Montreal Gazette

Court sides with airline over complaint site

- DAMON VAN DER LINDE

A Montreal passenger-rights advocate says he will appeal a Quebec Superior Court order to take down the contact informatio­n of United Airlines senior management from a customer complaint site following a company lawsuit alleging harassment from disgruntle­d flyers.

Judge Louis Crête wrote that Jeremy Cooperstoc­k’s Untied. com website caused “unjustifia­ble damages” to several United Airlines Inc. employees who were contacted by angry passengers after finding the names, phone numbers and emails posted on the site.

Cooperstoc­k, a McGill University engineerin­g professor, claimed the airline was attempting to muzzle customer complaints by demanding the removal of publicly available informatio­n from his site.

“The limited cease-and-desist remedy applied for by United does not infringe on Cooperstoc­k’s freedom of expression,” wrote Crête in his ruling, published Tuesday.

In his plea, Cooperstoc­k indicated that the removing of the names and contact informatio­n as requested by United would force him to shut down his website, though he now says that he will keep it running, pending appeal.

“My intent is to keep the site operating, continuing to serve as a resource for the travelling public in exercising their rights against the airline that has the worst record of all major North American carriers in terms of mistreatme­nt of its passengers and employees,” Cooperstoc­k said in an email Wednesday.

Crête ordered the names and contact informatio­n of a United lawyer, Jessica Rossman, and manager Scott O’Leary be removed from Untied.com. As of Wednesday morning, however, they were still listed on Cooperstoc­k’s site.

The judge ordered Cooperstoc­k not to post the names and contact informatio­n of any non-customer service employee on Untied.com, with the exception of two vicepresid­ents, Brett Hart and Sandra Pineau-Boddison.

United was also ordered to inform Cooperstoc­k if Hart or Pineau-Boddison were replaced in these positions.

The airline giant sued Cooperstoc­k in 2012, alleging that his website resulted in the harassment of employees who were not in a position to directly help customers.

In June 2014, the Quebec Superior Court ruled against his motion for an early dismissal of the case.

The 20-year feud began when Cooperstoc­k had a negative experience with customer service after a United flight in 1996 and posted his complaint along with those he received from other passengers on his student website at the University of Toronto, where he studying at the time. United then filed a complaint with the university, accusing the site of copyright infringeme­nt for using the company logo.

In 1997 Cooperstoc­k set up Untied.com, which was designed to resemble the United website and over the years has posted more than 25,000 customer and employee complaints.

Cooperstoc­k and the United employees last appeared in court in April, where Rossman testified she received seven calls and emails in a single day, including one “extremely aggressive” call in 2012 comparing her to Hitler and was referred to the Houston police and eventually the F.B.I.

“Clearly that is harassment!” wrote Crête.

Cooperstoc­k claimed that since the people mentioned on his webpage were senior counsel, they would be in a better position to evaluate the legal consequenc­es of the complaints.

Crête also ruled that United may claim its legal costs for the proceeding­s, not including lawyer fees.

 ?? CHRISTINNE MUSCHI/NATIONAL POST FILES ?? Rights advocate Jeremy Cooperstoc­k says he will keep his United Airlines passenger complaint website running pending a legal appeal.
CHRISTINNE MUSCHI/NATIONAL POST FILES Rights advocate Jeremy Cooperstoc­k says he will keep his United Airlines passenger complaint website running pending a legal appeal.

Newspapers in English

Newspapers from Canada