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degrading craigslist post

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jfisher7124

Junior Member
Hey everyone,

I had a falling out with a friend. He then goes and posts an ad on Craigslist about a dog I was apparently wanting to get rid of.

The post was in regards to a severely beaten and neglected dog and explained that it was mistreated by me. He put my cellphone number on it. Needless to say, I received about 30 phone calls and multiple text messages about hoe horrible I am and threats of calling the authorities. I had to sit there and answer these calls explaining this cruel joke. I even called the police to make sure they were aware of the situation.

This to me was a blow to my character and fraud of my personal information. Of course my ex friend will not cop up to it and I think this should not go unpunished.

What are my options?

Thanks in advance,
Jfisher
 


Hey everyone,

I had a falling out with a friend. He then goes and posts an ad on Craigslist about a dog I was apparently wanting to get rid of.

The post was in regards to a severely beaten and neglected dog and explained that it was mistreated by me. He put my cellphone number on it. Needless to say, I received about 30 phone calls and multiple text messages about hoe horrible I am and threats of calling the authorities. I had to sit there and answer these calls explaining this cruel joke. I even called the police to make sure they were aware of the situation.

This to me was a blow to my character and fraud of my personal information. Of course my ex friend will not cop up to it and I think this should not go unpunished.

What are my options?

Thanks in advance,
Jfisher
Depends on the exact words used in the online posting ... could be slander/libel suit... could be.
 

Mass_Shyster

Senior Member
Contact craigslist and get the post removed. They have specific instructions for situations like this where personal identification (like your cell phone number) has been posted.

It's possible that craigslist can also provide you with the IP address of the computer that posted the ad. Unfortunately, if your friend has half a brain, he did it from a library or wireless hotspot that can't be easily traced back to him.
 

Zigner

Senior Member, Non-Attorney
Depends on the exact words used in the online posting ... could be slander/libel suit... could be.
Libel? Possibly.

Slander? No, not at all.


So, only 50% wrong this time. I guess that's a step up.



ETA: This is ASSuming that the OP is even in the US!
 

quincy

Senior Member
What state in the U.S. is involved here, jfisher?

As Stevef noted, your best bet is to contact Craigslist and have the ad withdrawn. A report to the police is also wise.

Without knowing for a fact who posted the ad, you will be forced to trace the identity of the person who posted the ad and this, as Stevef also noted, may not be easy.

Although it is possible to file a "John Doe" defamation suit and have the court issue an order requiring Craigslist to reveal the IP address and identity of poster (if known), the court order will be issued only after you have presented to the court a prima facie defamation case (one that can withstand a motion to dismiss).

You would have to show the court that what was posted was false and defamatory, identified you, was posted with at least negligence, and you should be able to demonstrate reputational injury enough to support an award of damages (damages enough to exceed the costs of pursuing the action).

You should further make sure you have a defendant from whom you can collect an award of damages should you win your suit (and there is never a guarantee of a win).

As a note, and because another thread recently commented on the costs of pursuing a defamation claim, there was a new (estimated) figure published on the average cost of a libel suit in the U.S. This estimate of the average cost of a libel suit, exclusive of damages, now approaches (exceeds?) $500,000. The average trial award is around $3.4 million.

With attorneys often charging $200-$500 per hour (and up) to handle a defamation claim, and with the time involved in researching, preparing and filing a single motion (which may be 50 hours and upward), costs escalate rather quickly.

As an indication of costs from a couple of high-profile case, in 2005 the Boston Herald spent close to $2 million in legal costs defending a suit filed against them by the Islamic Society of Boston, this even though the suit was eventually withdrawn by the ISB and dismissed (two years later). And attorneys for Google claimed in a recent action over $98,000 in fees and costs for filing a single anti-SLAPP motion (although they were awarded "only" $23,000, a figure of which was upheld by an Appeals Court).

Of course, an average person v average person defamation suit will not (generally) come close to approaching the average costs mentioned above (which is as high as it is because of some of the plaintiffs/defendants involved - ie. media organizations, large corporations). But the numbers are something to consider seriously before filing suit. These are not inexpensive legal actions to pursue.

A cease and desist letter drafted by an attorney to the defamer may satisfactorially resolve the problem and make better financial sense (this assuming you can identify your defamer).

Good luck.
 
Last edited:

Isis1

Senior Member
Honestly, I'd send a cease and desist letter to the friend anyway. noting the phone number in addition to contacting craigslist to remove the post. Since you didn't lose money on it, it's all the action I would take.
 

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