benyl]

I don't think 11 references will drop its rankings... haha make that 22 from your quote.

edit: Fixed.

I will just add it to each of my replies in this thread... haha

Automaxx

[chkolny541]

haaha, subscribed

[n1zm0]

i dont get this:

Originally posted by rage2
If, however, what you posted is not the truth, then they can have a court order to have us remove the post, release your information, and they can sue you directly.

the truth of each individual's opinions/thoughts or the incident that happened to beyond users that made them post about it, it's the victim's word against theirs what really happened.

edit: so rereading, opinions and 'real truths' are ok but 'lies' or things that didnt happen according to them are no nos?

[benyl]

Originally posted by n1zm0
i dont get this:


the truth of each individual's opinions/thoughts or the incident that happened to beyond users that made them post about it, it's the victim's word against theirs what really happened.

They can sue for Libel.

Automaxx

[A790]

Originally posted by benyl
I don't think 11 references will drop its rankings... haha make that 22 from your quote.

edit: Fixed.

I will just add it to each of my replies in this thread... haha

Automaxx

We should link from multiple pages within the forums, as well as from the car blog. That should give enough link juice to rank the thread

EDIT: Search up "Automaxx" and check out the fourth result.

[Genjuro]

Originally posted by chkolny541
haaha, subscribed

ditto







Automaxx