I did a recent post of one of my very niche blogs that called out a bully for unethical marketing practices. Their response was to hire an attorney, Myers & Fuller, P.A., to send me a letter attempting to bully me into removing my blog post. Here is a copy: Letter from Jim Ziegler’s Attorney to Paul Rushing
Here is a copy of the draft complaint attached to this letter : Draft of James Ziegler vs Paul Rushing
When I originally read this letter I was highly amused by it’s content then became incensed. Let’s face it. They attempted to abridge my freedoms that the Constitution of the United States of America imparts on the citizens of our great country under the 1st Amendment, by demanding that I remove my opinion of a marketing product and how they choose to promote it. Here is the full post “A mixed message from someone “in the Know”.
It is obvious that they have read much of my content that I have published on the web. I even have blocked Jim Ziegler from seeing it from his office. It is doubtful that he understands the irony in the message he sees when he tries to access my content. This is one way to throw stuff back in an online bullies face, deliver them a custom message when they try to access your content. << If you click it make sure your volume is turned up. I promise it will not hurt you or your machine. It is a good version of a Rick Roll for someone claiming to be a Master of eMarketing.
I responded to their letter in a way that is sure not to amuse them, reinforcing the fact that they have attempted to impede on my constitutional rights. Here is my response to Jim Ziegler’s attorneys: My response to James Ziegler vs Paul Rushing I have contacted the ACLU for their opinion on the matter and have openly solicited their involvement. I never thought I would be a card carrying member of the ACLU. Ha..
In the tight circle that exist in the automotive online social networking space these attempts will probably elevate Jim Ziegler to the status of pariah, and remove his self proclamation of “Da Man”. You cannot possibly be a master of anything sales related and believe that intimidation tactics are possibly conducive to anything short moving into the elevation described above.
“A man convinced against his will is of the same opinion still” – Zig Ziegler < Hope there is no relation there!!
The dealers that rely on his self proclaimed wealth of knowledge should take this as a warning sign. He is using tactics and techniques that would cause a dealer to lose all credibility in the marketplace if they responded to a consumer the way he has to me. It just goes to show that old dogs cannot learn new tricks.
As moronic as his persona his actions scream, DUMB ASS!! Yes I called Jim Ziegler a dumb ass for allowing someone who represents him to send a letter like the one I received. Not only do they not know the definition of a social network as they try to to belittle me in their diatribe as they continue to assert a simple blog post has damaged his business prospects!! What has damaged his business prospect is the fact that you can’t claim mastery in a game, when you do not know the rules. In my opinion the worst damage to the his “Master of eMarketing” seminar stares back at him in the mirror he admires himself.
Another thing that the “Cogs” who signed this misguided letter to me quoted a precedent that comes from the 4th Circuit while the transmission and reception of the email occurred in the 11th. But what can you expect from two knuckleheads that obtained their higher education at an all girls school. What is really sad is that they failed to look at the Georgia Law and realize that the people who actually pulled the trigger on these emails, may be criminally liable. The assertions that the emails were not sent by the Ziegler Corporation is laudable. They also need to learn the definition of “or”. My original post stated they were spidered or scraped by a minion, who now may be criminally negligent under GA law.
In any case the message was in direct violation of 15 § U.S.C. 7704 (a)(5). (i) It did not contain the verbiage that the message was an advertisement. (ii) It did not contain an opt out method. (iii) It did not contain the physical address of the sender. I hope the cogs did not increase the billable hours to the Ziegler Corporation based on legal research, if so Jim needs to ask for a refund. The diatribe that was sent quoted the exact laws that made the letter illegal. (Second response disavowing my retraction)
What is really sad when he saw my review of his product and how he chose to advertise it all he had to do was pick up the phone and give me a call. I would of probably changed my content somewhat and it may of even tuned into a promotion of his product. Instead he decided to behave like a “rat bastard” and call my former employer, my associates and hire a lawyer to get me to take my blog post down.
Now there is no possible way that I will ever take down anything I have ever published about Jim Ziegler’s products or the methods he chooses to advertise them. I will now seek to review every product he has ever released. I will try to remain objective while at the same time I will not hold any punches back.
This guy really needs to learn that when you try to cross sabers with someone with my dedication to to making the automotive industry more profitable for all and to help start a true dealer centric social network. There is no way he can win. His dedication is completely self serving and people are starting to see that.
In his recent article in Dealer Magazine he boast “Here I am sitting here at the word processor drinking heavy shots of Louis XIII Cognac at $200 a shot…and…finishing another article.” That is not what dealers in the car business want to hear coming from someone that considers himself an automotive guru, when the business has taken such a downturn in recent times. Dealers are laying people off and cutting their own salary while 
this blow hard is drinking $200 a shot swill. He delivers more mixed messages intentionally than is acceptable by any standard.
In the near future I will start another blog to chronicle the twisting slope of my navigation through the courts as this blow hard sues me and as I counter sue him and his attorneys. Or they will agree to my terms in my letter to them and it will be the end of this drama. I have a lot better things to do with my time than keep engaging these douche bags.
[...] door techniques instead of openly engaging you. Some even resort to threating to sue you (personal experience) or try to have people removed from their positions (Ralph’s Experience). In one [...]
Paul,
Fellow PPP member here. Read your posts and loved this one on the bully. Keep up the great work. You will see me as Planet Berry on the PPP Blogger posts. I happen to believe you are spot on on your analysis as most of us have come to realize. I feel for Big R over there as he has his heart all over his posts and not quite his mind.
Take care
@Steve
Thanks for your support. Sorry the comment did not go live right away. For some reason I was not getting emails of new comments. I hope I got it sorted out now.
Not a problem Paul. Great site you have here.
[...] in his first sentence of the conversation we had yesterday. I have dealt with bullying like this before based on things I have written about ill advised online marketing by others. That original [...]