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Over the past few months, we’ve published forensic audits exposing ZivZo’s fabricated marketing metrics, questionable case studies, and troubling behavior toward franchisees. These weren’t opinions — they were backed by hard data, public court records, and documented evidence.
In response, Benson Fischer and his attorney Richard Schimel haven’t challenged a single fact. Instead, they’ve issued threats, tried to bury the truth, and have now filed a $6 million federal lawsuit against me.
Now, they’re accusing me of “moving the goalposts.”
Let’s be clear:
This situation exists because Benson attempted to silence scrutiny, not because I’ve done anything wrong.
About That Email
Benson’s latest message says:
“You got your pound of flesh… remove the post, and everyone can live happily ever after.”
That’s not how journalism works. That’s not how audits work. That’s not how free speech works.
Let’s look at what’s actually happening.
First, Benson claims he apologized to Nautical Bowls. A private apology, however, does not erase the fact that he had a financial conflict of interest—one he failed to disclose when demanding the removal of my posts. This is not about protecting a brand or a business reputation; it’s about suppressing criticism tied to undisclosed business incentives. Transparency is key, and so far, that has been missing.
Next, he accuses me of making escalating demands. The reality is that I have been consistent and clear in what I require for resolution. I have asked for a written admission of Benson’s conflict of interest, a public apology for the use of intimidation tactics—including threats of legal and criminal actions—and a full and permanent dismissal of the lawsuit. Additionally, I have made it clear that there will be no censorship, no transfer of domains that serve as factual archives, and no rewriting of public history. I will not agree to any gag orders or nondisclosure agreements because truth should not be silenced or hidden.
Finally, Benson says that my posts have hurt his business. If a factual audit, based on publicly available data, harms a business, the problem isn’t with the audit—it’s with the business practices themselves. Honest scrutiny is necessary, and anyone who cannot withstand it should reconsider their approach.
This Is a Pattern
This approach is not new to me. I have witnessed the same pattern countless times before. Initially, there are threats and demands for silence. When those don’t work, lawsuits are filed—not necessarily to seek justice but to intimidate and discourage further exposure. Then, when the facts remain unchallenged, the narrative shifts to paint the critic as the aggressor or victim.
However, I do not back down from this kind of pressure. I document everything meticulously and I speak carefully because I know that truth and evidence win in the long run. I have faced far louder and more aggressive opposition and have prevailed because my claims are rooted in facts.
What Happens Now
My terms and position remain unchanged. The facts have not shifted, and my commitment to transparency and accountability remains firm. Now that this matter has moved into federal court, the audit and all the claims will be part of the legal record, subject to discovery and scrutiny that will bring even more clarity to the truth.
Benson and Richard sought silence through intimidation and threats, but what they will receive instead is transparency under the full light of the law.
What This Means for You
If you are a marketer, agency owner, or franchisee watching this situation unfold, there is a clear takeaway. Truth and transparency are your strongest allies. Being organized and keeping thorough documentation is essential, especially when facing attempts to bully or intimidate you through legal threats.
This is not a story of drama but a lesson in accountability. The process will continue openly, through the courts and in public records, and I will continue to report the facts as they emerge.
Dennis Yu
Dennis Yu is a former search engine engineer who has spent a billion dollars on Google and Facebook ads for Nike, Quiznos, Ashley Furniture, Red Bull, State Farm, and other organizations that have many locations.
He has achieved 25% of his goal of creating a million digital marketing jobs because of his partnership with universities, professional organizations, and agencies. Companies like GoDaddy, Fiverr, onlinejobs.ph, 7 Figure Agency, and Vendasta partner with him to create training and certifications.
Dennis created the Dollar a Day Strategy for local service businesses to enhance their existing local reputation and make the phone ring. He's coaching young adult agency owners who serve plumbers, AC technicians, landscapers, roofers, electricians in conjunction with leaders in these industries.
Mr. Yu believes that there should be a standard in measuring local marketing efforts, much like doctors and plumbers need to be certified and licensed. His Content Factory training and dashboards are used by thousands of practitioners.