Legal threat from Expresso Drive Thru!

Expresso Drive Through, a drive-through coffee outlet in Murrumbeena, has apparently threatened me with a lawsuit for defamation if I don’t remove my post regarding their company (which said, among other things, that they serve bad coffee).

Rather than email me or send me a nasty letter, their threat is in a comment left on my About page. Here it is, in full:

“without prejudice”

NOTICE OF INTENTION TO BEGIN LEGAL PROCEEDINGS.

IF THE DEFAMATION REGARDING EXPRESSO DRIVE THRU IN MURRUMBEENA IS NOT REMOVED FROM YOUR WEBSITE WITHIN 7 DAYS (BY 27/2/2008) WE WILL BE TAKING LEGAL ACTION AGAINST YOU FOR DAMAGES AND ALSO OBTAINING A COURT ORDER TO HAVE IT REMOVED.

IF YOU WISH TO CONTACT US TO DISCUSS PLEASE PHONE US ON (03) 9939 0830.

BEST REGARDS,

It ends at the comma.

I highly doubt that they intend to sue me, particularly not after reading this post.

Why? Because, first of all, it is quite common for companies to threaten to sue when they have no intention of following through, in order to silence critics.

Second of all, defamation is notoriously hard to prove in the courts. It would cost probably hundreds of thousands of dollars in legal fees to pursue the case. All this, against a blog that almost nobody reads? Come on!

Thirdly, most companies cannot now sue for defamation under Australian defamation law, after a law change of a few years ago.

I don’t know about you, but I despise the tactic of empty legal threats. For this reason, the post - and this one - shall remain on the site.

What do you think? I encourage you to state your opinion, both on this blog, and by contacting Expresso Drive Thru.

You can contact them at the phone number above, or by emailing expressodrivethru@hotmail.com.

ALL PUBLICITY IS GOOD PUBLICITY: Expresso’s hot chocolates are the worst ever, according to a commenter at the Melbourne Victory Forum, where a kind soul has started a thread about this topic.

MORE READING: Another idiotic legal threat from discount card company 22 Percent Off. Also read my post about defamation law.

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did they think that you’ll be afraid of their ALL CAPS THREAT?
why did they post it on your about page? not even an email?

Yeh very, very bizarre

And a very nice SEO spam by “Ian Pardon” there, very nice…

Sweet! I love that someone has done a vanity search on google, come up with something they don’t like, and tried to throw some legalese at you to scare you, and totally failed. Nice work :)

Wow, that’s a little ridiculous. I agree, though, they most likely have no intention on following through and if they do, what is the worst that can happen? Will a court even see that as a real case? All publicity is indeed good publicity because by you saying that they serve bad coffee that will make your readers want to go and see for themselves.

Hilarious!

Hey, this is just the sortof thing that you can use to springboard yourself and MOAI to instant stardom, Mark! I can see the storyline now: The obscure little guy blogger being harassed by the evil mean giant corporation! Maybe we should organize a press conference or something.

Or, hmmm… maybe I’ll just go buy someone else’s coffee. *sigh*

Wow, that’s a little interesting. I agree, though, they most likely have ….. All publicity is indeed good publicity because by you saying that they serve bad coffee.

Whatever you do, dont remove the post. What a load of crap and they leave it on your about page, c’mon, that is garbage.

sue you for your blog postings? can they even do that? I would think not… isnt there some kind of freedom of speech where you can say whatever you want? i wouldnt worry about them sueing you…

Just ignore it. Keep on giving your own opinions on any subjects. Blog like this is needed in a time like this. We have our rights to express our way of thinking. The customer is always right! we have the power so use it. Do not back down just because a threat been made. Keep up the good work! i will spread the words in my blog..

This is an example of a company or proprietor going totally overboard and overreacting. You’re entitled to your opinion–you can’t get sued just for expressing an opinion. This is funny.

i agree that all publicity is good publicity, so I guess both you and this co. get some-even if neither likes it. The funniest part to me is that their email to you ends at Best Regards,. Best Regards from nobody, right?

I find it almost laughable that the company that is threatening to sue people over their online activities is using a hotmail address for their email.

Good for you. Keep saying and posting what you want. That is what freedom of speech is all about. There is no way that anything would ever stand up in court, if anything it would gain national coverage and then the company would back out because they would realize what a stupid mistake they are making.

Cheers.

Truth is the best defence to defamation my dear. Is there anything called good coffee objectively. You opinions are important damn right.

Clearly a lawyer never wrote that. A lawyer would send it on letter head and would sign it. Sounds like some kid wrote that.

Legal threats in comment areas? Wow, that’s new.

Ridiculous.
Well, you just keep on defaming, and let us know what happens!

I wouldn’t worry about a defamation suit. Personal opinion is not defamation. If that was the case, there wouldn’t be bad movie reviews, product reviews, etc. Now if you made up facts and said that the company used contaminated water to make their espresso, then you might have something to worry about.

He who last last laughs longest!

That company doesn’t know the law very well, so you don’t have to worry about any problems.

If I were them, I’d have worked with you not against you on this. What they should concentrate on is listening to consumers, improving their product and building a relationship with you to improve their PR.

This kind of heavy handed adversarial approach is so tired.

I definitely agree, Pete.

In the past, I’ve had people tell me I’ve got it wrong on a coffee review, and I always offer to do another review. Two coffee shops have got substantially better reviews as a result of this. You won’t see me giving Expresso Drive Thru another chance, though!

Makes me wonder if they have any confidence in their own product.

Yes, unfortunately the lesson for all of us business owners is clear: offer a great product and give great service, or you won’t survive.

…and you know, you don’t see too many restaurant critics getting sued over bad reviews do you?

phew… what about freedom of speech ?

Fair play to you markk for not backing down.

friends of coffee

it is interesting to note that despite a request for your address to serve legal papers you have not provided this to them. I think to be fair to them you should give your full name and address to them, and be prepared for any action if any. Easy to hide behind a blog Mark. You look like a fool, and are certainly acting like one Mark!

What rubbish! Why should he help them to do their job. That is foolish. Let them incur all costs possible to file, serve and then lose this ridiculous lawsuit.

With all the comments of support and understanding that you know the law. It is interesting to see a company continue with threats when they should clearly see they have no case against you.

Dee, you’ve hit the nail on the head. I laughed out loud when I read that.

Thanks for the support, everyone.