Dear Florida Window and Door Customers and Employees:
Several months ago Florida Window and Door filed a lawsuit against the Better Business Bureau of Southeast Florida and the Caribbean alleging deceptive and unfair trade practices, tortuous interference, and defamation. At the onset, my attorneys thought I was crazy for filing this suit and advised me that based on years of litigation filed against the BBB nationally that this case would be difficult if not impossible to win; as the courts have always dismissed cases against the BBB based on the defense that the BBB reporting of a company is a matter of opinion and as such is covered under the First Amendment.
On Friday I was notified that the court had rejected the Better Business Bureaus motion to dismiss our case against them. This is a landmark victory for our company as well as others that may be faced with similar situations in regard to the Better Business Bureau and their unjust rating system.
This decision by the court is not appealable by the BBB, so it allows our litigation to move forward, giving us the opportunity in the coming weeks to seek an injunction against our BBB report on their website as well as the right to discovery and depositions of the employees, and owners of the local BBB franchise.
With this ruling, Florida Window and Door has the opportunity to set the legal road map for future litigation against all BBB franchises by businesses who have been unfairly targeted by their local BBB franchise.
I want to thank all of you for your support as I recognize that we have all been negatively affected by the BBB and its malicious and unfair treatment of our company. However, I assure you that I will not rest until our BBB record demonstrates the hard work and dedication that we undertake at Florida Window and Door to satisfy each and every customer on a daily basis.
Thank you and I will keep you informed as this case progresses.
Scott Berman
President