Update on the Veterans Day RainSoft Trial (or the answer to: "Where did you go?")

This will be a quick article today. My wife is away to meet with her active duty colleagues and her veterans at their annual Veterans Day meeting. It's actually the second weekend in a row where she travels and meets her veteran friends. Yesterday, with the children who do not go to school, I have been in full-time SAHD mode for a few days.

In recent years, I wish to inform you of the lawsuit brought against me by a company called RainSoft. It all started when I wrote about a RainSoft sales presentation containing a script that surprised me when my wife booked a home water test.

I think it's common knowledge that when you're sued, your lawyers suggest you do not say anything. It's a bit like this part of the Miranda raids where you say, "Everything you say will be used against you by a court." It's extremely difficult because this blog tells the story of my life. I should to be able to share one of the most interesting things in my life, right?

With this understanding, I want to share some information of what the other people wrote.[Note:All[Note:All[Note:Tous[Note:Allmy words on this article is my opinion and the words of other people are theirs and their lawyers.]

First, our court ruled, Opinion and Order, by William E. Smith, Chief Justice. Here is his conclusion:

The First Amendment deals with the sometimes contradictory impulses of freedom and equality, ensuring "respite", NAACP v. Button, 371 US 415, 433 (1963), necessary for an "unhindered, solid and broadly open" debate Sullivan, 376 US to 270: it protects us as we freely discuss how we should live and love, how to wage war and maintain peace, how to best govern oneself. And also, or almost, how to filter tap water with a limited budget. For this reason, and those mentioned above, summary judgment is granted [to Lazy Man] on all the plans.

(I've added emphasis.)

I won!

So, you might think that after hundreds and hundreds of hours I would have spent on that, it would be finally over. You might also think that I (or you, or anyone else) would have the freedom to write about "how to filter tap water on a limited budget".


Here is the point of view of a law firm based in Florida, New England. Blogger becomes the target of RainSoft:

We had previously reported a decision of the North Florida District Court finding that The Home Depot and RainSoft's collaborative use of home water testing were sufficient to support misleading and unfair conduct allegations. .

You can read more about their RainSoft class action here. I find it all too familiar because it seems to be an experience extremely similar to that of my family.

… RainSoft has started legally targeting private citizens who talk about it.

I am that simple citizen in case you could not guess.

RainSoft has now filed a notice of appeal with the US Court of Appeals for the first circuit, which means Brian will almost certainly have to continue to spend significant amounts of money on lawyers fighting the legal intimidation of RainSoft. Tactics such as those used by RainSoft against a private citizen simply for expressing his opinion about their deceptive marketing practices are regrettable and discouraging. Through his efforts, however, the limited and misleading nature of home water testing is revealed, as indicated by the many comments posted on his blog.

The law firm also states that I have a GoFundMe here, which is true. (Originally, I had written the GoFundMe for a different MLM Le-Vel business trial, which I also won.)

I hope you had a good weekend of the veterans day. My wife said she had some rest and relaxation (which she needed). For me, it was good to turn off the computer and spend some of those lost hours with the boys.


Note 2: The law firm article makes some mistakes which, in my opinion, may be important from a factual point of view. The term "magic show" was my wife's description of the sales presentation. These were not my words. In addition, my wife posted in the sample. My wife was contacted by a "RainSoft Affiliate Representative" who informed her that the test results were not up to par. (I was not part of the conversation, so I did not know the exact wording.) My wife booked the home water test, which I would call a commercial presentation. I was just there because I work at home.]