A Million Little Fraudlets?

It’s already happened, and we knew it was going to…Chicago’s Dale and Pakenas law firm has filed a suit on behalf of reader Pilar More, who pronounced herself “cheated” when she discovered that author James Frey had lied about his experiences in the book “A Million Little Pieces.” Okay….and the theory behind this move (which the firm hopes will be certified as a class action) is according to Thomas Pakenas … “consumer fraud.” Hmmm.  What exactly does Ms. More claim she has lost? Illusions? Time? Hope? Belief in a happy ending once she finished the book? If she enjoyed reading the book while she was reading it then she got what she paid for. Is she suggesting that Frey’s admission that he lied (if he has in fact done so–I found his statements on Oprah’s show this week somewhat less than forthcoming) have deprived her something she had when she finished the book? Well then, the publisher is offering refunds, or she could sell her copy of the book to someone else who might want to see what all the fuss is about. Note that today it’s still number 5 on the Barnes and Noble best seller list. (When did she buy it, and why? Did someone strongarm her? Is she naming that person as a defendant?)

I don’t even see an analogy between the “ads” on the front of Frey’s book claiming that it is a memoir (and suggesting that it contains truth) and, for example, a diet book (“The Paprika Diet: Lose Fifteen Pounds in Three Days By Putting Paprika on Everything: Guaranteed”) suggesting that if one follows the instructions one is likely to lose weight. Even if diet books don’t contain disclaimers most people understand that they don’t have any resource against the authors. Do they think that they can sue if they don’t lose the weight promised by the blurb on the back? Some folks have tried, suing both the Atkins people (See Gorran v. Atkins Nutritionals.) and Dr. Phil. And those plaintiffs may really have had some medical problem aggravated by the diets promoted in the books. But theories, even bad theories, are protected by the First Amendment. Now, one might argue that diet book authors believe in the diets they write about, and Frey didn’t believe in what he wrote. But that may not be entirely clear. At least, if I were his lawyer, I would try to argue it.

In any case, plenty of people may have a cause of action against Mr. Frey–his publishers and his agent, if he has one, first (although Frey shopped the manuscript for “A  Million Little Pieces” around for quite a while, and when he did, it was as fiction). Ms. Winfrey may also have a cause of action, based on some kind of reputational damage theory, although her lack of caution in continuing to back him after it became fairly clear that backing him was problematic was probably not a good idea. I just don’t see that Ms. More is one of those people.

Perhaps Frey’s lawyers might argue that by finding out he’s a fraud Ms. More has learned something valuable. Maybe that professional wrestling is fake, too.

Other blogs commenting on the lawsuit include Law Blog and Overlawyered.com