Defamation Using the Truth

[AntFlo]

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

Hi All, I know defamation, including slander and libel, apply only when claims made are false. But even though there is truth in what I'm about to share, I feel like something in the situation is illegal and I cannot find the answer.

Here it goes: in my line of work, projects are paid in 50/50 terms. 50% upfront, and then 50% when complete. The client paid the deposit and I worked on it, however, near the deadline, I got very sick and missed the deadline and did not communicate promptly. I also missed one opportunity to make due on the work, still being sick, and he began to grow irate and not only demanded his money back (which is fine, as it was stated in the agreement), but he also threatened to email his network and tell them how horrible it was to work with me and that he was taking me to small claims court.

Turns out, he actually did email people--some of whom I know--and make reputation-damaging statements about me (saying that I had been 2 weeks late and he was taking me to small claims court, etc). These statements were true in the sense that I did not deliver the final work and had not yet agreed to send his money back, and also true that he may have indeed planned to take me to court. Yet, it still seems like an unnecessary attempt to attack and damage my character in a way that creates financial harm.

Is there no legal recourse for me? As I mentioned, I had no intention of keeping his money, I'm not a criminal, but I find the quickness to which he began to attack and try to harm my reputation unprecedented in my industry. And the ugliness to which he's responded gives me no mercy for him if there is something that he did which is wrong in the legal or civil sense.

Thank you for your help in advance.

 

[Proserpina]

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

Hi All, I know defamation, including slander and libel, apply only when claims made are false. But even though there is truth in what I'm about to share, I feel like something in the situation is illegal and I cannot find the answer.

Here it goes: in my line of work, projects are paid in 50/50 terms. 50% upfront, and then 50% when complete. The client paid the deposit and I worked on it, however, near the deadline, I got very sick and missed the deadline and did not communicate promptly. I also missed one opportunity to make due on the work, still being sick, and he began to grow irate and not only demanded his money back (which is fine, as it was stated in the agreement), but he also threatened to email his network and tell them how horrible it was to work with me and that he was taking me to small claims court.

Turns out, he actually did email people--some of whom I know--and make reputation-damaging statements about me (saying that I had been 2 weeks late and he was taking me to small claims court, etc). These statements were true in the sense that I did not deliver the final work and had not yet agreed to send his money back, and also true that he may have indeed planned to take me to court. Yet, it still seems like an unnecessary attempt to attack and damage my character in a way that creates financial harm.

Is there no legal recourse for me? As I mentioned, I had no intention of keeping his money, I'm not a criminal, but I find the quickness to which he began to attack and try to harm my reputation unprecedented in my industry. And the ugliness to which he's responded gives me no mercy for him if there is something that he did which is wrong in the legal or civil sense.

Thank you for your help in advance.

Giving a negative review has, on occasion, led to legal action against the reviewing party. But those reviews typically include unproven accusations, or blatant innuendo.

Have you refunded him yet?

 

[quincy]

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

Hi All, I know defamation, including slander and libel, apply only when claims made are false. But even though there is truth in what I'm about to share, I feel like something in the situation is illegal and I cannot find the answer.

It is not entirely true that slander and libel apply only when the claims made are false. Half-truths can be defamatory, as well.

A case that illustrates this nicely is Memphis Publishing Co. v. Anne Nichols, 569 S.W. 2d 412 (1978). Here is a link to the case: http://www.leagle.com/decision/1978981569SW2d412_1979.xml/MEMPHIS PUB. CO. v. NICHOLS

In this case, the Tennessee Supreme Court held that a newspaper article that contained only truthful statements was defamatory for what it didn't say. The newspaper article which was the subject of the suit is quoted at the start of the decision, in the link provided.

The Court said of the article: "In our opinion, the defendant's reliance on the truth of the facts stated in the article in question is misplaced. The proper question is whether the meaning reasonably conveyed by the published words is defamatory 'whether the libel as published would have a different effect on the mind of the reader from that which the pleaded truth would have produced' ... It is no defense whatever that individual statements within the article were literally true. Truth is available as an absolute defense only when the defamatory meaning conveyed by the words is true."

Whether what the client communicated about you to others could successfully support a claim of defamation is a question mark but, based on what you have said so far, it could be unlikely for a couple of reasons. Although the client omitted the fact that you missed work due to illness, which could alter the effect of the words on those who received his emails, defamation suits based on half-truths are not common - and you have not mentioned that you have suffered any economic harm. You say only that the client has tried to harm your reputation.

If you have a copy of the emails that were sent, however, you could have an attorney in your area look it over to provide an opinion.

Good luck.