When ePerks.com CEO Ben Behrouzi originally hired blogger Vlad Zablotzkyy of Go-Beyond-MLS.com to write a paid review of ePerks.com, he never expected the barrage of user complaints that were posted in the comment section of Vlad’s blog and he never expected the fallout that would occur when he threatened Vlad and sent him a Cease & Desist letter to take down the comments.
While it is not uncommon for CEO’s to be upset with criticism that their companies receive, it is highly unusual, perhaps unheard of, for CEO’s to follow the path that Ben Behrouzi has in single handedly destroying his reputation, brand and likely becoming liable for slander and defamation. The secondary effect that is as the story continues to grow it only serves to increase his exposure to growing murmurs regarding a Class Action lawsuit by dissatisfied ePerks users. To date: 8 of the top 10 results in a Google search for “eperks.com”and likewise “ben behrouzi” point to content that has negative commentary or comments about ePerks and ePerks CEO Ben Behrzouzi.
This morning, Vlad Zablotzkyy was served with a civil action from Brabus Ventures Corporation (ePerks parent company, owned by Behnam Behrouzi) claiming unspecified damages for posting information on his blog about a false child molestation allegation that was made against him. Vlad made no accusations but simply presented anecdotal evidence indicating that ePerks was possibly linked to the false charges. The evidence showed that user names used by the person posting false child molestation allegations matched user names used by persons leaving comments on Vlad blog originating from ePerks.com corporate IP address.
Fluff. The purpose of a Cease & Desist letter is to forewarn of pending legal action in lieu of compliance. When legal action is taken, the actions should be consistent with the items cited in the Cease & Desist letter if they have validity.
Break down of Specific Complaints in ePerks C & D Letter vs. Actual Complaint:
- C & D: “Your only goal is to cast ePERKS in a negative light for personal gain…………your blogs deceptively fail to inform the reader that you are motivated by an undisclosed proprietary interest in an ePERKS competitor.” Not Included in Complaint.
- C & D: “Having researched the content of your blogs, we have come to conclusive proof that a substantial number of your postings are bogus, in that they frequently describe experiences that never happened and people who do not exist.” Not Included in Complaint.
- C & D: “Our research also shows that negative remarks are not only invited, but are posted without a challenge.” Not Included in Complaint.
Central Complaint:
“Defendant Zablotskyy published an accusation on his blog website that plaintiff was responsible for an anonymous internet posting alleging that defendant was a child molester. Said post by defendant is attached hereto as Exhibit “A”. At the time the Exhibit “A” post was published, defendant had no reasonable basis to accuse plaintiff, or its internet name ePERKS.com of being the author of the child molester post.”
Stupidity. ePerks is going after Vlad for accusing them of being behind the child molestation allegation on Yahoo Answers. The fact is that Vlad did not accuse them as such, he simply presented anecdotal evidence. The irony is that the single piece of information that will confirm what IP Address the Yahoo Answers post originated from and will likely invalidate ePerk’s complaint is one subpoena away and is the also the single piece of evidence that will provide Vlad with an airtight Libel and Defamation case against ePerks should it link ePerks to the allegation.
On June 5th, one day after ePerk’s complaint against Vlad was filed, BrokerScience laid out the connection between ePerks and the Yahoo Answers child molestation post. While the link will only be definitive once Yahoo is subpoenaed, the anecdotal evidence points strongly to ePerks. One thing is for sure, it is very likely that Ben Behrouzi and company are panicked in light of the IP Address link to ePerks presented by BrokerScience only one day after their complaint was filed.
If ePerks was so unhappy with Vlad’s assertions, how will they feel about ours? Will BrokerScience be served in the coming days? Our fingers are crossed. An ePerks case against BrokerScience all but guarantees the story goes national, gaining exposure to Vlad’s plight and consumer complaints against ePerks.
Community Reaction: Greg Swann at BloodHound has established the Vlad Zablotzkyy Defense Fund.
Support Vlad Zablotskyy’s Defense Fund
Defend your own right to free speech!
The Complaint:
Related Stories:
Original BrokerScience Eperks Case Study
Ben Behrouzi Updates Company “Values” and “Culture” Web Pages. Only One Problem: They’re Stolen
ePerks.com Link to Vlad Zablotzkyy
BrokerScience Coverage of iHype.com Launch
ePerks CEO Ben Behrouzi Insinuates Legal Action Against BrokerScience, Cites “Damages”
BrokerScience Acquires BenBehrouzi.com
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June 15th, 2008 at 6:15 pm
You know Aaron Wall of SEObook once said one of the best ways to make a name for yourself is to get sued by a large corporation! Well played, sir.
June 15th, 2008 at 6:58 pm
ReBlogGirl: We have a standing policy on legal threats and C & D’s: we publish them!
June 17th, 2008 at 1:44 pm
Who cares. Blogs are for sissies anyway.