Possible Libel?

[Kayla2008]

Located in Wisconsin. I had an issue with an online company and their bad customer service and ended up posting about it on Facebook. The companys owner screenshotted my post and told people to go to my post and harass me. I know it is not defamation as it is true, but the company said if i dont remove the posts they will take legal action. I did ask for people to share my post. Would they be able to take legal action for that?

 

[Kayla2008]

I forgot to mention the a friend of hers then screenshotted her status and posted it in the comments of my post. At the end of the owners post it even said "im gonna kill her". - i didnt contact authorities as im not sure the owner would go that far. But this is still causing me emotional distress.

 

[quincy]

Located in Wisconsin. I had an issue with an online company and their bad customer service and ended up posting about it on Facebook. The companys owner screenshotted my post and told people to go to my post and harass me. I know it is not defamation as it is true, but the company said if i dont remove the posts they will take legal action. I did ask for people to share my post. Would they be able to take legal action for that?

I cannot tell you if the company has a legitimate cause of action and would pursue that action against you.

I can tell you that many people write negative comments about companies believing these comments are "free speech" and "opinion" and "true" when, in fact, many times these comments are defamatory and could support a legal action against the writer.

You might want to have what you wrote personally reviewed by a lawyer in your area to see where you stand legally against the threats being made by the company.

The company, by the way, is not doing itself any favors by telling people to harass you.

 

[quincy]

I forgot to mention the a friend of hers then screenshotted her status and posted it in the comments of my post. At the end of the owners post it even said "im gonna kill her". - i didnt contact authorities as im not sure the owner would go that far. But this is still causing me emotional distress.

Ah. Well, you could report the "im gonna kill her" threat although it can (and probably would) be viewed as rhetorical hyperbole. It seems unlikely that any company would kill a customer over a negative review.

 

[Dandy Don]

Have you now removed the FACEBOOK posting?

Find another place to vent your feelings, like YELP or the Better Business Bureau. Or stop posting anything about this business.

 

[LdiJ]

I will also add that some companies are so rabidly paranoid about any bad review/negative comment, that they will threaten all kinds of legal action whether they can validly support that or not, in an attempt into frightening a consumer into removing the bad review.

 

[Kayla2008]

I have reached out to an attorney and he stated i have every right to post my experience with the company and that i could take legal action for the company owners post. The company sent me an email stating i have 10 days to remove the post or they will take legal action. I have not removed the post as of now because i feel i shouldnt have to as it is my legal right to be able to post an opinion and want people to see my review. The company owner has comments on my post (forgot to mention she was calling me stupid and a drama queen on my post as well). The company is not on yelp. I tried that. And since there is a threat from the company (whether serious or not) bbb will not take the complaint.

 

[Kayla2008]

And there werent any defamatory remarks. All i said was that their product was great but they had horrible customer service. The emails to me were very unprofessional. - i dint see how any of that would be defamatory

 

[quincy]

I have reached out to an attorney and he stated i have every right to post my experience with the company and that i could take legal action for the company owners post. The company sent me an email stating i have 10 days to remove the post or they will take legal action. I have not removed the post as of now because i feel i shouldnt have to as it is my legal right to be able to post an opinion and want people to see my review. The company owner has comments on my post (forgot to mention she was calling me stupid and a drama queen on my post as well). The company is not on yelp. I tried that. And since there is a threat from the company (whether serious or not) bbb will not take the complaint.

The attorney you spoke to is correct that you have the right to post your experience with the company. But there are limits to this right. If the attorney saw what you wrote and how the company responded, however, and the attorney said you could take legal action against the company, then that is something for you to consider.

You could have this lawyer (the one who has read what you wrote and advised you that it cannot be seen as defamatory) write a cease and desist letter to the company. That said, I think it can be smartest to remove what you wrote. You made it clear to the company that you thought they had bad customer service ... perhaps now you can let the matter drop.

Just curious: Is this a company run by a teenager or something? I cannot imagine any adult company owner calling a customer a "drama queen" or saying they were going to kill them.

 

[eerelations]

I cannot imagine any adult company owner calling a customer a "drama queen" or saying they were going to kill them.

Oh I can! In fact I've encountered a few of them!

 

[quincy]

Oh I can! In fact I've encountered a few of them!

After I wrote that, images of several well-known unprofessional business owners flashed through my head.

And one of these business owners is actually going to be our next President.

 

[eerelations]

After I wrote that, images of several well-known unprofessional business owners flashed through my head.

And one of these business owners is actually going to be our next President.

Like button.

 

[Kayla2008]

After I wrote that, images of several well-known unprofessional business owners flashed through my head.

And one of these business owners is actually going to be our next President.

Hahaha love this.

But i will wait to hear back from the lawyer i contacted. If it comes down to removing the post, i will. I guess you could just call me stubborn for not wanting to due to wanting the true colors of this company being shown. It never should have escalated to the point it has.

 

[quincy]

Hahaha love this.

But i will wait to hear back from the lawyer i contacted. If it comes down to removing the post, i will. I guess you could just call me stubborn for not wanting to due to wanting the true colors of this company being shown. It never should have escalated to the point it has.

Most companies operate knowing they are not going to please everyone all of the time, although that is certainly a goal. A company that escapes consumer criticism of some sort will be the exception rather than the rule. Rarely, however, will legitimate criticism from consumers harm the reputation of the company to the point where it can no longer operate effectively.

A company's reputation depends not only on consumer satisfaction but also on how the company responds to consumer complaints.

You have run across a company that has apparently responded poorly. If what you wrote was not defamatory (and, again, you will want to make sure that nothing you wrote stated or implied something false about the company), the company could easily have injured its own reputation. I agree with you that the company should never have escalated your customer service complaint to the extent that it has.

Your current plan seems a good one. Good luck.