Opinions & advice sought

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m1k3g

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I recently ordered a 10lb box of protein powder from a mail order company in Pennysylvania, based on a recommendation from a public forum that I frequent that their price was good and the product has a good nutritional profile. The box arrived via UPS on Friday, packaging was a plain cardbox box, with peanuts, with a smaller box inside containing a plastic bag with the protein powder inside. The inner bag has a puncture hole which was leaking the powder into the two other boxes and of course, leaking out all over.

The invoice from the company plainly states that 'problems with orders must be reported by the next business day'. I immediately emailed the company that there was a leak and followed up with a phone call, which appeared to go to an answering service. A few minutes later I got a call back from the business owner (I believe). My wife answered the phone & handed it to me with the comment that "This guy's got an attitude on" - she could hear from his voice that he was not happy.

Basically, what the man said to me was "We're not the manufacturer of that product, or the shipper, you need to contact them". His tone of voice was extremely rude. He also asked "What are you getting mad at us about?", because I had stated in my email that this was not exactly a very good shipment. Customer service? I don't think this guy has ever even heard the term. Realizing that I was not going to get anywhere with him, I said thank you & hung up.

I then went back to the forum where I had read about the company & posted a follow up item warning others of what to expect when dealing with this company. I also emailed a copy of my comments to the 'Customer Service' address of the company to let them know that I was not going to just ignore their lousy customer service. Later that night, the same guy calls my home again and leaves a message "You know that your comments are wrong and I'm going to sue you for libel, You will hear from our lawyers on Monday morning". He also sent back an email with the subject line 'NOTICE OF INTENT TO SUE' in which he states that I libelled him, his company, and all of the employees of the company by making false statements about the problem. He goes on to say that I will have to appear in court in Philadelphia as soon as a Judge can issue an order for me to do so, and that my wages can be garnished, my wife will be sued, etc..

Could there be any merit to these claims? I'm going to continue this in another post as there's definitely more to the story... Thanks
 
Opinions & advice sought - continued

Over the past 24 hours, I did some research on the company & the owner. It appears that he is an Ebay seller and has had other negative feedback, at least one of which he also responded to with the exact same 'NOTICE OF INTENT TO SUE' message (it's posted on the Internet). I also asked a few acquaintances for their opinions. I also went ahead and filed a claim with UPS for a damaged shipment to make sure I had covered all bases.

I then emailed the guy back stating that I didn't think he had any merit to file a libel (or any other type of) case against me or my wife just because I had disparaged his shipping methods, and voiced my opinion of his customer service in a public forum. His reply was 'You're not a lawyer, and you don't realize what you've done, but you made a big mistake and I'm going to sue you over it". My impression is that this individual makes a habit of trying to intimidate and bully customers into not complaining about him.

I would really like to; 1) Determine if this individual has any basis for the lawsuit, as he claims, and 2) Potentially sue the pants off him for the stress and undue harassment he has caused us. I'm floored that I could go from being a customer wanting to purchase items in good faith to the target of a lawsuit overnight.

I don't have a lawyer, never had a need for one (until now, I suppose), and I'm not looking to have to pay a lot of money to resolve this issue, but this situation is just not right and I feel like he should not have a right to treat anyone this way. I'm in the Dallas metropolitan area.

Thoughts, comments, and opinions are highly appreciated. Thanks
 
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