Ripped off by a Fantasy Baseball Commisioner, Threatening Libel Action If I Out Him

[scammd]

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

So I played in a 16 team fantasy baseball league where the commissioner collected all of our entry fees at the beginning of the year. He was supposed to hold everyone's money in escrow and after the season ended he was supposed to pay the 3 winners but has failed to do so. He's given us excuse after excuse and we still haven't been paid for this league which ended last september. Now since I don't have much recourse, I have threatened to post his name and picture plus evidence of everything that happened on a couple of the major fantasy sports websites. I also said I would message his facebook friends to let them know what he pulled here. I was thinking maybe embarrassing the guy would help get me the money i'm owed, plus possibly saving other people from having this same thing happen to them.

Now he is threatening that if I do this I could be sued for Libel. Is there any way this could happen, even though he is the one who committed fraud and theft? Everything I plan on posting will be true so I'm not sure if this is just an empty threat but I thought I should check to be safe.

Also he lives in Texas and I live in Canada

Thanks

 

[quincy]

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

So I played in a 16 team fantasy baseball league where the commissioner collected all of our entry fees at the beginning of the year. He was supposed to hold everyone's money in escrow and after the season ended he was supposed to pay the 3 winners but has failed to do so. He's given us excuse after excuse and we still haven't been paid for this league which ended last september. Now since I don't have much recourse, I have threatened to post his name and picture plus evidence of everything that happened on a couple of the major fantasy sports websites. I also said I would message his facebook friends to let them know what he pulled here. I was thinking maybe embarrassing the guy would help get me the money i'm owed, plus possibly saving other people from having this same thing happen to them.

Now he is threatening that if I do this I could be sued for Libel. Is there any way this could happen, even though he is the one who committed fraud and theft? Everything I plan on posting will be true so I'm not sure if this is just an empty threat but I thought I should check to be safe.

Also he lives in Texas and I live in Canada

Thanks

The commissioner could sue you for libel in Canada if what you publish is not provably true. If he has not been arrested and convicted of theft or fraud, you may have difficulty proving the truth of your claims.

This forum handles US laws only but perhaps I can direct you to some information on defamation laws in Canada if you tell me where in Canada you live.

Wherever in Canada you live, I recommend you consult with an attorney in your area of Canada prior to publishing anything. Have the attorney review the facts and what you intend to write.

Good luck.

 

[scammd]

Oh wow really? As far as things being provably true though, I have all of his promises in writing plus the fact that I haven't been paid, nor have the other two winners. Isn't that enough to prove that what I'm saying is true?

So basically you're saying that even though he committed fraud and theft, that if I call him out for it (with only the facts of what happened) that I could still be sued? wow

Thanks Quincy

 

[scammd]

Oh also I live in Calgary Alberta if you can point me in the right direction. Thanks again

 

[quincy]

Oh wow really? As far as things being provably true though, I have all of his promises in writing plus the fact that I haven't been paid, nor have the other two winners. Isn't that enough to prove that what I'm saying is true?

So basically you're saying that even though he committed fraud and theft, that if I call him out for it (with only the facts of what happened) that I could still be sued? wow

Thanks Quincy

It helps to have statements made by the commissioner in writing but it will not prevent a defamation lawsuit being filed against you nor will it necessarily prevent the commissioner from winning such a lawsuit. Not being paid yet does not (necessarily) mean the commissioner is a thief out to defraud you and the other winners.

Here is a link to the Canadian Bar Association's information on the laws of defamation in Canada (British Columbia branch - I can post back with information specific to Alberta later):
http://www.cba.org/bc/public_media/rights/240.aspx

Whenever you are handling people's reputations, you must be careful what you say. If the commissioner operates out of Texas, filing a complaint with the Texas Attorney General's Office might be a better choice for you.

 

[LeeHarveyBlotto]

How much money are we talking aboot?

 

[quincy]

How much money are we talking aboot?

The amount of money involved wouldn't matter for a defamation suit filed by the commissioner. It could matter for scammd, in deciding whether it is worth it to file a complaint with the Texas Attorney General and/or risk a defamation lawsuit by writing about the commissioner.

Here is a link to the Texas Attorney General's Office, where a consumer complaint can be filed: https://www.texasattorneygeneral.gov/

Here is a link to Alberta, Canada's Defamation Act: http://www.qp.alberta.ca/documents/Acts/D07.pdf

 

[LeeHarveyBlotto]

The amount of money involved wouldn't matter for a defamation suit filed by the commissioner. It could matter for scammd, in deciding whether it is worth it to file a complaint with the Texas Attorney General and/or risk a defamation lawsuit by writing about the commissioner.

or to just walk away, which is the amount of money I'm guessing is involved.

 

[quincy]

or to just walk away, which is the amount of money I'm guessing is involved.

Yes. Walking away is always an option - and perhaps the smartest option. But a lot of people find it hard to chalk up the loss of even a little amount of money as simply a lesson learned. With 16 teams involved, it could be more than just a little money, too.

There was an interesting article on online Fantasy Baseball and its legalities, written by Marc Edelman in 2011 and published in the "Harvard Journal of Sports & Entertainment Law" in 2012. Following is a link to a download of the paper, if anyone is interested.

"A Short Treatise on Fantasy Sports and the Law: How America Regulates its New National Pastime:"
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1907272

 

[scammd]

Thanks for the links and advice Quincy, it's much appreciated. Got some reading to do now

 

[quincy]

Thanks for the links and advice Quincy, it's much appreciated. Got some reading to do now

I did provide a lot for you to read.

I hope the commissioner gets his act together soon and disburses to the winners the money they are owed, so no other action of any kind by anyone needs to be taken.

Thank you for the thanks.