This is going to be a quick article today. My wife is away meeting up with her active duty and veteran peers on their annual Veteran’s Day meet-up. It’s actually the second weekend in a row where she’s been traveling and meeting with her veteran friends. With the kids out of school yesterday, I’ve been in full-time SAHD-mode for a few days.
For a few years, I’ve wanted to update you on lawsuit against me by a company called RainSoft. It all started when I wrote about a RainSoft-scripted sales presentation that I was surprised with when my wife booked an in-home water test.
I think it’s common knowledge that when you are sued, your lawyers are quick to suggest that you don’t say anything. It’s kind of like that part of the Miranda Raights where they say, “Anything you say will be used against you in a court of law.” It’s been extraordinary difficult because this blog is about my life’s journey. I should be able to share one of the most interesting things in my life, right?
With that understanding, I want to share some information of what other people have written. [Note: All my words on this article is my opinion and the other people’s words are up to them and their lawyers.]
First, for more information on RainSoft, I defer to this local news affiliate’s “Scam Busters” segment:
Second, there’s this court ruled, Opinion and Order, by William E. Smith, Chief Judge. Here is his conclusion:
The First Amendment speaks to the sometimes-conflicting impulses of liberty and equality, ensuring the ‘breathing space,’ NAACP v. Button, 371 U.S. 415, 433 (1963), necessary for debate that is ‘uninhibited, robust, and wide-open,’ Sullivan, 376 U.S. at 270: it protects us while we freely discuss how we should live and love, how to wage war and keep peace, how best to govern ourselves. And equally, or almost, how to filter tap water on a budget. For this reason, and those above, summary judgment is GRANTED [to Lazy Man] on all counts.
IT IS SO ORDERED.
(I added the emphasis.)
So you might think that after the hundreds and hundreds of hours that I estimate I’ve spent on this would finally be over. You might also think that I (or you, or anyone) would have the freedom to write about “how to filter tap water on a budget.”
Here’s a view from a law-firm in Florida, New England Blogger Becomes RainSoft Target:
We previously reported on a ruling out of the U.S. District Court for the Northern District of Florida finding Home Depot and RainSoft’s collaborative use of in-home water testing was sufficient to support allegations of deceptive and unfair conduct.
You can read more their RainSoft Class Action lawsuit here. I find it all too familiar as it seems to be an extremely similar experience to the one my family had.
… RainSoft has started legally targeting private citizens who speak out about it.
I’m that private citizen in case you couldn’t guess.
RainSoft has now filed a notice of appeal to the U.S. Court of Appeals for the First Circuit which means Brian will almost certainly have to continue spending significant sums of money on lawyers to fight RainSoft’s legal bullying. Tactics such as those employed by RainSoft against a private citizen simply for speaking his mind about their deceptive marketing practices are unfortunate and disheartening. Due to his efforts, however, word is spreading about the limited and misleading nature of in-home water tests as indicated by the numerous comments to his blog.
I hope you had a good Veteran’s Day weekend. My wife had says she’s had some (much needed in my opinion) rest and relaxation. For me, it was good to put down the computer and spend some of those lost hours with the boys.
[Note 1: If I misinterpreted any legalese in this post, please keep in mind I’m not a lawyer. I always strive to put the best, most accurate description out there.
Note 2: The law-firm’s article makes a few mistakes that I feel may be factually important. The term, “magic show” was my wife’s description of the sales presentation. They were not my words. Also, my wife mailed in the sample. My wife was contacted by a “RainSoft-affiliated representative” who informed my wife that the test results weren’t up to par. (I wasn’t part of the conversation, so I don’t know the exact wording.) My wife booked the in-home water test, which I would characterize as a sales presentation. I was simply there because I work from home.]