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#1
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| I live in TX, and I just completed a transaction on the internet with another person from FL. He claims that I sold him defective products and it is not proven. He reported me to 2 major websites. I was banned from one and my name and location was published on the internet on the other website, as an individual not to do business with. The claims were never proven and I feel like my reputation is at great stake as a trader and individual. I informed the admin of site #2 that by publishing my information without proving me guilty is slander and he is liable. Someone back be up here. Am I overreacting or should I contact a lawyer? |
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#2
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| I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship. See an attorney right away: [url]http://www.attorneypages.com[/url] Not slander, but libel. |
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#3
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| I'm an attorney in the Greater Tampa/St. Petersburg area. You might have a cause of action. Generally, to prevail when bringing a libel/defamation cause of action you have to prove; 1) a false accusation 2) made to a third party 3) and that you suffered damages as a result. Depending on the specifics, you might not have to prove any damages. It is important to keep in mind that truth is always a defense to a libel/defamation suit. In otherwords, ask yourself if the complainer will be able to show that the goods were in fact defective. Whether you have a cause of action against the site administator is a tougher question. You might, but first you should determine if you signed away any rights when agreeing to sell your goods on the site. Did the administrator know, or should he have known, that the allegations were false? Did you pay anything to have your goods posted on the site? The above information is given as a courtesey, without consideration, and without any specific knowledge of the facts. Do not rely on this information without first obtaining a formal consultation with an attorney. If you wish to pursue this, you should probably contact an attorney in FL. The Florida bar runs a referral service. They have a web-page. I am not certain, but they might charge a small fee for this service. If you prefer, please feel free to contact me directly (813/758-1862). A case like this is usually handled on a contingency basis. Good Luck |
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