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Attorney Benjamin Edelman “Internet Sheriff” on ill-advised crusade
By: Patrick Maguire
Book Chapter: Customer Hall of Shame
Posted: 12/10/2014
The level of stupidity that service industry workers and owners encounter interacting with the public is astonishing. Last week a Boston restaurant owner and food truck operator shared the story about a woman who called and was irate because her nephew didn’t get the exact hamburger he wanted. Her nephew and his friend only paid $7.50 for two burgers (one was comped because of a communication error), but the woman demanded a $30 refund. I know, “fuzzy math.” He ended up sending her a $10 gift card to keep the peace. It never ends.
This one from Hilary Sargent at Boston.com is tough to beat. Attorney Ben Edelman took Sichuan Garden to task over a $4 “overcharge” on his takeout order, and in an email exchange, things got out of control. The email exchange was shared with Boston.com and suddenly it became a huge story.
I’ve reached out to Benjamin and the dean of the Harvard Business School (where he purportedly teaches negotiations) for comment.
From Ben’s website: “Ben holds a Ph.D. from the Department of Economics at Harvard University, a J.D. from the Harvard Law School, an A.M. in Statistics from the Harvard Graduate School of Arts and Sciences, and an A.B. in Economics from Harvard College (summa cum laude). He is a member of the Massachusetts Bar.”
Not a whole lot of common sense or street smarts from a guy with so many degrees
Ben Edelman (left) and Ran Duan (right)
By Hilary Sargent, Boston.com Staff | 12.09.14 | 3:28 PM
Ben Edelman is an associate professor at Harvard Business School, where he teaches in the Negotiation, Organizations & Markets unit.
Ran Duan manages The Baldwin Bar, located inside the Woburn location of Sichuan Garden, a Chinese restaurant founded by his parents.
Last week, Edelman ordered what he thought was $53.35 worth of Chinese food from Sichuan Garden’s Brookline Village location.
Edelman soon came to the horrifying realization that he had been overcharged. By a total of $4.
If you’ve ever wondered what happens when a Harvard Business School professor thinks a family-run Chinese restaurant screwed him out of $4, you’re about to find out. (Hint: It involves invocation of the Massachusetts Consumer Protection Statute and multiple threats of legal action.)
Surprised yet? We were, too.
In addition to teaching at HBS, Edelman also operates a consulting practice where he advises clients like Microsoft, the NFL, the New York Times, and Universal Music on “preventing and detecting online fraud (especially advertising fraud).” (That’s from Edelman’s own website, which it seems safe to presume is always kept up to date.)
He graduated summa cum laude from Harvard College. He has a Ph.D. in economics from Harvard University, and a law degree from Harvard Law School.
Ran Duan moved to the U.S. from China when he was 3-years-old. His father had hoped to support the family with a career as an opera singer, but when that didn’t pan out, Duan says “like all Chinese families we decided to open up a restaurant.”
Sichuan Garden opened its doors in Brookline in the early 1990s. A second location followed in Woburn.
Despite the restaurant’s successful expansion, Duan admittted that Sichuan does not have the budget for teams devoted to public relations or a website that is updated as regularly as it should be.
Screenshot of Sichuan Garden’s website as of December 9.
“I personally respond to every complaint and try to handle every situation personally,” said Duan, who was profiled by Boston Magazine in June and featured in GQ Magazine last month as “America’s Most Imaginative Bartender.”
The exchange with Edelman stood out to Duan. “I have worked so hard to make my family proud and to elevate our business. It just broke my heart.”
Edelman told Boston.com that investigating pricing discrepancies by neighborhood restaurants isn’t something he does every day.
“I mostly look for malfeasance by larger companies,” he said. “It certainly seems like a situation that could call for legal redress. But this is a small business in the town where I reside.”
As for the troves of angry customers likely looking for recourse? Edelman pointed Boston.com to Massachusetts General Law, Section XV, Chapter 93A, Section 9. (Translation: If you didn’t pass the Massachusetts bar, but still feel as though you must do SOMETHING, then just gather all the receipts you’ve saved, along with all screenshots you took and saved of the website menu in case that dinner order ever ended up in court, find a lawyer whose fees aren’t likely to exceed the few dollars you’re seeking, and … voila?)
As for Edelman, he alerted town officials in Brookline about the matter, but told Boston.com he doesn’t expect them to take action. He plans to “take a few days” before deciding whether to pursue any further legal action against the restaurant.
Oh and the food? Edelman admitted: “It was delicious.”
3 Responses to “Attorney Benjamin Edelman “Internet Sheriff” on ill-advised crusade”
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Permalink | Posted in Customer Hall of Shame | 3 Comments »
Nobody likes to feel like they’re overcharged.
That said, it’s hard to believe this guy is a lawyer and yet exhibits such a blatant disregard for his own time. Seriously, was it really getting that worked up over $4?
One of the most valuable (if not most valuable) trait in a good attorney (and human being) is common sense. Edelman acts as a complete ass here. If I were a member of the MA Bar, I would recommend Edelman to the appropriate committee for sanctions. Perhaps nothing would come if it, but isn’t that Edelman’s point too? He knows nothing will come of this, but he badgers a small store owner for the sake of proving he’s more enlightened than the store owner. This is the modern version of pounding his chest to get the store owner to cower. I pray that some MA attorney will take the store owner’s case pro bono and then play Edelman’s charade out in front of a judge so the judge can see just how much of an idiot Edelman is being here. And if I were at Harvard, I’d ask that he be removed from the classroom for exhibiting indefensibly poor judgement. Edelman is nothing more than a bully who was likely teased as a little boy and now wants someone to pay. It’s sickening.
Oh…and I just read Edelman’s bio. If he actually had to work for a living, he might have a bit more understanding of what it takes to run a business…and a bit more empathy for those who endure self-righteous customers like himself. I hope the store owner refuses service to him from here on out.