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  • Dec 30th, 2009 @ 9:53am

    Nemet v. ConsumerAffairs.com

    Mike calls ConsumerAffairs "one of many 'gripes sites' out there -- with one interesting distinction. This is what I believe is known as damning with faint praise.

    A virtual fossil in Internet time, we have been around since 1998 and are much more than a "gripes site", a somewhat pejorative description of a site that enables peer reviews.

    In addition to "gripes," we provide a very active and very expensive consumer news operation, an extensive database of safety recalls, state-by-state guides to Small Claims Court, Lemon Laws and other consumer protection resources.

    Mike alleges that we "work closely with class action lawyers to review the gripes and seek out opportunities for filing class action lawsuits. While this may be somewhat distasteful (class action lawsuits are all too often much more about getting ..."

    This is Mike's opinion but a.) we do not "work closely" with class action lawyers. We maintain an arm's length relationship and do not profit from or participate in any litigation that arises as a result of legal perusals of our site; and b.) while it may be true that lawyers stand to make handsome profits on some class action cases, they also often lose huge sums prosecuting unsuccessful cases. The very definition of a class action is that it combines cases which are too small to be pursued individually and it is thus not surprising that individual consumers do not routinely profit handsomely from such cases.

    Class actions do, however, represent a potentially significant expense to corporate wrongdoers and are generally regarded as having at least some deterrent effect. I am always surprised at how eager many journalists and bloggers are to take the side of corporate interests by blindly spouting the tired old argument that consumer litigation benefits only lawyers.

    By the way, several posters here have raised the issue of anonymous postings. We do require complainants to provide name, email and snail mail addresses, although we publish only first name and city.

    Freedom of the press is a right of everyone, not just credentialed journalists. We should all be grateful that the courts continue to recognize the benefits of free expression in a free society.

    James R. Hood
    President & Editor In Chief
    ConsumerAffairs.com

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