T&J Towing v. Kurtz

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Lawsuit

Date: 

04/05/2010

Status: 

Pending

Location: 

Michigan

Verdict or Settlement Amount: 

N/A
On April 5, 2010, T&J Towing of Kalamazoo, Michigan, filed a defamation lawsuit  against Justin Kurtz, a 21-year-old student at Western Michigan University. The dispute revolves around Kurtz's creation of a Facebook page called “Kalamazoo Residents against T&J Towing.” T&J seeks... read full description
Parties

Party Receiving Legal Threat: 

Justin Kurtz

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Location of Party: 

  • Michigan

Location of Party: 

  • Michigan

Legal Counsel: 

Christopher B. Vreeland - Law Office of Christopher B. Vreeland; Dani K. Liblang - Liblang & Associates, P.C.
Description

On April 5, 2010, T&J Towing of Kalamazoo, Michigan, filed a defamation lawsuit  against Justin Kurtz, a 21-year-old student at Western Michigan University. The dispute revolves around Kurtz's creation of a Facebook page called “Kalamazoo Residents against T&J Towing.” T&J seeks $750,000 in damages and a court order that Kurtz “immediately cease and desist any further libelous and slanderous written claims” about the company.

According to press reports, Kurtz created the page days after T&J towed his car from the parking lot of his apartment complex. On the page, Kurtz claims that T&J removed his parking permit and improperly towed his car.  As of the time of writing, the Facebook group had over 13,800 members, many of whom have posted comments about their own negative experiences with the company.

The complaint alleges that Kurtz "has falsely and publicly claimed that Plaintiffs have towed vehicles where no violation has occurred and which claims are untrue." Cmpt. ¶ 4.  It also suggests that Kurtz is responsible for the postings of other Facebook users, alleging that Kurtz "has absolutely no way of knowing whether or not all of the written submissions to his website have any truth or validity." Id.¶ 7.

Kurtz filed an answer on April 30, 2010 and asserted counterclaims for violations of the Michigan Consumer Protection Act and abuse of process.

Details

Content Type: 

  • Text

Publication Medium: 

Social Network

Subject Area: 

  • Defamation
  • Third-Party Content
  • Section 230
  • Gripe Sites
  • Consumer Ratings and Reviews
Court Information & Documents

Jurisdiction: 

  • Michigan

Source of Law: 

  • Michigan

Court Name: 

9th Circuit Court for the County of Kalamazoo

Court Type: 

State

Case Number: 

2010-0206-NZ

Relevant Documents: 

CMLP Information (Private)

Threat Source: 

Court Filings

CMLP Notes: 

6/4 2:30pm: Here is a first try. I had trouble with the paragraph breaks in the description section. I tried rich text and html. MH