Timeshare Company Sundance Vacations Accused Of Forging Court Order To Delete Discussion Of Its Practices
from the getting-into-felony-territory dept
It started nearly two years ago when Sundance Vacations sent Haughey an email, asking him to remove this 2010 thread in which someone asked about Sundance Vacations marketing process -- starting off with "am I about to get screwed by Sundance Vacactions?" leading to a rather tame discussion about the sales tactics of the timeshare industry, and ways to deal with the dreaded "informational meeting" (really a hard sales pitch). The email included an attachment of a "court order" against someone who was supposedly running a "Sundance Vacations Protest site" barring them from speaking negatively about the company online. I don't see how such a court order is actually legal given the whole First Amendment, but we'll leave that aside for the moment. Haughey pointed out that the person named in the court order was clearly not the person who posted the Metafilter thread, and everyone went on with their lives.
Until a few days ago, when Sundance Vacations sent a new email to Haughey, talking about a new court order, apparently against the person running this Boycott Sundance Vacations Facebook group. Bizarrely, the "court order" listed the Metafilter page in the document. Haughey posted the court order as an image:
On top of that, the Order lists out five URLs which it claims are defamatory and says that plaintiffs can use the order to get those articles removed or delisted. While it's not unheard of for local clueless courts to make such rulings, you can't actually make such an order, because it violates Section 230 of the CDA. Thus even if it were true, it wouldn't be enforceable. But it's not actually true. After questioning it, Haughey called the actual court:
Today (Tuesday) I called a clerk in the Hinds County Chancery Court office. They asked me to fax them a copy of the court order so they could verify the document. I did as requested and a few hours later got a call back from the office saying it was not a real document from their court. The case numbers on the first page are from an unrelated case that took place last year. The clerk said they found a case from August 21, 2014 that used similar language but had different plaintiffs and defendants, but the same lawyers on page 3. In their opinion, it seemed someone grabbed a PDF from a different case and copy/pasted new details to it before sending it on to me.As Haughey notes, forging court documents is a felony. It kind of makes you wonder, if a company will commit felonies to hide some (very mild) online criticism, what kind of crap will it do in its regular business of trying to do high pressure sales to buy into their timeshare?
Ken "Popehat" White points out that Sundance Vacations is now denying having sent the email, though it's pretty difficult to think who else might be sending such an email.