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Wednesday, May 08, 2013

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Raighne Delaney

Paul,

Thanks for inviting me to respond to this post. I think you are doing what I recall that you said or implied that you would do, namely attempt to generate a lot of negative publicity for Hadeed Carpet, win or lose, in order to deter other companies from following Hadeed Carpet's lead.

I do take issue with your statement that Hadeed Carpet has a dirty secret. I think this is a gratuitous point and you have no idea whether it is true or not. Has Yelp conducted an investigation to determine if the anonymous posters are not linked to any competitors? I doubt it. I recall that you once told me you represented these anonymous persons and that they were customers. Later, you told me that you never contacted any of them.

Maybe my recollection about what you've told me is faulty, and if so, you could back up your "dirty secret" allegations by providing me with a sworn affidavit stating that you have conducted a thorough investigation and that all of the anonymous posters are customers of Hadeed Carpet, and that none of them are disgruntled ex-employees or affiliated in any way, with any business competitors?

I'm not sure what I'd do with such an affidavit, but nor do I have any idea whether Yelp is simply the greatest vehicle ever devised for one business to slander another, or not. The difference between us is that I have zero independent capacity to investigate the facts further.

Hadeed Carpet services 35,000 customers per year. It advertises a lot. It is interesting that a few anonymous comments target Hadeed Carpet's advertising repeatedly. Are these different posters, or one poster with different names? Hadeed Carpet has not been able to identify these people as customers. If they are customers, Joe Hadeed wants to know so he can fix whatever problem he has.

So the bottom line is this. I am very proud to represent Hadeed Carpet and to know Joe Hadeed. I think Hadeed Carpet is very courageous for fighting a battle to get to the truth.

As always, I look forward to seeing you in person again.

Fectin

Raighne,

I am ignorant and untrained in law, so I may be confused. If you're willing though, I'd appreciate if you would help me with that.

It looks like you're saying that you don't know that the Yelp! commenters are acting in good faith, and have filed suit on the assumption that they are not. Wouldn't you normally need some persuasive evidence of defamation to subpoena identities? Also, don't you normally need to identify specific, unprotected false factual claims to show defamation? Obviously, you're closer to the matter and better educated on the law than I am, so I assume there's something I'm missing.

To be honest, this strikes especially close to home for me. I live in the DC metro area, and just recently bought a house (with carpets!). It's scary to imagine how easily I could have chosen Hadeed a couple months back to clean them, and how easily I could be getting legal threats from you now. I don't read Yelp!, so absent this action I would never have imagined how nearly I dodged lightening.

Again though, I assume there's some mundane explanation which I'm not seeing, and I hope you'll let me know what it is.

V/R,
Josh

Donald Walsh

What difference does it make if commenters are customers or not,the issue is whether what they are saying is true or not. Hadeed should answer allegations instead of trying to discredit commenters

Bob

As always, money talks, whether in local or federal courts.

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