Is this considered Slander? California

[FFW808]

I have an issue with a forum "moderator" who has had it out for me for quite a while, although we became a supporting vendor in order to re-open our account again he has used his role in order to pass judgement which was never founded.

http://www.6speedonline.com/forums/group-buys/241713-bad-actors-bulletin-board.html

In short, we sold a set of used wheels to a customer, customer was informed of the condition prior to purchase as a repair. After the customer came back and reported damage on the previous repair, under warranty we accepted the wheel back for repair, during this time OUR customer sold the wheels to HIS customer NEVER disclosing the repair. His customer damaged the wheel due to an OVER MODIFIED car and the forum moderators not only allowed members to leave this thread open for 3-days but also threw us under the bus.

This forum has acted as Cop, Judge and Jury...

I feel that this guy "Chuck" is responsible for the loss of some sales and I would like to see him in court so that he can answer for what he has been doing to our two companies.

Do you think I have a case? If so I'm very interested in speaking with someone who is insterested in moving forward.

Public appology or removal of all post associated and financial reward at least to cover legal expenses.

Please let me know if you can help,

Case would be held in Los Angeles California or El Segundo, California or where the court house which covers this area is located.

Thank you in advance for your time.

 

[FFW808]

Here's an other moderator post:

Fraud on 6speed - please help - 6speedonline.com Forums

I no way did we commit fraud yet we are stated as so...

 

[swalsh411]

How can you prove you lost business?

 

[quincy]

First, slander is spoken defamation. Written defamation is called libel.

Second, FreeAdvice does not make attorney referrals, however you can make use of the "Find an Attorney" links on this site or you can contact either the State Bar of California (calbar.ca.gov) or the Los Angeles County Bar Association (lacba.org) for advice and direction. They offer attorney referrals.

If you are the vendor or member who is singled out in the feedback section of the forum ("Wheels cracked. A must see!"), and what has been said about you is false, then it is possible you have a defamation action you could pursue against the author of that post (or perhaps even a tortious interference suit). In addition, if you are one of the several members or the vendor listed under "Bad Actors" in the bulletin board section of the forum, what was said could also, potentially, support a suit, if there is no truth to what has been posted about you.

The 6speed forum seems to be awfully free with the use of the word "fraud" and "fraudulent," perhaps not realizing that these words when applied falsely are defamatory.

You could have an attorney in your area review what has been posted and, as swalsh indicated, you will want to have evidence of economic harm (although being labeled a fraud presumes reputational injury and could presume economic harm).

Of course, if what is posted is true, or substantially true, you have no case.

Whether there is any defamation action against the posters of the material, that would be worth the high costs of pursuing, would take a thorough and personal review of all of the facts. At the very least, an attorney may suggest drafting a letter to the forum, advising the forum administrator of the defamatory nature of the posts and requesting their immediate removal.

Good luck.