Internet gripe site brings lawsuit, says AJC

[David Farber <dave () farber net>]

Begin forwarded message:

From: John Adams <jadams01 () sprynet com>
Date: October 18, 2004 12:41:38 PM EDT
To: dave () farber net
Subject: For IP? Internet gripe site brings lawsuit, says AJC

http://www.ajc.com/business/content/business/horizon/1004/18siding.html

Siding issue may go to court

By CHRISTOPHER QUINN
The Atlanta Journal-Constitution
Published on: 10/17/04

Alan and Linda Townsend created an Internet gripe site to complain 
about a $16,721 house-painting job they claim is botched, and they 
invited others to vent about the companies involved as well.

It may end up costing them the house.

The North Carolina company that made the Spray On Siding the Townsends 
had a contractor apply to their Paulding County home last year has 
slapped them with a lawsuit. Spray On Siding is a super coating that is 
supposed to last a lifetime.

In its complaint, filed Sept. 27 in federal court in Charlotte, Alvis 
Coatings says the Townsends' Web site, whose name is nearly identical 
to its own Web site, infringes on its trademark, engages in unfair and 
deceptive trade practices and unfair competition, interferes with its 
business relations and defames its product.

The company claims the Townsends are costing it business, spreading 
lies and being vindictive.

Craig Hartman, the chief operations manager of Alvis, said the lawsuit 
was a last resort after months of unsuccessful talks with the 
Townsends.

The company and the local contractor that applied the liquid siding 
made many offers, including putting new siding on their home, recoating 
it and paying for part of a new roof job.

"It appears to us the customer would rather complain than get it 
fixed," Hartman said. The suit seeks at least $75,000 in damages.

The Townsends sucked in their breath when the legal notice was served 
on them.

"We could lose everything," Alan Townsend said.

The couple weighed their chances. They thought, first, the fight was 
about more than just the concrete and two-by-fours and siding and 
shingles that make up the house.

"It's part of you. It's your home," Alan said.

Then, he said, the issue became bigger. It was about American rights to 
hold an opinion and say what you believe and not be steamrolled by a 
big company with more money.

They called two North Carolina lawyers who offered no comfort. They 
told the Townsends a suit like this could drag on for years, that the 
lawyers would need $40,000 up front to take the case, and that ongoing 
legal fees could financially ruin the couple.

Then, the Townsends wrote to Public Citizen, the personal-rights 
advocacy organization started by Ralph Nader.

Paul Levy, a Public Citizen attorney, is considering taking the case at 
no cost. Levy has won several successful court cases about a person's 
right to complain and the right way to complain about big companies on 
personal Web sites.

But he still is considering the other claims in the suit, such as 
interference with business relations.

"The trademark claim that has been made in these papers seems to me to 
not be a sound one, but I want to look at the nontrademark aspects of 
the case before I make any commitment of Public Citizen," he said.

Big improvement plans

The Townsends worked hard to save $50,000 to spend on improvements to 
their yellow single-story home. They are building a back deck with a 
hot tub and want to terrace the slope in their wooded back lot. They 
also wanted to paint.

Linda Townsend said they researched online and discovered liquid siding.

Alvis' advertising claims it is 10 times thicker than paint, has a 
smooth satin finish and endures like siding. It comes with a lifetime 
warranty against chipping, cracking and excessive fading.

It sounded like just what they were looking for, Linda said, even if it 
was more expensive than a regular paint job.

They contracted with Spray On Siding of North Georgia, the only local 
Alvis dealer, to paint their $138,000 home 13 months ago.

The company's owner, Jerry Caldwell, came out with a work crew to look 
over the house. It seemed like a good start, Linda Townsend said.

The Townsends soon complained to Caldwell that the workers missed spots 
they were supposed to spray and sprayed areas they weren't supposed to, 
such as the edges of shingles and windows, and left drips on the 
driveway.

Caldwell admitted that the work crew made some mistakes while applying 
the coating. He sent more workers out to attend to the details of the 
Townsends' complaints, finally recoating the entire house.

That left problem spots in the finish. Their porch railings are rough 
like sandpaper or look like the surface of an orange peel. The finish 
collects dirt and grime. Some downspouts were damaged, Alan Townsend 
said, and he says the thick coats stopped up their Gutter Guard 
gutters.

The Townsends also discovered that the bottom edges of their siding 
were not fully sealed. The edges swell during damp weather, and the 
coating is flaking in small areas.

"I want what I paid for," Alan Townsend said.

He said called Alvis to inquire about the lifetime warranty the company 
offers. He filled out a warranty complaint online. A customer service 
representative referred him back to Caldwell.

Hartman, the Alvis operations manager, said he was unaware that the 
Townsends had tried to pursue the warranty through them.

He said the bottom line for the company was that it and Caldwell had 
offered to replace the siding, recoat it and make other repairs, which 
exceeds what the warranty would cover.

But the Townsends said that wasn't enough. They want to pick the 
contractors to do the work, have an independent inspector approve it 
and have Caldwell post a construction bond.

"These are not reasonable people," Caldwell said.

Caldwell says his business practices are sound. "I've been in business 
for three years [with 387 customers] and look at the Better Business 
Bureau. I've had three complaints."

Actually, the bureau reports three in the last year, and two in the two 
years before that.

Two were repair issues, which were fixed. Two were contract issues, one 
of which was resolved. The bureau reports Caldwell made a good-faith 
effort to resolve the second.

Then there is the Townsends.

Complaints go public

As a way to take their complaints public, the couple started their Web 
site, www.spraysiding.com, in June. The company's Web site is 
www.sprayonsiding.com.

Alvis wants the Townsends to take down their Web site and sign a gag 
order as part of the deal to repair their house.

But the Townsends see the Web site as their only leverage.

The Townsends' Web site has put them in touch with others who have had 
problems with Alvis.

Two Georgians who contacted the Townsends have taken a step back from 
initial complaints because of the lawsuit.

Others remain vocal in their support of the Townsends, including Anna 
Venable of Knightdale, N.C. She has had a similar long-running problem 
with Spray On Siding of Raleigh, a different dealer.

The Better Business Bureau gives the dealer an unsatisfactory rating, 
with 12 complaints in the past three years.

"I feel so angry about this," Venable said. "On top of this, they sue 
[the Townsends] when they are just trying to get compensation for what 
they did."

Caldwell and Alvis have supporters as well. Caldwell provided a list of 
customers to the newspaper, even some with previous complaints.

Jane Layne of Cumming had her house done two years ago.

When some small spots of the coating bubbled up recently, Caldwell sent 
someone out to take care of it. When a leak caused them to have to tear 
out some of their exterior siding to make a repair, Caldwell sent a 
worker to recoat the replaced siding at no cost.

"I'm very pleased with the quality of work," she said.

Similar testimonials and complaints have appeared on the Townsends', 
Alvis' and Caldwell's Web sites, and a final resolution of who has the 
last online say seems headed to court.

"I'm not going to let them off the hook," Alan Townsend said.

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