Can we see the pictures in question?

On a serious note, PM Jaime6, he knows tons of people in law.

 

oops - that's what I get for drinkin and postin - haha

 

[QUOTE=Ravenwerk,Aug 16 2007, 03:33 PM]Well . . . . ...

 

I had a fence installed last October - and had some problems. After several attempts of asking them to correct some issues, they just quit responding. During this process, I added pictures to my Webshots account, to share the pictures with out of state family and friends.

I called the album - Tri-County Fence, Knoxville, TN

Well it turns out, they do not have a website. So when someone Googles them for info, they get my pictures as one of the first results in Google.

One of the employees found my pictures this way, and the owner called back in December, and left me a voice-mail threatening to sue me for Slander if I did not remove the pictures.

Knowing I have not done anything wrong (they are in fact, simply pictures of the fence, with accurate statements) i left the pictures up. Why should this company tell me I cant take pictures of my own fence?

Today, in the mail, I received a letter from a Knoxville Law Firm, requesting that I remove the pictures.

http://home-and-garden.webshots.com/...56639162rZqlbW

 

I am sure he went to the firm, and told them the situation, and they informed him that he did not have a case, but they could send a letter that would probably scare me a bit, and I would remove them.

The letter did not mention any particular part that they determend as defamatory.

The letter is as follows.
........................


VIA FIRST-CLASS MAIL

MR.XXXX
MS.XXXX
Maryville Tennessee 37804

Re: Tri-County Fence Company

Dr XXXX

In reviewing the information that you have posted on your website, we see that you have removed some of the disparaging remarks about my client, which we apperciate. However, ther are still other comments on your website and posted on the internet which are defamatory and we insist that those also be removed inmmediately.

Thank you for taking care of this matter.

Very Truly Yours,

XXXXX

JOT/cmh

CC: XXXX

...................................

The items that he refers to me removing from the site, simply included similar comments to what is on the site now. At one point, I had to re-load several of my albums, and did not feel like re-typing. I did not remove anything per the request.

 

this was from December

http://media.putfile.com/TCF-26

 

Thats awsome... the audio is priceless! That guys trying to act all professional but you can tell he is totally pissed off. No one professional uses the word "sue" try "take legal action." Pinto lol. What a moron.

Anyway. I'd also tie up the law firm for them. Ask them on the phone like Grainger said and also have them send you a detailed letter explaining exactly what is illegal and should be removed. It would also require more time and makes it look like your willing to be cooperative. If in fact they are a problem you can aways leave up the picture and post a factual statement like: "Check out my new fence from Tri County Fence." People will know whats going on without writen words that COULD be slander. Good luck.

Edit: Does the fence have a tag on it showing who put it in like most fence companies? I'd take a picture of that too and put it on the site. Less words more pictures!

 

The funny thing is, he said we purchased the cheaper fence in the voice-mail, when in reality we did not. He offered us 2 types. White Pine or Red Cedar. The Cedar being the better fence, and the one we purchased. Maybe he was referring to his fence as the Pinto vs. the competitors Ferrari?

I think I may call and speak to the firm, and ask them what they find defamatory, because I can not find anything on my picture page that is untrue. I will also ask them to send me a list - detailing these items so that I can take the time to review them. The pictures are simply how the fence looks today. The comments about the panel that fell off, are exactly what happened. All the other comments are simply location markers.

I think the sign is what started the owners dislike for me. After they installed the fence, my Dad noticed the signs and removed them, saying that I did not need to advertise for them unless they paid me or discounted the fence. Later when the owner came over to review my complaints he noticed the signs were removed, and said that the price of the fence included the sign, and it was in the contract. When asked him to show this on the contract, he simply said, we will let this one slide. I reviewed the contract and nothing involving the sign was written.

 

......ok im confused. How would this be different then almost any review that is posted on the net. Slander is defined as a malicious, false, and defamatory statement or report: a slander against his good name. And in the sense that they are trying to make a case out of this, it would be like Honda going into this site and sueing Billman for his numerous exposures to engine problems and claiming it as slander.

If you are not actively attempting to take business away from them by making false statements without evidence I dont see how this would have ANY merit. Its as silly as sueing a movie critic because they went on their show and said the movie sucked. We have the right to what we say, and if we disagree with how a service was performed we are able to express it in a reasonable fashion.

There seems nothing unreasonable about this too me. Work was shoddy, when given a chance to make right the company dropped the ball. IMHO, they got nothin........

 

Damn, that is some shotty work for sure. I'd ask the law firm if they took the time to look at the pictures. I'd also mention that you thought about calling the BBB, if they are a member. I understand that they can't be perfect, but that crap is sub-par!! Keep pushing them!!

And Kyle is right, you can review anything you want. Time for Angie's list.