facebook Posting

[justsaying]

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

I recently posted a note in a businesses Facebook fan page. The business owes me money from an advertising contract from last March. All the note said was to please go that business and buy something because they owe me X for advertising and need some help. I wrote nothing untrue or malicious however they are now threatening to sue me for liable, defamation of character and host host of other things. Do they have ant right since it's a public forum and I did not say anything negative about their business? I don't see what I might have done wrong. What if I had a bad experience at the business and posted that? would they sue me too?!

[Stevef]

Truth is a defense for a defamation suit.

So when they sue you, your lawyer will present your defense that the statement is true.

Plaintiff gets nothing.
Defendant gets nothing.
Lawyers get paid.

[justsaying]

What's the point then of doing anything? Why even imply to sue?

[quincy]

They are threatening to sue, because they CAN sue, whether there is any merit to the suit or not. Whether they could win any suit would depend on exactly what you said but, even if found by a court not to be libelous, a suit would still be costly to defend against.

That is why threats can be effective.

I can see where you could have problems with what you said on the Facebook page, if you said, "please go to that business and buy something because they owe me X for advertising and need some help."

The unbolded part of your statement is true, if they in fact owe you money. That would not be defamatory if you can support it with evidence, and the truth, as Stevef said, could be used as an effective defense against any defamation suit the business may decide to bring.

But the bolded part of the statement implies fact - that the business is having financial difficulties and cannot pay its debts. If this is false, if the business is NOT having financial difficulties, it is defamatory.

If the business and the business reputation is damaged by your Facebook comment, and you cannot support all of what you said as the truth, they could potentially win a defamation action. Colorado recognizes defamation per se, and any false statement about the shaky financial condition of the business could be seen by the court as defamatory per se, presuming reputational injury and resulting in damages collectable on just this presumed injury.

What is the business demanding of you in order to avoid a lawsuit? Or was the note you received a warning that a lawsuit is being filed against you? And what besides defamation is this business threatening suit over?

I am not sure any business will want to expend the time, energy or money that would be required in order to pursue an action against you in court, but they may try to settle out of court (perhaps for an amount totaling what they owe you on the advertising?).

It might be wise for you to show an attorney the note you received and what you wrote to warrant the note. The attorney can then let you know where you stand, should any suit be filed or should a settlement amount be demanded.

And if you are served with a complaint, you should definitely hire an attorney.

[justsaying]

Thanks Quincy - interesting stuff! What happens to the bolded statement if, in their letter, they admit "falling on hard times"? I don't have the letter with me otherwise I'd be more specific. Then the next question is, what keeps me from countersuing for the amount owed since we have a signed contract?

[quincy]

If the business has admitted in writing that they have "fallen on hard times," then you have a good truth defense that should win a defamation action - IF the business goes ahead with a lawsuit. I imagine any attorney the business speaks with, if given the facts as you have presented them here, will advise the business not to sue.

And there is nothing that prevents you from suing the business for the amount owed you for the advertising, whether as a countersuit or not. To collect from this business may be difficult, if they have fallen on hard times, but you can always attach assets.

Good luck.

[justsaying]

thanks again - you've put me at ease a little. I know now to hold back with my frustration anyway! Who knew people could be so sensitive on Facebook!

[quincy]

Ahh. Many people are not only "sensitive" (on Facebook and elsewhere), they also seem to be very litigious.

That is why it is important to be very very careful when speaking or writing about others, especially online where you have such a wide audience. It often takes very little for someone to sue (or threaten to, at any rate).

Although I hate to take away some of the "ease" you may feel now , there is STILL the possibility that this business will sue. If they do, speak with an attorney in your area.

And good luck on collecting the money you're owed.