UPDATED: James Victor Cherry responds, below:.
Earlier today, we relayed the information we were given by a local Uber management partner, that the idiot driver who thought he was Oprah, had been suspended – And, of course, King James says he was not suspended at all, only ‘punished’. While we’re not sure what ‘punishment’ a 10-99 contractual arrangement (aka Uber) could enforce other than a suspension (maybe James is calling it a vacation?), we’ll simply let you decide who to believe. And James, here is our response to you!
It all started with a letter from
Oprah James sent to our tipbox:
WHOA, buddy! Those are some mighty big words you are using there. Did you steal those from our ‘Legal/Butthurt‘ page, perhaps? Either way, let’s go over them in detail, so that we’re all on the same page. Ok, let’s start!
You claim that we have committed “blatant libel”.
Well, Oprah, we saved you the trouble of a google search, and landed on neutral and common legal site, alllaw, and thought we’d let you know that “In order to sue for defamation of character, it’s not enough that somebody express or publish a defamatory statement. There must also be real damage caused by the statement.”
You can read all about it on that link, but what that basically means is that we must have caused you to lose money by reporting that you were suspended. So if you were NOT suspended, then you were, by definition, able to make money with Uber during that time period, and therefore there was no financial loss. So were you suspended, or not? Because if you were NOT, then even if we did commit “blatant libel”, then you can’t even file the case as the bar for libel isn’t met. In fact we can say that you are the worst comedian who enjoys the company of strippers and there’s frankly not a thing you can do about it. Don’t believe us? Please call that lawyer – he or she will only tell you to shut up and stop talking and let this die out, because you can’t win, and you’re only causing yourself more harm by agitating the queen bees at EN News (oh yea, we’re a mostly all female staff, little known fact!).
What we failed to mention is that we DO have the report from an Uber employee that says you were in fact suspended. So whether that was for an hour, a day, a week, or you call it a vacation, all of this is a null point, because we simply reported on what a source provided us. So unless you are able to provide any other documentation to dispute that from Uber, then we simply have nothing further to discuss. If you would like to provide that documentation, or expand on what your ‘punishment’ (your word choice, not ours) was, we’ll be happy to update the post.
Oh, and one more thing, Dear
Oprah James… you added this little gem:
“We can avoid all of that on one condition. The articles involving myself and anything related to me need to be removed immediately and no mention of myself ever appear on your website again.”
We can make you this promise – that will NEVER happen. If we got something wrong, we’ll be MORE than pleased to issue an apology, or update any post, etc… simply provide us with such documentation proving your opinion, and we’ll happily oblige. As far as removing your name/email address/screenshots / etc… from our site, that simply will not happen. But thanks for playing, we did enjoy our interaction, but frankly this rideshare stuff is starting to bore us. Besides, we have enough rideshare stories in draft mode to fill any future rainy days, or if WE want to take a vacation.
In fact, we think we may name a weekly feature-ette after you, something about King James Oprah’s ride overshares or something – we’re still working out the namesake. But you will forever be on our tongues, and in our hearts, but most importantly, on our site.
Here is the original post this afternoon, that prompted our love letter from Oprah:
We received unofficial word from Uber this afternoon that Uber driver James Victor Cherry has been SUSPENDED for what he coined as “handing out 1-stars like Oprah”. While the company would not provide a statement for release, on condition of anonymity, a local management partner confirmed the suspension.
On the bright side: At least he didn’t abandon his passengers because they would not buy him pizza.
In case you missed it, he made a habit of giving riders 1-star ratings when they didn’t tip him for short rides, and considered them using the service for short rides an ‘abuse’ of the system. We don’t yet have word on how long he’ll be unable to rate a passenger, but we’ll update you as more information becomes available.
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