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A woman in Los Angeles is suing Toyota for $10 million over what some are calling a "terror marketing campaign" led her to believe she was being stalked. Amber Duick filed a lawsuit claiming that she had trouble eating, sleeping and going to work last year after receiving threatening e-mails for five days from a British "fugitive" writing her under the name Sebastian Bowler. He claimed to know where she lived and said he was heading to her home where he would hide from the police.
Terrifying, aside from the fact that Bowler never really existed (even though his supposed MySpace page still does). He was the product of a guerrilla marketing campaign for the Toyota Matrix, developed by the creative firm Saatchi & Saatchi.
A representative from Saatchi says the campaign was targeted at men who hate advertising -- "even the most cynical, anti-advertising guy." How that translates to stalking is beyond us, but perhaps worse is that a spokesperson for Toyota claimed that Duick "opted in" to the emails.
"The person who made this claim specifically opted in, granting her permission to receive campaign emails and other communications from Toyota," Toyota Spokesman Chad Harp wrote.
Hm. If we signed up for marketing emails and instead got a stalker (real or made-up), we'd probably sue, too. Would you?
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Saturday 17 October
By razzi
Toyota claimed that Duick "opted in" to the emails. hmmmm? So another words, if I open an e-mail from Toyota and I see something other than an "ad" And this person keeps sending me e-mail telling me what he's going to do. I know I would be scared too. What the devil kind of people are these folks to send out e-mails like that to begin with to scare a person like that?? even if I was a men, that's still sick! So you darn right I would go after them when I found out what it really was and who was doing it. And I hope she's gets every penny too. That's just not right at all.
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Saturday 17 October
By Smmie
Common knowledge dictates that you only open e mail from addresses you know. Do you sue the Nigerians for offering your 5 million dollars every frickin' week? It's your own fault for being gullible to BS.
Sunday 18 October
By nor cal amy
you're kidding right? the woman is over reacting, quit wasting the time of courts, thats why our litigious society is where its at with lawsuits being unaffordable for the average person, and actual legal processes taking an unjust amount of time. this woman is looking for easy money. sad how people like you don't get that. get angry cuz youre a retard that overreacts about advertising....so you sue? very sad.
Saturday 17 October
By Lynn
OK. First, does the name "Amber" sound like a man's name? Second, if she "opted in" to receive marketing advertisements, then how could they conclude s(he) was anti-advertising? Third, there's a huge difference between opting in for Toyota Products and being THREATENED PHYSICAL HARM by an unknown individual! Lastly, although the $10M is a ridiculous amount of $$ to ask for in what has become the over-abused American Litigation Lottery System, advertisers have no right to threaten, scare, or induce fear into people, wherefore, they should not only have to pay her for that (maybe $100k), but every single Individual who operated, managed and sent these emails should be criminally charged under Federal and State laws for making such threats!
When will the Citizens of this great country start holding CEOS, Managers, and Employees of these Companies LEGALLY and CRIMINALLY LIABLE FOR UNLAWFUL ACTS!?! If you did it, you can bet your bottom dollar you would be ARRESTED and CHARGED with stalking, intent to harm, or whatever law they could throw at you, so why in the hell do the Citizens of this country ALLOW COMPANIES TO GET AWAY WITH IT? Stupid, stupid, stupid!
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Saturday 17 October
By Shane
Obviously you cannot read! HER name is Amber, not the 'escaped' fugitive you numbnut!
Saturday 17 October
By grumpy
Ed, your time would be better spent looking for an apartment and moving out of your mammas basement.
Maybe then YOU will discover the real world.
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Saturday 17 October
By Keith
I am typically against lawsuites, because I feel most are unjustified and are only a way for losers to rape and pilage large companies; however, in this case, I hope Toyota is forced to pay up the $10,000,000.00. In fact, I hope the judge or jury rule in favor of more. This woman did not deserve this and regardless of her opting in or not, this was certaily an act of terror and was irresponsible and should have never happened. Why isn't this being broadcast on television? If anything could potentially help sell Amewrican cars and trucks, this could. I know I'll think of this story the next time I think about buying a car or truck.
