POSTED: 11:34 a.m. EST January 7, 2003
UPDATED: 3:18 p.m. EST January 7, 2003
ST. PETERSBURG, Fla. -- Kane's Furniture has won a court
fight to shut down a consumer-oriented Web site that had steered
hundreds of complaints to state regulators over the past three
years.
The Web site, www.kanes-furniture.net, helped the Florida
Attorney General's Office forge a rare civil suit against the
Pinellas Park retailer in November. But Pinellas County Circuit
Judge Walt Logan issued the injunction last month, shutting down
the site.
"I got over 400 complaint letters from people all over the
state and posted them on the site," said Manny Gonzalez, the
site's operator. "I guess Kane's finally just had a belly full.
Their attorney called me and said if I didn't take the site down,
they'd have me and my wife put in jail. Now they're suing me for
quite a bit of money.''
When state investigators found out about the injunction, they
were angry and ready to retaliate.
"We think it's the most outrageous thing,'' said Angie
Sheridan, assistant attorney general in the economic crimes unit in
Orlando. She said the state would file a "friend of the court"
brief as soon as Tuesday, describing the injunction as both
anti-consumer and a violation of free speech.
But Lisa Brock, a public relations specialist representing
Kane's, said the sole issue is one of trademark infringement.
"It is downright offensive to have false claims aired in such a
way, particularly when a trademark that is respected and
well-regarded is being unfairly assaulted like this,'' Brock said.
"That's why we've taken this legal path.''
Kane's reputation has taken other hits during the past year. The
state in early 2002 began investigating hundreds of customer
complaints, the most ever generated by a Florida retailer,
officials said.
Among Kane's alleged offenses: advertising false sales
promotions, delivering defective goods, failing to respond to
complaints, failing to repair or replace items and refusing to give
refunds.
Last spring, the state proposed a settlement that would have
required Kane's to pay a $400,000 fine and comply with a consent
order mandating certain customer-service practices.
Instead, Kane's sued the state, accusing the Attorney General's
Office of overstepping its legal authority by attempting to
interfere in its business. That case was dismissed by a state
Circuit Court judge in Pinellas County but is now on appeal.
In November, the Attorney General's Office filed a civil suit
accusing Kane's of deceptive trade practices, civil theft and other
offenses involving as much as $500,000 in disputed transactions.
Kane's has denied the allegations and filed a motion to dismiss
that suit.
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