I received the following e-mail yesterday:
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From: Edward Martinez
Date: Tue, Dec 31, 2013 at 7:34 PM
Subject: Upcoming lawsuit
To: NSX Prime
Hello. This is Ed Martinez, president of PSE Superchargers. I have sent you several e-mails and messages asking if you would please remove a thread that had ended up being a misunderstanding between myself, my company and one of your members black not. I'd indicated to you that I have found this information that reflected negative on my company while performing a Google search. At this time, I knew nothing about your website NSX prime.com. I have informed you that our customer misunderstood exactly what happened to his supercharger while he was at our facility for repair. Both your customer and myself have kindly asked you to remove this thread as it has become damaging to my company. I have now received a loss in income due to the information that is on your website that is untrue about my company.
Again before I knew anything about NSX prime or becoming a member of your website I have found the negative and damaging content on the Internet. Therefore whatever information and policies you have with your members cannot be enforced on myself or my company as this inaccurate information was published without my knowledge or agreement with your terms and conditions. Therefore my legal counsel has informed me that I have every right to ask in your assistance to remove any negative comments regarding my company as it would be considered hearsay and not provable fact. Your own member of your website has also asked you to remove the entire thread and you have only responded as you will willing to relocate it. This is not acceptable.
My legal counsel has informed me that your website has content of advertising. Some of this advertising can bring your website a financial gain depending on the agreement you have with you your advertising with. If it is found that you were purposely leaving this negative and discriminating thread on your website because it helps lure the public from Google to your website to your advertisements so that you may achieve a financial gain this in fact is illegal.
Look, I'm not trying to be a tough guy here. I'm kindly asking you to remove the entire thread as it really does not promote a healthy positive environment to your website.
We have been informed by many new customers that they have been very reluctant to do business with my company because of the negative link to your website that has not been removed.
The way the law was written regarding Internet activity is very clear-cut and simple to understand. If I find negative and untrue and un substantiated that is discriminating and damaging to myself and my reputation and is also causing myself a financial loss, I have every right to sue that company or persons for any damages and financial losses that may have occurred as a result of the negligent from another person or company. It does not matter what policies you have on your website. That would be completely irrelevant as I am not in any agreement with you or your website at the time the negative and discriminating information was published as a link from Google, Yahoo, MSN or any other search engine.
Please understand that I have performed all of my research very carefully for the past 60 days. I spent quite a bit of money receiving legal advice on what to do in this regard and made sure I had every right to sue you for company deformation and neglect to act upon a reasonable request. I'm not looking to get into a fight with anyone and I am every bit willing to let this go if you act now and remove any negative remark toward my company that has ended up in a search engine.
Thank you in advance for your prompt attention in this matter.
Sincerely, Edward Martinez, President PSE Superchargers.
Sincerely,
PSE Superchargers, Inc.
418 Enterprise Drive
Edmond, OK 73013
405-844-2773
www.pse.us