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Saturday 17 October
By sandy
Keith - very good comment and I couldn't agree more! It was terrifying, I am sure. ABUSE of the advertising opportunities they have here in America. BUY AMERICAN!!!
Saturday 17 October
By Monique
Keith, you said "I am typically against lawsuites, because I feel most are unjustified and are only a way for losers to rape and pilage large companies".
It's not the companies that lose out over lawsuits. It us, the consumers. We pay higher prices to compensate for their loss.
Saturday 17 October
By David
I want to know how many people were targeted with this add. If she is the only one than the excuse of marketing is BS. This is not acceptable behavior for any one. I'm coming to your house and hiding out does not sell cars or trucks. I smell a cover up. This is cyber bullying by a company. Either the company can pay up or turn over the offenders for prosecution. I take either one as payment.
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Saturday 17 October
By cee
Keith, I had as medical malpractice suit where the court called the defendant doctor's testimony perjurious. My lawyer forced me to settle out of court and 3 weeks later this perjuror was nominated as Pa. secretary of health (Peter J. Jannetta 1995-1996) There was proof of negligence and malpractice and other issues. he had many suits against him but because the court system as well as the medical societies and the state said to him it was okay to commit malpractice he has hurt more people (based on people writing to me to tell me what he did to their loved ones, or themselves.)
Lawsuits are to protect people from the bad guys since no one else bothers to do it. 85% of med. malpractice is committed by 15% of doctors. If it takes lawsuits to get rid of these guys than that is what must happen (same for corporations)
My lawyer, someone I truested and had known in high school, Michael Fishbein, forced me to settle, despite my telling him the settlement was not acceptable. He had done no depositions, interogatoies or gotten the ptoper experts so I had to go along with the settlement. He told me, although he denies it, that "after doiing this for 20 years you lose your zeal for it." when I told him he was not acting as my advocate. Turns out while he had no 'zeal; for my case he was the lead diet drug Phen fen lawyer where he helped win a 54 million dollar settlement. he has been quoted since saying some of the plintiffs, who were in the class action suit and received money did not suffer damage.
He is the perfect anecdote for why there should not be class action suits and why there should be mediction for medical malpractice.
(By the way fee dispute gave me a small amount more and took away from his fee...and then wrote in their findings they had "found for the lawyer" so that he has no mark against him. No matter how you look at it the litigation system stinks as long as the people who take oaths to preserve it and its integrity behave like Michael Fishbein,
_____________________________________________________________
, "We have little difficulty in concluding that Dr. Jannetta's testimony at deposition was different than, or inconsistent with, the testimony at trial." Levy v Jannetta, CCP Allegheny County, GD 81-7689; appeal -J. A370017/92 Levy v Jannetta et al, No. 00150 Pittsburgh, 1992. settled, 1995
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Saturday 17 October
By deedee
I worked for personal injury attorneys and for counsel representing a major insurance company and from experience I can you that in the end every one loses. The attorney's fees and the settlement is passed on to the consumer. The only ones who truly benefit are the lawyers and the "expert witnesses." What happened to grace and mercy and forgiveness. Those people in Rwanda who suffered awful atrocities speak of forgiveness not vengeance. That's why this country is so messed up, no one wants to forgive. We are for ever seeking vengeance. Attorneys will go after "deep pockets" and companies cower because they don't want publicity and the bottom line is that they know they will pass the costs on the consumers of whatever goods or service. I have had many things happened to me or a family member that warranted lawsuits, but we chose forgiveness. We have been blessed beyond measure. This woman and her attorney are so selfish. They are thinking of their pockets. They are not thinking of the possibility of many people losing jobs, etc. There is more to joy to life beyond money.
Saturday 17 October
By Louisa M Rinaldi
This is surely as difficult to accept, sort out and take/or not take suit action on, who and where.
Ed, should watch who's toes or paws you steps on, You could almost sound like a Bowler yourself; and one living in the Dark ages, far from from today's day and age of high tech. which brings it bads along the good.
Let the young woman have here day in court and in this country with the great justice sytsem, and the people who honestly sit in that court rooms, she may just win her $lottery#. I know I would do the same, The world is trying to come together, and still stay independent . . .Freedom isn't Free~Give Peace a chance.
