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Thank you

June 26, 2010

It’s official — the lawsuit against me has been dismissed.

I wanted to take a minute to thank everyone who helped:

• My Florida-based attorney, Greg Herbert of Greenberg Traurig in Orlando, who understood that this was about more than a blogger being sued by a travel agency. The case raised some important First Amendment and press freedom issues, and I’m grateful that he saw them and was willing to devote his energies to helping me.

• The Society of Professional Journalists’ Legal Defense Fund, which awarded me a grant to help with my legal expenses. In particular, I want to thank Clint Brewer, chair of the SPJ National Legal Defense Fund, and Salley Shannon of the American Society of Journalists and Authors, both of whom were instrumental in making the grant happen.

• My lawyer, Anthony Elia, who told me six months ago that the case was over. Anthony — you were right.

• The Citizen Media Law Project at Harvard Law School’s Berkman Center for Internet & Society, which helped me find legal representation, and Charles Davis, the executive director of the National Freedom of Information Coalition and Creve Coeur City Council Member Laura Bryant, who introduced me to the Berkman Center.

• The various media outlets and blogs who covered my case, including Diane Lade at the South Florida Sun-Sentinel and Jim Gaines at Orlando Weekly, Jim Walker at Cruise Law News and SLAPP expert Marc Randazza.

• None of this would have been possible without you, the readers of this site. Many of you offered to help by writing to your elected representatives, encouraging them to restart Florida’s stalled investigation into travel agencies that sold unlicensed insurance. It was your phone calls, emails and letters that pushed the state of Florida to finish this investigation, which has led to numerous settlement agreements with travel agencies.

After this experience, I feel a responsibility to get behind new laws that would prohibit so-called SLAPP suits, or strategic lawsuits against public participation. The Citizen Participation Act (H.R. 4364) is a good start, as is supporting a group like the Public Participation Project.

Thank you, all.

(Photo: v ernhart/Flickr Creative Commons)

Christopher Elliott is the author of Scammed: How to Save Your Money and Find Better Service in a World of Schemes, Swindles, and Shady Deals. Critics have called it “eye-opening” and “inspiring” — it’ll “grab your attention and won’t let go.” Order your copy now on Amazon, Barnes & Noble or iTunes.

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17 comments

  • Billie K

    Do you know if the suit against Peter Lay was dismissed? Can you influence any of the above organizations to support him as well? He has helped many of us who have been taken advantage of by travel agents and (can I say this?) illegal insurance products that he deserves the same type of support.

  • http://www.scrapbookupdate.com Nancy N.

    As a writer who’s been the target of SLAPP legal action myself, I am very happy to hear that this case was resolved correctly and that you had so much help with it.

  • Aaron

    Congratulations! Shame on Palm Travel for trying to silence the press by using their wallets, and well-done-you for not backing down.

    Aaron

  • Jake

    Thanks for fighting the fight and doing the right thing – lesser folks would have rolled over and made it easier for the next company to pull this type of BS. Glad the good guys won!

  • Stan

    Way to go, Chris! I don’t see what this travel agency gained from this other than negative press all over the internet that will never go away. I hope your settlement did not include deleting any of your articles. Did it? Any word on your co-defendant, the customer who also was sued? That lawsuit was equally ridiculous.

  • Bill Stokes

    Your columns did more good than you know, Chris. As a start, you made fraud merchants and the travel agents who sold their products household names. The next Mckinley Johnson or Jerry Watson would have a very hard time starting another company, the travel agents, including the one who sued you and a customer would think twice before risking fines and “Cease and Desist Orders”, and thousands of potential customeres would know the telltale signs of schlock insurance products presented to them. Good Job!

  • Christopher Elliott

    @Stan No. Just the apology, which I would have been happy to offer without a lawsuit being filed.

    My co-defendant has a capable attorney and is defending himself against this suit, but I don’t know what the status of his case is.

  • Stan

    Chris, Did you offer an apology before the lawsuit was filed?

  • Christopher Elliott

    @Stan. Yes. A year ago, right here. See the wording after the first update and press release.

    But I don’t mind repeating myself.

  • Stan

    OMG, Chris! You corrected the misinformation over a year ago and a lawsuit was still filed? So, I guess you were sued so you’d apologize again? I don’t get it.

  • Bill Stokes

    Sadly, I do get it. The man who sued Chris and Peter is a serial suer with unlimited funds who will sue anyone who takes his name in vain, whether or not they speak the truth. The only thing that will stop him is an individual who will hang on until the case goes to trial, and then nail his butt to the wall, and then sue him. Unfortunately, people like that are hard to find.

  • JoAnne

    It is so important to know who you are giving your precious vacation dollars to. I hope everyone reading this stays away from SmartCruiser.com, the serial suer agency. If they can easily sue Chris, they can also sue YOU. Stay away! If you find a good travel agent, be thankful. If they are not the lowest price, be more than grateful. A good agent will work hard for you. I love my agent and would never expect him to work for nothing. SmartCruiser.com deeply discounts. You get what you pay for. If you get sued, it’s not worth the aggravation.
    Chris, you do so much for the traveler. I’m glad its over for you, but you would have won hands down anyway. I would have loved to see the courts award you millions for all this pain this serial suer put you through. Keep up the good work.

  • Christopher Elliott

    Commenters, just a friendly reminder that ad hominem attacks won’t be tolerated. I don’t want to have to close the comments here, but if they persist, I will have to.

  • Lee Ann

    Chris is right. No need to make this blog into a public lynching. The details of this lawsuit have been reported widely and consumers can make their own personal choice if they wish to do business with the company that sued Chris and the customer. Personally, I’m glad it’s over for Chris. It should have never happened and like the previous posters I see absolutely no purpose in the filing. Chris clearly came out a winner as he showed a great deal of dignity and class and is now known within media circles as a journalist who did not back down. I’m anxious to learn about the resolution regarding the customer. Does anyone know?

  • Chicky

    Good news, Chris! Glad to hear it. As a member of the media myself, it’s always a good day when responsible journalism and the dear old First Amendment triumph yet again!

  • http://gottogovacationrentals.com Tom

    Congrats. Just glad to see a good guy come out on the right side of such a ridiculous situation.

  • http://www.creve-coeur.org Laura Bryant

    Chris:
    Your experience underscores the importance of the Citizen Participation Act (H.R. 4364) and how SLAPP suits can directly impact journalism and even our democratic form of government at all levels. In my own hometown of Creve Coeur, Mo., the previous mayor and a former Council Member sued six residents, including me, a duly elected official, for continually objecting to their inconsistent application of our City’s ethics code during the comprehensive land-use plan drafting process. Fortunately, in the end, our well-documented timeline made it abundantly clear that the SLAPP suits were nothing more than a desperate political attempt to chill public debate in our community. Chris, I am very proud to stand beside you in support of federal anti-SLAPP legislation so that others — from journalists to elected officials to average citizens — can freely and properly address important public policy issues without fear of vicious lawsuits that threaten our fundamental rights of free speech.

    Laura Bryant
    Ward 4/Creve Coeur City Council

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