Re: ONLINE-ADS>> Sue for Damages?

Ray Taylor (taylor_at_bizbiz.com)
Fri, 02 May 1997 10:18:26 +0100

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Keith Bajura wrote that he spent $500 on an email list that did more
damage than good and asked can he sue?

My advice is: think very carefully before you go ahead.

I am not familiar with US laws but I do know two things:

1. American Lawyers are phenomenally expensive
2. They are never short of work

Ask yourself why you want to sue. Is it to recover damages or to take
revenge? What will it cost? What do you stand to gain if you win? What
do you stand to lose if you win? What if you lose?

What have you lost so far? $500. I'd have charged around that amount to
advise against using the list, but you probably wouldn't have taken the
advice (let alone pay $500 for it). Consider the $500 you have paid the
crook fair payment for the lesson you have learned. But do tell us the
name of the company in order to share the benefit.

You have also lost face in front of your potential customers and this is
what you should concern yourself with. Winning compensation for this
loss should not be your first consideration, regaining the confidence of
your customers should be the priority.

In my view your main aim should be to assess the damage, limit the
damage, and then go on to plan a proper marketing campaign to recover
your position and take you forward. This might end up being expensive,
but a better use of funds than employing an attorney to spit in
somebody's face, just because they spat in yours.

By all means ask legal advice of a qualified legal practitioner and if
there is a strong chance that you could recover some of the cost of lost
business and reduced brand value, at minimum further risk, then go
ahead.

There are people who think that the Internet has 'revolutionised'
business communications. It has not. The rules are the same. The
Internet has merely made it cheaper and easier to make expensive
mistakes.

Brand building is expensive. If you're clever, you can do it yourself,
for nothing. But at what risk?

Next time you draw up a marketing plan, or for that matter any kind of
business plan, draw up a list of things that could go wrong, and add an
estimate of the cost of those things happening. Use this as a
support-tool for any decision making. Alternatively, send me a cheque
for $500 and I will do it for you.

Ray Taylor
London
http://www.bizbiz.com/

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