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Saturday 17 October
By adam
ummmmm, again somone was so scared and affected by the actions of another but she didn't call the police? she just all the sudden realized she wanted to sue and see what she could get.
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Saturday 17 October
By cee
Mike, your prejudice is showing. Saatchi and Saatchi is an American firm, Has been in business for very long time. This is definitely beneath them.
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Saturday 17 October
By adam
and its good to know the whole story. A personal friend had to sign her up to be pranked..... again she didn't call the police with a name and all the info she had? shady...
Last year, online ads -- since pulled -- asked surfers: "Want to prank a friend? It's easy. Tell us a little about them. Then pick one of our four maniacs to mess with their heads through personalized text, e-mails, calls, videos for five straight days."
For Amber Duick, that meant e-mails from fictitious 25-year-old British soccer hooligan Sebastian Bowler. Stating that he knew her and citing her address, Bowler said he was en route with pet pit bull Trigger to crash on her couch and lay low until some recent unpleasantness with police died down.
"Trigger don't throw up much anymore, but put some newspaper down just in case," one of the e-mails said. Others referred to gargantuan alcohol use and a trashed motel room. A final e-mail, the ninth, announces the victim has been "punked." Good fun. Would she care to buy a Matrix?
"My client was terrified," her Los Angeles lawyer, Nicholas Tepper, told Advertising Age, a sister publication of Automotive News. "She slept with a machete next to her bed and she slept with Mace. She could barely sleep or eat normally."
The suit says Duick "became physically ill" because she was convinced "a disturbed and aggressive" stranger was on his way to her house.
A Toyota spokesman told Advertising Age the automaker doesn't comment on pending litigation. Kurt Ritter, chairman of Saatchi's West Coast operations, did not return an e-mail or phone call seeking comment.
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Saturday 17 October
By Joe
This is B*LL*hit....These stories are created to "stoke" the rabid imagination of "middle america" (who else could be so ignorant). The most arrogant, ignorant people today are the 20-30 something WHITE FEMALES...Get a life...you ARE NOT a minority or discriminated against....get the chip off your shoulder. Yeah...sorry, I'm a white, 30-something with a PHd....yeah...saw that coming... 5"10", 160 lbs., blonde, green eyes, married 9 years, 2 kids, gym built, HOT...STOP looking for excuses...accept REALITY!!! I hope that saves some of you from bothering to type :)
Saturday 17 October
By cee
Saturday 17 October
By robNeutralReportPositiveNegative
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women are scared of everything, they think the boogie mans behind every tree, women are weird that way
Ask your mother, sister, aunt, women friends (if you have any) about their experiences where they have been accosted, harrassed, or even worse. Sadly, it is a small number who have not been victimized in some way, little to the most hoprrendous. We are on guard for very good reasons.
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Saturday 17 October
By Lotte
You are so right! Years ago I was spending the night with a friend. While sleeping, a "friend" of her boyfriend came into the room and assaulted me...authorities said they couldn't do anything because I "chose" to be there - excuse me?
Some years later my home was broken into while I was out. Fortunately they only got part of the stereo, thanks to observant neighbors. However, two weeks later they were back, WHILE I WAS HOME. It was obvious - car outside, lights on...fortunately I keep a .22/.410 over/under...I aimed it at the door they were trying to force, shouted, "I have a gun and I know how to use it", and it was laughable how quickly their feet hit the ground running! I never had another problem at that place!
So, yeah, many of us have reason to fear (less with my trusty little friend), and those who haven't experienced anything hear what happens to the rest of us! When we are no longer "targets" maybe we'll stop being "scaredy-cats"!!
So, for those jerk-offs posting that ca-ca, take a hike, you're idiots!
Saturday 17 October
By donna
spoken like a true idiot!... hey Cee... I'm not afraid of anyone breaking in my door because if my dog doesn't grab their juggular, I'll be happy to shoot them where they stand. I only hope you have an eye opening experience one day so you'll stop judging the female population at large. Does your mother know you say crap like this...what a moron.