Filing # 75523158 E-Filed 07/25/2018 07:11:56 PM

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

FREDRICK JAMES, LLC

'

Plaintiff, ‘

CASE NO.: 17-005031-CI

V.

RONALD D. EDWARDS, an individual;

and JOHN DOE 1-3
Defendants. _

AMENDED COMPLAINT
Plaintiff, FREDRICK JAMES, LLC, a Florida limited liability company, by and

through its undersigned counsel, hereby sues Defendants, RONALD D. EDWARDS, and

JOHN DOE 1-3 and states as follows:

NATURE OFT HE ACTION

1. This is an action for recovery of money damages afid permanent injunctive relief

resulting from Defendant Edwards’ indebtedness to Plaintiff and, after Plaintiff requested

payment by Defendant Edwards of said indebtedness, Defendant Edward’s extortionate threat

and actions to conspire With Defendant John Does 1—3 _to publish false afid defamatory statements

about Plaintiff (the “Statements) resulting in defamation of Plaintiff and disparagement of

Plaintiff s reputation.

2. As a direct result of Defendant’s actions, Plaintiff has suffered and will continue to

suffer substantial and irreparable damages, as further described herein as well-as harm and ‘flltUI‘G
‘

hm to its business reputation.

GENERAL ALLEGATIONS

3. The amount in question exceeds $15,000, exclusive of costs, interest, and attorney’s

fees.

Page 1 of 12

***ELECTRONICALLY FILED 07/25/2018 07:11:55 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
 4. Plaintiff, FREDRICK JAMES, LLC (“Fredrick James”), is a Florida limited liability

company with its offices located in Pinellas County.

5. Defendant? RONALD D. EDWARDS (“Edwards”), is a resident of Pinellas County.

6. Plaintiff does not know the true names of capacities, Whether individual, associate,

corporate, or othefwise, of the Defendants sued herein as JOHN DOE 1-3 (the “Doe

Defgndants”), who published false and damaging Statémen’ts about Plaintiff using {he online

profile names, “Harlon Richards”, “Juan Capasso Pinto” and “Vince Patton” and Plaintiff

therefore sues the Defendants by such fictitious names. The Doe Defendants’ precise location

and actual identity are currently unknown to Plaintiff. Plaintiff will amend the Complaint to state

the true names and capacifies of the Doe Defendants once this. information is discovered.

7. Venue is appropriate in Pinellas County as the Plaintiff and Defendant Edwards

Vreside and do business in Pinellas Couhty.

‘

FACTUAL ALLEGATIONS

8. Fredrick James is a Florida accounting firm providing accounting, tax and consulting

services to its clients.

9. In May 2016, Edwards initially engaged the services of Fredrick James .to prepare his

2007 and 2008 income tax returns and, as necessary, communicate with taxing authqrities. For

those services, Fredfick James invoiced Edwards and those invoices were paid in full.

’10.
On May 24, 2017, Edwards met with Fredrick James’ employee Joe Dolan as

Edwards had been contactéd by an IRS Revenue Officer with regard to unfiled income tax

returns and unpaid income taxes for tax years 2009 through 2016. To that end, Fredrick James

prepared an engagement letter dated May 26, 2017, pursuant to which Edwards engaged Fredrick

James to represent him before the IRS. That engagement letter called for a retainer of $7,500.00

Page 2 of 12
and specifically informed Edwards that services rendered by Fredrick James would be charged

on an hourly basis. In a telephone conversation betweefi Joe Dolan and Defendant Edwards, Joe

Dolan Edwards would be on an hourly

'

also explained to Defendant that services billed basis.

11. On May 31, 2017 Edwards signed the aforementioned engagement letter, a copy of

which is attached hereto as Exhibit “A.” Thereafter, Defendant Edwards paid Fredrick James

the refiuired retainer and Fredrick James rendered services in accordance with the engagement

letter.

