BendTel files lawsuit over statements on Craigslist

Published 5:00 am Wednesday, August 5, 2009

A Bend-based communications company has filed a $55,000 lawsuit against 10 people named as John and Jane Does, saying they anonymously posted defamatory remarks on Craigslist that damaged the businesss reputation.

The complaint, filed in Deschutes County Circuit Court by BendTel Inc., says the false and defamatory statements were posted during the first three weeks in July on the sites Rants and Raves section. Craigslist is not named in the lawsuit.

BendTels lawyer, Michael McGean, did not return calls to his office, and the companys president and CEO, Thomas Barrett, declined to comment on the case. The company provides voice, long-distance, data, Internet and other services, mostly to businesses, according to its Web site.

The lawsuit does not specify the content of the statements. A search of the Craigslist Bend site shows a Web posting referencing BendTel has been removed.

But the lawsuit says the postings damaged BendTels reputation and esteem in the business community …

The complaint states that BendTel does not know who posted the remarks but that it plans to substitute the true names of defendants for said fictitious names in an amended complaint once (BendTel) discovers the identities of said defendants.

The question of how BendTel will get that information may have been answered recently by a California judge.

Korbel Champagne Cellars filed a similar lawsuit in Sonoma County Superior Court last year, according to the Santa Rosa, Calif.-based Press Democrat newspaper.

Korbel states that anonymous posters wrote about the companys alleged environmental practices, treatment of employees and ways of dealing with officials, according to The Press Democrat.

A Sonoma County judge has ordered Internet service provider Comcast to turn over the names of the anonymous posters unless a legal challenge to his decision is filed.

Craigslist also has been targeted with lawsuits over the content of its Web site.

In 2006, a Chicago-based housing group sued Craigslist over an advertisement for an apartment discouraging African-Americans and Arabic people from applying for the unit.

But the suit along with others like it was tossed out based on a federal law protecting Web sites from liability for illegal content published by online posters.

The Chicago Lawyers Committee for Civil Rights Under Law has appealed the decision, according to the organizations Web site.

Craigslist does have a system for eliminating content in violation of Craigslist guidelines, its Web site reads. Such posts fall into three categories:

Miscategorized wrong category/site, discusses another ad, otherwise misplaced

Prohibited violates Craigslist Terms of Use or other posted guidelines

Spam/overpost posted too frequently, in multiple cities/categories, or is too commercial

Users who identify content falling under these guidelines can flag postings for removal.

In BendTels case, a page on the Craigslist Bend site shows that content referring to BendTel was flagged for removal and has been taken off the site.

The lawsuit is scheduled for a pre-trial hearing in Deschutes County Circuit Court in October.

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