You got lawyered

By fckmylife - 20/12/2016 19:47

Today, I found out that I'm being sued for posting on Facebook about a customer service experience with a local company. Even though we have witnesses, the owners of the store claim that we're lying about the whole thing and that we're "malicious". FML
I agree, your life sucks 9 192
You deserved it 715
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Top comments

ApparentlyNotEno 28

If you're in the United States, this is no longer legal, and the case can be thrown out (and/or you can countersue). Look up the Consumer Review Fairness Act of 2016. If you're outside the States, ymmv, but check the local laws. There's probably something that protects you. In any case, most jurisdictions protect any written or verbal expression as long as it's true - libel and slander only apply if what you've said is untrue. I think you can also countersue for defamation or something similar. (I'm not a solicitor myself, so I can't say for certain.) Talk to an attorney - if the lawsuit is frivolous or punitive, most times you can even have your attorney's fees paid for by the losing party (but - and this is important - you have to ASK the court for that sort of relief). Seriously, engage a lawyer, and don't back down from these bullies.

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Comments

goodread2200 10

They must really care about their reputation because lawsuits aren't cheap nor are they easy... Hope they are forced to pay your costs.

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pedinhuh 23

Well, they are hurting your right to complain about the quality of the service you have received. Time for some counter-sue!

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neuronerd 28

Perhaps they're just trying to intimidate you. Hopefully, if you hold your ground, they'll drop the case. However, I'm not a lawyer, nor am I qualified to give any legal advice.

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Cerebral_Origami 5

Go to court then counter-sue for lost wages, time and mental anguish. Then widely publicize the original statement, the lawsuit, and the counter lawsuit. Make sure EVERYONE knows about these scumbags!

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JAB97 4

Would this owners name happen to be Amy, and is this business a bakery?

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latenerd 11

I knew I wasn't the only one thinking this! Seriously, OP, if you were not lying, they must be crazy narcissists. Get your evidence & witnesses together and you should do well in court. This kind of person will lie as naturally as they breathe, so just don't let them get to you.

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arrowgold 19

If you are in the US, I've heard of businesses adding defamation clauses where you're not allowed to review them negatively. These, however, are illegal in most states and the threat of lawsuit is a scare tactic to get you to take it down.

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paintbullits 13

How is this allowed anywhere, outside of signing a non disclosure agreement i see no legal way they can enforce such a policy.

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fyvaprold 11

Read on SLAPP and find an anti-SLAPP lawyer

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ApparentlyNotEno 28

If you're in the United States, this is no longer legal, and the case can be thrown out (and/or you can countersue). Look up the Consumer Review Fairness Act of 2016. If you're outside the States, ymmv, but check the local laws. There's probably something that protects you. In any case, most jurisdictions protect any written or verbal expression as long as it's true - libel and slander only apply if what you've said is untrue. I think you can also countersue for defamation or something similar. (I'm not a solicitor myself, so I can't say for certain.) Talk to an attorney - if the lawsuit is frivolous or punitive, most times you can even have your attorney's fees paid for by the losing party (but - and this is important - you have to ASK the court for that sort of relief). Seriously, engage a lawyer, and don't back down from these bullies.

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ArbiterOfFML 24

I am a paralegal

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Justkidding100 41

doesn't cost that much to just have a lawyer write a cease and desist notice or something similar, probably just trying to scare you into taking down the post. hold your ground! They probably won't take further action.

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AKchic 7

Bring all evidence and witnesses. Countersue for twice what they are suing you for (or more). Libel, slander, pain and suffering, trauma, etc. Whatever. Good luck.

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CGPainting 0

you cant make a frivolous suit like that, you need to have grounds for the amounts you ask for. otherwise almost no judge will grant it

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