12. Fredrick James sent Defendant Edwards monthly invoices detailing the services

rendered on an hourly basis. Edwards did not complain about Plaintiff’s services until he was

informed in July 2017 that the retainer had been depleted and an additional amount was due.
’

13. On July 18, 2017, Defendant Edwards falsely informed Fredrick James that he was
I

told by Mr. Dolan that the $7,500.00 retainer was actually a flat fee to Cover the entire cost of the

preparation of the income tax returns for eight years prior to and including 2016 and

Communications with the IRS. In fact, Fredrick James never agreed to a flat fee as falsely

asserted by EdWards but rather, consistent with the engagement letter and its invoices, rendered

services on an hourly basis.

14. On July 18, 2017, Edwards demanded a return of $6,500.00 of the retainer Fredrick

James had already earned. At that time, Edwards issued an extortionate threat in a text message

to Fredrick James to the effect that if the portion of the retainer he demanded was not retufned,

he would cause damage to Fredrick James’ reputation, referring to his “team of people overseas

that write & post reviews about bfisiness online for my clients.” A copy of a printout of the

aforementioned text message is attached hereto as Exhibit “B.”

Page 3 of 12
 15. Fredrick James issued its July 19, 2017 invoice to Edwards for $2,079.38 due above

the $7,500.00 retainer.

16. Thereafter, in funherance of his extortionate threat, Edwards commencéd a false and

malicious campaign to damage the reputation of Fredrick James consisting of first, to Plaintiff’s

present knowledge, on or about July 21, 2017, posting a negative review on Google.cpm (a copy

of therwritten review is attached hereto as Exhibit “C”), which publication is located at the

following
'

~ URL:

httpé://www.google.com/search?q=fredrick+james&oq=fredrick+james&aqs='chrome..69iS7j012

j69i6013.4775jOj7&sourceid=chr0me&ie=UTF—8#1rd=0x8....

17. On or about July 24, 2017, Edwards posted a negative one-star review on the Fredrick

of,
James’ Facebook page in substance identical to the review he posted on Google.com, a copy

which attached hereto as Exhibit “D”), which publication is located at the following URL:

https://Www.faceb00k.com/pg/FredRick.JamesAccounting/reyiewsfi

18. Next, Edwards filed a false complaint with the Better Business Bureau on or before

July 25, 2017. A copy of that complaint is attached hereto as Exhibit “E.”
19. Edwards then posted a July 25, 2017 Video and written post containing :false,

misleading and defamatory Statements about Fredrick James on Youtube.com (a copy of the

written post is attached hereto as Exhibit “F”), which publication is located at the following

URL: http://WWW.Y0utube.com/watch?v=mXBHGDecSCo.

20.Next, Edwards posted a tweet on Twitter.com on July 25, 2017 under username

@MonéterResource calling Plaintiff a “Scam” and a “Ripoff” with. a link to the Youtube.com

Video attached hereto as Exhibit “F” (a copy of the tweet is attached hereto as Exhibit “G”),

which publication is located at the following URL: https://twitter.com/MonsterResource.

Page 4 of 12
 21. In addition, on July 27, 2017 Edwards posted a false, misleading and defamatory

Statement on a website known as “Ripoff Report,” a copy of which is attached hereto as Exhibit

“H,” which publication is located at the folloWing URL:

‘

http://www.rip0ffreport.com/feports/fredrick—james—accounting-taX—consulting/clearwater—

florida-33764/fredrick—james—‘accounting-tax—consulting—i-got¥scammed-by—fr¢drick-james—

accounting-0f-1388606.

22. On a date believed to be in or about the last week of July 2017, Defendant Edwards

posted a false, misleading and defamatory Statement on a website known as

“PissedOffConsumer,” a copy of which is attached hereto as Composite Exhibit “I,” which

publication is located at the following URL: https://fredrick-james—accounting-tax-and-

consulting.pissedconsumer.c0m/i-paid—7500—for—tax—prep—all-i—got-were-invoices-t0ta11ing—9800—

201707291081067.htm1. Thereafter, Defendant Edwards and those acting in concert with him

fiublished another false and defamatory comment on “PissedOffConsumer,” a copy of which is

attached hereto as Composite Exhibit “1,” which publication is located at the following URL:

https://fredrick—james—accounting—tax-and—consulting.pissedconsumer.cofn/i-paid-7500-for—tax—

prep—all-i-got—were-invoices—tétalling—9800—20 1 707291 0 81 067.htm1.

’

23. On or about the first week of August 2017, Defendant Edwards posted another

misleading one-star review on the Fredrick James’ Facebook page claiming that it would cost

over $34,000 to get his tax returns done. A copy of which is attgched hereto as Exhibit “J,”
I

which publication is located at 'the following URL:

I

https://www.facebook.com/FredRick.JamesAccounting/reviews/.

24. Plaintiff believes that Defendant Edwards also conspired with other individuals, the

Doe Defendants, to create fictitious former clients and publish bad reviews as if they were actual

Page 5 of 12
 former clients of Plaintiff The negative reviews published by Defendant Edwards and {he Doe

Defendants in July and August 2017 are the only negative at one-star reviews ever published.

online about Plaintiff.

25. On or about July 24, 2017, Defendant Edwards and, upon information and belief, the

Doc Defendants, continued Edwards’ false and malicious campaign to damage the reputation of

Fredrick James by posting a negative one-star review appearing to be from a person named

“Harlan Richards” on Google.com. A copy of the written review is attached hereto as Exhibit
V

“K”, Which publication is located at the following URL:

https ://Www. goo gle. com/ search?q=fredrick+j ames&oq=fredrick+j ames&aqs=chr0me. .69i5 7j012

j69i6013.4775j Oj7&sourceid=chrome&ie=UTF—8#lrd=0x8.... Plaintiff has never had a client

named Harlon Richards and does not have record of any customer experience consistent with the

false' Statements in the review and therefore believes that this false and negative review was

posted at the behest of Defendant Edwards.

26. In August 2017, a false one—star Google review was. posted by one of the Doe
»

Defendants under the name of Juan Capasso Pinto. Plaintiff has not had’a client by that name

nor does Plaintiff have record of any customer experience consistent with the false Statements in

the review and therefore believes that this false and defamatory review was posted at the behest

of Defendant Edwards. A copy of this review is attached hereto as Exhibit “L”. The false

review has since beefi removed, but was published at:

https://www.google.com/search?q=fredrick+james&oq=fredrick+james&aqs=chr0me..69i57j012

j 691601 3 .4775j Oj 7&sourceid=chrome&ie=UTF-8#1rd=0x8....

27. On or about August 11, 2017, a false one—star Facebook review was posted under the

name Vince Van Patton, claiming that Plaintiff charged his mother $3000 to do a year’s worth of

Page 6 of 12
accounting. Plaintiff has no record of any. customer experience consistent with the false

Statements in the review and therefore believes that this false and defamatory review was posted

at the behest of Defendant Edwards. A copy of this review is attached hereto as Exhibit"‘M”,

which publication can be located at

https://mvw.facebook.com/Qg/FredRick.JamesAccounting/reviewsfl

28. Ifi this campaign, Edwards has been falsely disparaging Plaintiff causing harm to its

reputation and, at the same time, minimizing the extent of his serious income ta); issues

regarding Which Plaintiff rendered services in acCordance with the engagement letter.

29. The publications by Defendant Edwards’ and the Doc Defendants are false, malicious

and cast Plaintiff in a false light, solely as part of Edwards’ campaign to extort a refund if the

retainer earned by Plaintiff and in an effort to avoid having to pay the balance he owes Plaintiff.

My.
(BREACH OF CONTRACT)

30. Plaintiff re-alleges the General and Factual Allegations above and incorporates them as

if fully set forth herein.

31. Pursuant to the contract between the parties, Defendant Edwards owes Plaintiff

Fredrick James $2,079.38 plus interest from the date due.

32. Defendant has failed and refused to pay. the balance due, as a result of which he has

breached the contract causing Plaintiff to suffer damages as a direct result of said breach.

WHEREFORE, Plaintiff, FREDRICK JAMES, LLC, requests a judgment for damagés,

costs and interest in its favor and against Defendant, RONALD D. EDWARDS, for breach of

contract, as well- as for an award of attorney’s fees and costs, and any other and further relief the

Court deems juSt and proper under the circumstances.

Page 7 of 12
 mamages for

33. Plaintiff re—alleges the General

m
DEFAMATION-Libel and Libel Per Se)

and Factual allegations above and incorporates them as if

fully set forth herein.

in.
34. Defendant and those acting concert with him havé published defarhatory

statements ostenSibly regarding Defendant’s dispute with Plaintiff solely in a calculated effort to

impugn Plaintiff for its refusal to pay Defendant money to which hé is not entitled.

35. Defendant published false and defamatory statements to the effect tha‘t Plaintiff had

agreed to provide services to him for a flat fee notwithstanding the language in the written

agreement he; signegi stating that Plaintiff’s services would be charged, and were charged, on an

hourly basis. Defendant engaged in defamation of Plaintiff in a manner calculated to impugn

Plaintiff in unjustified retaliation for Plaintiff’s refusal to pay Defendant money to which he is

not entitled.

36. The Statements constitute libel per 56 as they are false, defamatory, impugn Plaintiff” s

reputation and injuriously affect Plaintiff in its trade and profession.

37. Upon information and belief, Defehdants acted with malice in writing and publishing

the Statements because they knew the statements at issue and the impressions created were false

or they‘ acted With reckless disregard to their falsity. Upon information and belief, the

Statements were specifically published for the purpose of damaging Plaintiff’s reputation and

injuring Plaintiff in itsrtrade, business and profession.

38. As a direct and proximate'result of the Statements’ publication, Plaintiff has suffered

damages, significant reputational harm, loss of capital and revenue, lost productivity, expenses

'

and loss of intangible aésets.

Page 8 of 12
 WHEREFORE, Plaintiff, FREDRICK JAMES, LLC, requests a judgment for damages,

costs, and prejudgment interest in its favor and against Defendant, RONALD D. EDWARDS, as

well as for any other and further relief the Court deems just and proper under the circumstances.

COUNT III
Qniunctive Relief for DEFAMATION-Libel and Libel Per Se)

39. Plaintiff re—alleges the General and Factual allegations above and incorporates them as if

fully set forth herein.

40. Defendant and those acting in concert with him have publiéhed defamatory

statements ostensibly regarding Defendant’é dispute with Plaintiff solely in a calculated effort to

impugn Plaintiff for its refusal to pay Defendant money to which he is not entitled.

41. Defendant published false and defamatory statements to the effect that Plaintiff had

agreed to provide services to him for a flat fee. notwithstanding the language in the written

agreement he signed stating that Plaintiff’s services would be charged, and were charged, on an

hourly basis. Défendant engaged in defamation of Plaintiff in a manner calculated to iIfipugn

Plaintiff in unjustified retaliation for Plaintiff’s refusal to pay Defg’ndant money to which he is

not entitled.

42. The Statements constitute libel per se as they are? false, defamatory, impugn Plaintiff s

reputation and injuriously affect Plaintiff in its trade and profession.

43. Upon information and belief, Defendants acted with malice in writing and publishing

the Statements because they knew the statements at issue and the impressions created were false

or they acted with reckless disregard to their falsity. Upon information and belief, the

Statements were specifically published for the purpose of damaging Plaintiffs reputation and

injuring Plaintiff in its trade, business and profession.

Page 9 of 12
 44. As a direct and proximate result of the Statements’ publication, Plaintiff has suffered

significant reputational harm, loss of capital and revenue, lost productivity, expenses and loss of

intangiblé assets.

45. Plaintiff has and will continue to suffer irreparable harfil if Defendant is not enjoined

to remdve the false publications 6n the Internet as set forth above and from continuing to engage

in conduct of the nature described above.

46. There is no adequate remedy at law because Defendant’s defamatory conduct has no

bounds and is of a continuing nature.

47. There is a substantial likelihood that that Plaintiff will succeed on the merits of this

matter as it is clear Defendant engaged Plaintiff, in a document signed by Defendant, to render

services to be billed on an‘hourly basis and that Defendant has engaged in defamatory conduct.

48. Consideratién of public interest supports entry of the injunction sought herein

because extortionate conduct is and should be disfavored.

‘

49. Civil Remedies under Florida Statute §812.035(1) and (1)(b) provide that the Court

may “enjoin Violations of the provisions of §812.012~812.037” Florida Statutes and even impose

“reasonable restrictions upon future activities”. §812.035 Florida Statutes.

WHEREFORE, Plaintiff, F REDRICK JAWS, LLC. hereby respectfully requests that this

>
Honorable Court enter a judgment against Defendants, jointly and severally as follows:

a. Issuance by this Court of an Order decreeing that the Statements about Plaintiff

are false and défamétory;

b. Injunctive relief that the Defendants are:

i. prohibited from creating or publishing statements about Plaintiff, its

employees, business partners, attorneys, agents, servants, representatives,

Page 10 of 12
 products, goods, or services which defame, disparage, or contain libelous
statements about Plaintiff; and

ii. ordered to take all actions necessary to remove all of the Statements
published from the Internet, including but not limited to, requesting
removal of the Statements from the websites where they are posted on the
'

Internet;

0. Costs of this action; and

d. For any and all other relief as this Court may deem just and proper.

COUNT IV
C ONSPIRAC

50. Plaintiff re-alleges the General and F acfual allegations set f011:h above and

incorporates them as if fully set forth herein.

51. Defendant Edwards and the Doc Defendants knowingly and willfully conspired and

agreed among themselves to unlawfully post false and defamatory reviews about Plaintiff for the

purpose of damaging Plaintiffs reputation and injuring Plaintiff in its trade, Business and

profession.

52. In furtherance of the conspiracy, the Doe Defendants published false and defamatory

negative reviews about Plaintiff under fictitious names at the behest of Defendant Edwards,

describing events that never occurred.

53. As a direct and proximate result of Defendants’ participation in, and furtherance of,

the conspiracy, Plaintiff has suffered damages.

WHEREFORE, Plaintiff, FREDRICK JAMES, LLC, requests a judgment for damages,

costs and interest in its favor and against Defendant, RONALD D. EDWARDS and the DOE

DEFENDANTS, for civil conspiracy, as we11_as for an award of attorney’s fees and costs, and

any other and further relief the Court deems just and proper under the circumstances.

Page 11 of12
 (a.
Dated thiszfday of July, 2018.

By:
finjanfififiillard,
Amy E.
/
HILLARD CUYKENDALL & ALLRED, P.A.

Esq’uire

Cuykendall, Esquire
Alexander R. Allred, Esquire
13143 66‘“ Street N.
FL Bar No. 0764361
FL Bar No. 010347
FL Bar No. 0100892

Largo, Florida 33773

Telephone: (727) 536—8882
Fax: (727) 536—7739
Service Email: HCAEService®gmaiLcom
Attorneys for Plaintiff

Page 12 01°12
 Filing # 75523158 E- Filed 07/25/2018 07:11:56 PM
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Documenttitle: Ripoff Report |

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Capture URL: httpszl/www.ripoffreport.com/reports/fredrick-james-accounting-tax—consulti james~accounting-tax-consulting—i-got~. ..

Capture timestamp (UTC): Fri, 29 Jun 2018 20:53:49 GMT Page 1 of 6

***ELECTRONICALLY FILED 07/25/2018 07:11:55 PM: KEN BURKE, COURT, PINELLAS COUNTY***
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Doeument title: Ripoff Report |

Fredrick James Accounting Tax &amp; Consulting Complaint Review clearwater, Florida

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