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Free Speech Issue - Can you really sue your critics?
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5/28/2010 2:52 AM (PST)

I recently read that Lee Smolinski, the CEO of Smart Travel Group in Florida, recently sued a well-known and respected travel writer for publishing lies (Mr. Smolinski's words) about his company. It seems that the writer published information that was released by the Florida Department of Finance that proved to be erroneous, and when the writer found out about it, he immediately corrected the error.
I'm not a Legal Scholar, but can you do that, or is it just another example of trying to silence your critics?

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5/28/2010 7:16 AM (PST)

If you Google "Palm Coast Travel" there is a link titled, "Palm Coast Travel sues a customer and me". Not only did the owner of Smart Travel Group, Ltd, Lee Smolinski sue a travel writer, but he sued his customer who he had sold illegal insurance to. And why did he sue his customer? Because he reported the matter to the authorities and wrote about it on a blog! I personally find this unconscionable and hope the BBB makes note of their member's actions. Consumers complain all the time about products, services, etc. but I've never heard of a company suing their customer - especially if the complaint is related to the company's illegal activities as this one is.

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5/28/2010 11:52 AM (PST)

While I know that the BBB can only work with information that they have, there is enough information available in the public domain to enable the BBB to establish a rating that won't fluctuate wildly. "NR" appears to be appropriate while charges are being investigated. At the same time, "A+" did not seem appropriate when published information has been available for some time concerning the fact that the company has paid fines for selling illegal travel insurance..and selling it without a license. There's also the matter of having the state of Florida issue a Cease and Desist order for selling illegal insurance.
I don't know what a correct rating should be. When a company has been sanctioned by a Government agency for their practices, "A+" certainly isn't appropriate, but at the same time, the actions of the company based on currently available provable information shouldn't result in them acquire an "F", as was assigned for some time to another large Travel agency on the West Coast of Florida who also sold illegal travel insurance.
I don't know what their current rating should be, but I hope that with your expertise, you'll come to a quick decision which will be fair to the company, but more importantly, fair to the customers who might be in the process of booking their "trip of a lifetime" with a US travel agency.

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6/1/2010 10:44 AM (PST)

The BBB has updated the rating of Smart Travel Group Ltd.. and listed the fact that Government Action has been taken against them. The company signed a consent order concerning the selling of illegal travel insurance. Their new rating is "B+".
Since Mr. Smolinski has blanketed the internet with press releases trumpeting his former "A+" rating, I wonder how long it will take him to make corrections on his website?

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