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Online harassment toward our LLC. Please advise.

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LawProwess

Guest
Our state: Florida
The offender: California

Our company is an online business. Understand that we get about 15 new customers a day or more. We are a large company and growing quickly.

We are dealing with an ex-customer, who basically is jealous of our company, our team, and is now working with another company, in the same field as us. This may be stirring up her recent behavior. The person in question I believe is underage, or may have just turned 18. This is very frustrating to deal with such immature behavior toward our company.

Here is the outline.

A few months ago, said customer wanted to be part of our team, but we had no positions that needed to be filled. I felt compelled to continue talking to her using my online messenger since I felt bad that we had nothing to offer, but she began to get too personal for my liking (even though I clearly wasn't, and tried to keep all discussions business related), and discussing her personal problems. I didn't talk with her anymore after a few days. Shortly after that, she wanted to cancel her service with us, which she did. Then she began to post negatively about us on an online forum, where people go to research companies like ours (there are testimonials and such).

We "made up" with her, because we surely don't need an enemy out there, especially over something as silly as this. I have never seen someone that has such a hard time getting the picture, getting the point. Then she started at it again, wanting to be a part of our team and work for us, but we had nothing to offer her. Then she told us that she was having financial problems, she only said this because she was still trying to get the point across that she needed a job. We offered her free services from our company, but no job. There isn't one to give and no one can force us to make up a position. Totally ridiculous.

Everything was quiet for about a month, then she started posting at that site again, negatively towards us. She cancelled her account also, again. Well enough was enough. She was told that is she is no longer welcome to do business with us and to not contact us again. We don't have time for this and we have not contacted her since.

She is out to hurt our business. I fear what else they will do, besides posting negative messages and untruths out there to potential customers. She obviously has a severe problem with reality.

This is the first time we have been faced with such an unwanted and stressful situation.

Are we to get some sort of online restraining order to cut this kind of activity? I am ready to pursue legal action. I have never found myself saying such a thing, and sometimes looked down on people and even customers who said things like that, since I believe everything can be handled professionally between people. Jumping to say, "I'm getting a lawyer!" sometimes is very misplaced.

But in this case, this person in no way can be handled. It's beyond belief.
 
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BelizeBreeze

Senior Member
Move on and forget her. There's nothing you can do short of her publishing 'knowing falsehoods causing injury' to your company.
 
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LawProwess

Guest
They are practically watching each day for anyone to make good mention of our company, only to slam the person and interrogate them on if their points are valid. There has to be something that we can do. I have tried to move on, but they are not moving on. This is the issue at hand.
 

BelizeBreeze

Senior Member
LawProwess said:
They are practically watching each day for anyone to make good mention of our company, only to slam the person and interrogate them on if their points are valid. There has to be something that we can do. I have tried to move on, but they are not moving on. This is the issue at hand.
Then spend thousands of dollars to find out that until you can prove libel you are wasting your money. Ever hear of freedom of speech?

And by the way, how come it started out as she, went to he and now it's "THEY"?
 
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LawProwess

Guest
I will wait for the advice of someone else. Thanks anyway.

EDIT: He, she, they: I am trying to post this in a private manner. Surely someone of your apparent knowledge can understand that.

This isn't just about libel, it is about harassment as the title of this thread states.

EDIT 2: (libel means to defame or harm one’s reputation is writing -- I like this definition better actually. Nevermind what I said above, I thought it meant "publishing false information")
 
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BelizeBreeze

Senior Member
(libel means to defame or harm one’s reputation is writing -- I like this definition better actually. Nevermind what I said above, I thought it meant "publishing false information")
It means neither completely. So, do what you like. But to this point you have provided absolutely no facts which would support any legal action.
 

CdwJava

Senior Member
The courts have frequently viewed opinions to be protected speech. Additionally, I do not know if "harassment" is a tort where you are, but I doubt it is out here under these circumstances. I have seen far too many such cases (allegations of online harassment on message boards) die due to lack of founcdation.

But, you are certainly welcome to hire an attorney to look in to the matter. I suspect that they will tell you there is no case - at least not a good one. But, you never know. It might be worth a try.

- Carl
 
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LawProwess

Guest
I do appreciate the advice that I can get here, very much so. But I do not believe the facts need to be published here, to retain the privacy of this matter. It should be good enough to say that I do have facts, and I want to know what I can do from here. It is clear to anyone who reads this that someone is harassing our company, out to harm and injure our company, and it is being done online. I would hope someone has experience with this.

Yes, there is free speech, but one should not be allowed to get away with trying to harm another company for the fun of it, or whatever may be their goal. That is not the definition of free speech to me.
 

CdwJava

Senior Member
Then you need to consult an attorney who you can provide all the details. Since you cannot provide all the details here, there is likely little that anyone here can do.

Good luck.

- Carl
 
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LawProwess

Guest
CdwJava said:
The courts have frequently viewed opinions to be protected speech. Additionally, I do not know if "harassment" is a tort where you are, but I doubt it is out here under these circumstances. I have seen far too many such cases (allegations of online harassment on message boards) die due to lack of founcdation.

But, you are certainly welcome to hire an attorney to look in to the matter. I suspect that they will tell you there is no case - at least not a good one. But, you never know. It might be worth a try.

- Carl
Can you tell me more about the lack of foundation? In your mind, what should I be preparing in order to get this going? All emails, all website postings, and a detailed summary of everything that has occured?

So I guess my question has been answered, I should hire an attorney and present my case. Would I have to get one here, or in CA?

I believe what I was hoping for, is that was a certain law out there regarding this, but I guess there isn't.
 
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LawProwess

Guest
An added note, I did write an email to two companies who specialize in "cyber laws" and their relation to the real world. I did provide them with the actual details. I await their replies and will share them here if suitable. I have not been able to find much info about a situation like this, so I hope this could help others, once all said and done.
 

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