Slander?

[samiv786]

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

Hello, I am have a dispute with a seller in California. About two months ago I purchased a cell phone from his website. When the phone arrive the following week it was clearly defective. I contact the seller and explain the problems I was having but he refused to exchange the device and issue a RMA (Return Merchandise Authorization). I called my CC company to issue a charge back which they did and I return the item back.

Recently I wrote a review about his company calling it a scam. He now wants sue me because I defame his company.

My questions is can he really sue me for Libel And Slander?

 

[FlyingRon]

He can sue you.
He probably won't win if you limited your review to the facts. The truth is a defense to libel. If you said he's a crook and steals candy from babies then you might have said something libelous.

Still people want to sue and threaten to sue way more often than they actually sue.

I'd not worry too much.

 

[samiv786]

He can sue you.
He probably won't win if you limited your review to the facts. The truth is a defense to libel. If you said he's a crook and steals candy from babies then you might have said something libelous.

Still people want to sue and threaten to sue way more often than they actually sue.

I'd not worry too much.

Thanks but what if he does sue? What should I do?

 

[Zigner]

He can sue you.
He probably won't win if you limited your review to the facts. The truth is a defense to libel. If you said he's a crook and steals candy from babies then you might have said something libelous.

Still people want to sue and threaten to sue way more often than they actually sue.

I'd not worry too much.

OP called said the seller was a "scammer" - THAT could be actionable, particularly based on the facts as presented. This was a dispute over the functionality of an item that was received. The OP escalated it by saying the seller defrauded (scammed) him.

 

[quincy]

Whenever somene threatens to sue, it is cause for worry. And, when you generalize a single personal experience and call a company a "scam" based on this one personal experience, there is even more cause to worry.

Without proof of the truth of that statement, it is a defamatory statement and can result in damages awarded on presumed reputational injury alone.

The way to write a negative review is to stick ONLY to the facts of your one experience and do not draw conclusions from your one personal experience that you cannot support with evidence. And you can state pure opinions (ones that do not state or imply false facts - ie. "I would not order from this company again").

Then you let your readers draw their own conclusions based on the facts presented in your story. Never draw conclusions for them.

You should have simply stated that you ordered a phone, the phone was defective, the seller refused to exchange the device for you and issue an RMA, and so you had your credit card issue a charge back and you returned the item. THOSE are the facts of your experience. A reader can draw from those facts what he or she will.

These facts of your one personal experience do not (necessarily) translate into your additional stated (potentially false) fact that the company is operating a scam. If false (or not provably true by you), and if the company can demonstrate a loss as a result of this false statement (actual economic loss or loss of reputation), the company has a suit against you they can win.

As I said, using the word "scam" in connection with a business often leads to presumed injury, a defamation suit, and damages awarded on both presumed and demonstrated harm.

Threats of suit are certainly more common than the filing of suits, largely because of the high costs involved in pursing a defamation action. However, should you be served with a complaint, contact an attorney.

Good luck.

 

[Zigner]

Whenever somene threatens to sue, it is cause for worry. And, when you generalize a single personal experience and call a company a "scam" based on this one personal experience, there is even more cause to worry.

Without proof of the truth of that statement, it is a defamatory statement and can result in damages awarded on presumed reputational injury alone.

The way to write a negative review is to stick ONLY to the facts of your one experience and do not draw conclusions from your one personal experience that you cannot support with evidence. And you can state pure opinions (ones that do not state or imply false facts - ie. "I would not order from this company again").

Then you let your readers draw their own conclusions based on the facts presented in your story. Never draw conclusions for them.

You should have simply stated that you ordered a phone, the phone was defective, the seller refused to exchange the device for you and issue an RMA, and so you had your credit card issue a charge back and you returned the item. THOSE are the facts of your experience. A reader can draw from those facts what he or she will.

These facts of your one personal experience do not (necessarily) translate into your additional stated (potentially false) fact that the company is operating a scam. If false (or not provably true by you), and if the company can demonstrate a loss as a result of this false statement (actual economic loss or loss of reputation), the company has a suit against you they can win.

As I said, using the word "scam" in connection with a business often leads to presumed injury, a defamation suit, and damages awarded on both presumed and demonstrated harm.

Threats of suit are certainly more common than the filing of suits, largely because of the high costs involved in pursing a defamation action. However, should you be served with a complaint, contact an attorney.

Good luck.

Yeah, that!

 

[quincy]

Hey. The smilies aren't working. Insert a "grin face" here.