Defamation of Character?

[Anonboy]

What is the name of your state (only U.S. law)? Arizona...

I am being threatened by a company, who is threatening to sue me for defamation of character.

What for?

A few months ago, my lady had ordered a cap for me. Well, they had messed up the order and refused to give me my money back, stating that it was my lady's fault. Well, I was upset by this considering they never even gave us a chance. You would think to keep a customer happy they would gladly redo the work and allow us to send the cap back but no, they didn't.

So, I had contacted the Better Business Bureau and a few other places about this company.

Well after over a month of not speaking to this company, the person who had served us bad business wrote back, stating they are giving us till September 14 or they are taking us to court for defamation of character. Not their attorney, but themselves.

My question is, can they legally sue us? Considering these sites are legit for people like me who feel robbed. You would think if they could sue us, that millions of companies out there would be doing the same thing and the BBB & such sites wouldn't exist.

Please respond & thank you for your time.

[IsabellaSoriano]

just my silly little opinion, but from what you stated, they might not have a chance. are they threatening to sue if you don't remove your complaints? what exactly did you say?

[Anonboy]

Originally Posted by IsabellaSoriano

just my silly little opinion, but from what you stated, they might not have a chance. are they threatening to sue if you don't remove your complaints? what exactly did you say?

Yeah, they said I have till September 14th to remove my complaints or they are taking me to court for defamation of character.

This sounds more like blackmail on their behalf, more than anything.

I just stated not to use this company. That when I placed an order, they wouldn't allow me to explain why but how they were quick to blame my lady for it. That I had felt robbed of my money.

[Anonboy]

The worst part about this all is, they are threatening to sue my lady as well when I am the one who had made the complaints.

I clearly don't understand this.

[Hot Topic]

Many people labor under the misconception that the Better Business Bureau can do something about such a situation when in fact, the BBB has no such legal authority. They can attempt to mediate; however, they can't force you to do something you don't want to, nor can they force the other side to do something they don't want to.

Your lady ordered the cap for you. You need to be MUCH MORE specific about what the "mess up" was and why they blame her.

You also need to be MUCH MORE specific about what you said about the company. The fact that you haven't repeated anything you said on those websites generates some concern.

[Anonboy]

If you're looking to avoid being ripped off, then I have the place to avoid. .... Have you ever heard of it? They have a website that is based to create your own custom cap. I ordered a hat, (Of course), when I received the hat, it wasn't quite what I ordered. The spelling was messed up. So I figured okay, I will simply email them stating I was going to send the hat back and ask for a refund.

However, they immediately emailed me and told me it was my fault, and that I won't receive a refund. When I went to their website, their disclaimer states the following:

Refund Policy.

If a product purchased is defective or not to Buyer's satisfaction, Buyer can return the product in its original condition within 21 days of receipt. In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). This Section 9 sets forth Buyer's sole and exclusive right to refund.


I told them about their disclaimer and they pretty much stated I was a "joke" and that I was " crazy" for wanting a refund. over something that was my fault. Wait a minute, doesn't the disclaimer state if the customer is not happy they shall receive a refund? Hm.

This site is ridiculous and a complete rip-off! Avoid buying hats through them.

[Hot Topic]

In your first post, the company blames your lady for the problem. According to your latest, the company blames you. You need to maintain consistency in your writings. I don't think anyone's going to look all your posts up and compare what you said in one to what you said in the others, but it jumped out at me immediately.

You also seem to have gone overboard with your complaints.

[Anonboy]

Originally Posted by Hot Topic

In your first post, the company blames your lady for the problem. According to your latest, the company blames you. You need to maintain consistency in your writings. I don't think anyone's going to look all your posts up and compare what you said in one to what you said in the others, but it jumped out at me immediately.

You also seem to have gone overboard with your complaints.

Over board? For being ripped off money, I have gone over board? I think anyone in their right mind, would be upset knowing some company ripped them off.

No, the company did blame my lady. Stating she forgot the letter. However, if you look up other complaints about the company, they (As in the company) state in everyone of them that it's the other person's fault because they forgot something.

I put me in this post, as I do not bring my lady into conversations. Had I known, that 3 months later the woman of this company is having a hard time moving on with her / their life, I would have possibly worded it differently.

She is even threatening to sue my lady for defamation of character when I am the one who typed it.

[Anonboy]

Finally, I am not looking to sue. I don't sue people. It's a cheap way to get rich for people who are too lazy to work, in my opinion.

I am not looking to get trolled either.

All I am asking, is if they can sue me like they stated? What's so hard to understand about this?

[quincy]

Anonboy, if that is the real name of the company you posted above, could you please delete it? Thanks.

Although you would have been wise to leave off the first sentence and the last sentence in your complaint, the complaint is primarily opinion based on your personal experience and, as such, not defamatory. If the spelling on the hat was, in fact, messed up and the company did, in fact, refuse to accept its return for credit, then your complaint can be justified.

Complaint sites like Ripoff Report generate a lot more "threats" to sue than actual suits. The threat of a lawsuit is often an effective way for a business, unhappy with a complaint about their company, to silence any critic.

If your complaint is an honest one, based on your personal experience with the company, then you likely will not lose any defamation action, should the company's threat be carried out, but you should have an attorney in Arizona review your complaint in its entirety, and in its context on the complaint site to get a clearer idea of what risk you may face.

Nothing can prevent this company from filing a suit against you, should they decide to spend the money to pursue one. Anyone can sue, whether they have an action worth pursuing or not.

You have to decide if leaving the complaint in place is worth this risk.