Suit claims woman misled clients
Teen programs: The plaintiff says she used false information in her referral program for troubled kids
By Pamela Manson
The Salt Lake Tribune
Salt Lake Tribune
A Florida woman lured clients from a Utah competitor by pumping up her own credentials and posting false accusations about her business rival in an Internet chat room, using fake identities, a federal jury was told Monday.
Sue Scheff claimed a college degree she never earned and a staff of experts who never existed to persuade parents to come to her for referrals to treatment programs for their troubled teens, attorney Fred Silvester said in opening statements. The trial is over claims in a lawsuit filed by the St. George-based World Wide Association of Specialty Programs (WWASP).
"We will contend that's false advertising," Silvester told jurors in U.S. District Court in Salt Lake City.
But a defense attorney said Scheff believed her criticisms were accurate, based on news media accounts of problems at WWASP facilities and stories from other parents. Richard Henriksen agreed his client made mistakes in the wording of the web site of her company, Parents Universal Resource Experts Foundation (PURE), but said they were honest errors by a business novice.
"She is a mother and she cared enough to make a difference," Henriksen said.
WWASP is seeking unspecified damages from Scheff and PURE under a federal law that requires advertising to accurately reflect services offered by a business and those of competitors.
Both WWASP, which provides support and public relations services to six residential treatment programs, and PURE make referrals to families and collect payment from schools when students are enrolled based on their recommendations.
The Utah company filed suit in 2002, shortly after a series of derogatory comments were posted in a chat room about its schools, including an accusation that negligence at one WWASP facility led to the death of a teen. Scheff later acknowledged that she made postings under different names, but said her comments were based on true stories. She also said she used pseudonyms to protect the privacy of the individuals whose stories she told.
Henriksen told jurors on Monday that Scheff once was a supporter of WWASP but changed her mind after her own daughter's negative experience in 2000 during a stay at one of its schools. After she removed the teen from the treatment facility, Scheff became aware of television news shows and newspaper articles probing allegations of negligence and other problems at WWASP schools, he said.
The attorney added that Scheff has a First Amendment right to speak up about what she's learned about WWASP.
The trial, before U.S. District Judge Paul Cassell, is expected to last a week.
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The testimony and the evidence have saved PURE from having to pay WWASP for lost business. I guess PURE gets to keep the money it has made off of the placement of teens in programs. Way to go PURE. Pat yourself on the back...you deserve it :smile: Better your pockets than theirs :smile: