Woman Sues Toyota Over 'Terrifying' Prank
Lawsuit claims woman believed she was being stalked.
Oct. 9, 2009— -- A Los Angeles woman is suing Toyota for $10 million over a marketing campaign that she claims "punked" her into incorrectly believing she was being stalked.
In a lawsuit filed Sept. 28 in Los Angeles Superior Court, Amber Duick claims she had difficulty eating, sleeping and going to work during March and April of last year after she received e-mails for five days from a fictitious man called Sebastian Bowler, from England, who said he was on the run from the law, knew her and where she lived, and was coming to her home to hide from the police.
There was even a fictitious MySpace page reportedly created for Bowler.
Although Bowler did not have Duick's current address, he sent her links to his My Space page as well as links to video clips of him causing trouble all over the country on his way to her former house in Los Angeles, according to the lawsuit.
"Amber mate! Coming 2 Los Angeles. Gonna lay low at your place for a bit till it all blows over," the man wrote in one e-mail.
Duick's attorney said the marketing company went so far as to send Duick a bill for damages the fictitious man supposedly made to a hotel room.
"Amber, ran into a little problem at the hotel," a note with the invoice stated. "After I'm done visiting you, I'm going to go back and sort out that front desk Muppet."
The alleged harassment lasted five days, according to the suit, and frightened Duick so much she contacted neighbors, friends and family, and the occupant of her former home about the man she feared was coming to visit. Her attorney declined to comment as to whether or not she called the police. She even made her longtime boyfriend sleep with a club and mace next to the bed for protection.
"As a result of the e-mails, [Duick] found it extremely difficult to work, and her job performance suffered," the complaint said. "[She] was unable to perform her job duties at standard levels."
It turns out the prank was actually part of a marketing effort executed by the Los Angeles division of global marketing agency Saatchi & Saatchi, which created the campaign to promote the Toyota Matrix, a new model launched in 2008.
Tepper, Duick's attorney, said he discussed the campaign with Toyota's attorneys earlier this year, and they said the "opting in" Harp referred to was done when Duick's friend e-mailed her a "personality test" that contained a link to an "indecipherable" written statement that Toyota used as a form of consent from Duick.
Tepper, said that during those legal negotiations, Toyota's lawyers claimed Duick signed the written legal agreement, which they said amounts to "informed written consent."
"So if [Duick] signed something, she's informed that she's signing 'A,' but in fact she's signing something else," Duick's attorney said. "It's written and it is consent, but you're not informed about the thing that you're actually signing up for? "It didn't say someone was going to be stalking my client. It was premised upon keeping my client in the dark, upon fooling her that these e-mails were real."