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Jurisdiction issue on a suit based on internet "slander"

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Tammila

Junior Member
What is the name of your state? Texas

I run/own a online discussion forum such as this one but on a totally different topic. One of our members posted a Warning about a company over a year ago about being ripped off for over $400.00. She is only one of a lot of complaints about this persons tactics and so on.

A few days ago my husband received a call from this guy not only threatening to sue us but making threats about an upcoming national conference that we sponsor.

This is my main question: Should he sue us, who would have jurisdiction over the case? He is located in New York State. We live in Texas and our Server is hosted in a datacenter in Houston. We have ALL SORTS of substantiating evidence and he would be likely laughed out of court but as we have been told.. Anyone can sue anyone. We are concerned about not being able to afford traveling to New York to defend ourselves and possibly loosing our online community in a judgement.

We would be very greatful for any information based on jurisdiction in this matter and how liable we are for things that other people have posted in public forums.

This guy has a history of threatening to sue people though I do not know of an instance where he actually followed through. Further, he has a LONG criminal record and has been to prison a number of times. I don't know if that is relevant but I thought I would add it.

Thanks!
Pam


Voice mail message
 
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Tammila

Junior Member
Here is the post that he is refering to:

DO NOT USE THIS SERVICE...ULTIMATELY IT IS UP TO YOU WHAT YOU USE, BUT THEY HAVE REALLY DONE, IN MY OPINION A DISSERVICE TO ME. [Company's Name] WENT INTO MY DEBIT CARD ACCOUNT AND TOOK $419 WITHOUT MY PERMISSION OR ANY KIND OF NOTICE TO ME. WHAT'S WORSE IS, I WAS ON THE PHONE THAT VERY WEEK DISPUTING THAT VERY SAME BILL. I USED THAT CARD FOR ONE TRANSACTION, AND THEY TOOK MONEY THAT I HAD SET OUT FOR OTHER BILLS. THEY TOLD ME THAT IS THEIR POLICY...THEN WHY HAVE I BEEN PAYING THEM BY CHECK SINCE I GOT STARTED WITH THEM IN DECEMBER OF 2002? I HAVE FILED COMPLAINTS. AND WHEN I DID CALL, I WAS TOLD I WAS INCORRECT AND THEY WERE DISCONNECTING MY SERVICE BECAUSE I ACCUSED CUSTOMER SERVICE REPS OF NOT TELLING ME EVERYTHING I NEEDED TO KNOW.. ALSO, THIS DEAL THEY HAVE WITH ---------, BOTH COMPANIES ARE CHARGING FOR THE FIRST MINUTE. WANT MORE DETAILS? EMAIL ME ON THIS SITE.
She is the reason this man & his company are not able to take credit cards any longer. He has been completely black-balled from the credit card companies.

He has 9 reports at the BBB. 8 of which were not fixed to the plaintiffs satisfaction.
 
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Tammila

Junior Member
email sent to us

Here is the email that he sent to us. He apparently has gotten about 1,000 of our members emails due to a mistake that was made when mass emailing everyone. We have over over 17,000 members but we very much value our loved ones privacy. He has already sent emails to many of these people (SPAM).
 
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Tammila

Junior Member
Our sites T&C is quite extensive and cleary spells out jurisdiction.

Here they are out of our Terms and Conditions of Use with regards to this. My question now is how will this effect him (just assuming he does) walking into the federal courthouse in say, New York City and filing there? What would we have to do to get it moved down here?


Thanks,
Pam

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JETX

Senior Member
"What would we have to do to get it moved down here?"
*** Though I don't recommend it, you could certainly file a challenge to their venue yourself. Or, if you are sued, get an attorney to draft and file a motion for you.
 

Tammila

Junior Member
So, it is really a toss up? They would have to rule on it...

Also, is this a federal or local matter? I mean, what happens if he files a claim in a state court? Do we have to go up there to represent ourselves?

Thanks,
Pam
 

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