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A

afrister

Guest
Hi,

I would like to find out if it is legal waht I am about to do.

I bought a software product from a company via the internet. The product doesnt nearly perform as advertised. The product is worth 6,000 USD.

They are not willing to give me a refund.

My question is this. I am about to launch a website in which unhappy consumers can post claims against companies they purchased products from. I will be the first person to post my complaint with regard to this software (I am tired of all the hype and non-sense happening in the trading industry.

Can the company sue me for the following?

I am intending to establish what the company says in terms of performance and what are the actual results I had with the program. I would never say anyone is a thief, fraud etc..Any sentence in the website will be "my opinion from my experiance". The same for other people who post complaints.

This of course will most likely produce less sales for them. Can they sue me on those grounds or any other grounds?

The company is in Florida.


Thank you very much.

 


I AM ALWAYS LIABLE

Senior Member
My response:

You have a right to voice your opinions and your experiences with a product. As a prime example, take a look at what Consumer's Union does with their magazine, "Consumer Reports." They have been sued many times, and have always won.

Then, the big question is, can you withstand being sued despite the fact that you have a right to voice your opinion?

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
A

afrister

Guest
Hi,

Thanks for your kind reply. I am a non-us citizen living outside the US (South America). I will post the website with a local server here. If they sue me, can they do it in the US and if so what are the consequences for me?

Thanks again

AF
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by afrister:
Hi,

Thanks for your kind reply. I am a non-us citizen living outside the US (South America). I will post the website with a local server here. If they sue me, can they do it in the US and if so what are the consequences for me?

Thanks again

AF
<HR></BLOCKQUOTE>


My response:

I suspect they would need to sue you in your country, because that's where the information is being posted, and that's where the server is located. Insofar as consequences are concerned, it would largely depend upon the type of information posted, it's presentation, their ability to lodge "counter opinions" of rebuttal on your site, and how imaginative their attorneys could be in conjunction with South American law in these regards.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited August 06, 2000).]
 
A

afrister

Guest
Hi,

I am so greatful for your help, thanks. My concern is not them being able to sue me here. Even if they do so, nothing will ever happen. My real concern is if they can sue me in the United States (one point to consider I would think is that people can view the material through the web even though its in a South American server).

Would you think they have a case to sue me in the US?

Thanks,

AF
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by afrister:
Hi,

I would like to find out if it is legal waht I am about to do.

I bought a software product from a company via the internet. The product doesnt nearly perform as advertised. The product is worth 6,000 USD.

They are not willing to give me a refund.

My question is this. I am about to launch a website in which unhappy consumers can post claims against companies they purchased products from. I will be the first person to post my complaint with regard to this software (I am tired of all the hype and non-sense happening in the trading industry.

Can the company sue me for the following?

I am intending to establish what the company says in terms of performance and what are the actual results I had with the program. I would never say anyone is a thief, fraud etc..Any sentence in the website will be "my opinion from my experiance". The same for other people who post complaints.

This of course will most likely produce less sales for them. Can they sue me on those grounds or any other grounds?

The company is in Florida.


Thank you very much.

<HR></BLOCKQUOTE>

There are numerous indivdual anti-company or company-sucks type sites and sites that you refer to. Check out www.ripoffreport.com and www.badbusinessbureau.com

As long as the information that is posted is true, you will not have committed a crime. The company can still sue you though but would not have grounds to wi the case. One idea is to make a comparison chart and compare what the company actually states the product can do and your actual test results. Do not hide behind the website but list your email address and respond to all email.

There are numerous construction defect websites accusing homebuilders by name. Feel free to check it out for ideas at www.hadd.com and www.hobb.org
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by afrister:
Hi,

I am so greatful for your help, thanks. My concern is not them being able to sue me here. Even if they do so, nothing will ever happen. My real concern is if they can sue me in the United States (one point to consider I would think is that people can view the material through the web even though its in a South American server).

Would you think they have a case to sue me in the US?

Thanks,

AF
<HR></BLOCKQUOTE>

My response:

No, they wouldn't be able to sue you here in the United States of America because this country has no jurisdiction over a South American citizen, unless your country is a signatory to the Hague Convention. Unless your country is a signatory, they would have to meet you on your turf.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited August 06, 2000).]
 
A

afrister

Guest
Hi,

Thanks again for your kind help. My last question has two parts. First, do you know if Ecuador is part of the hague convention?

Second, is there a law in the US that requires a company to provide a 30 day money back guarantee if the good purchased is through mail (mail order, internet etc..).

Thank you very much again.

AF
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by afrister:
Hi,

Thanks again for your kind help. My last question has two parts. First, do you know if Ecuador is part of the hague convention?

Second, is there a law in the US that requires a company to provide a 30 day money back guarantee if the good purchased is through mail (mail order, internet etc..).

Thank you very much again.

AF
<HR></BLOCKQUOTE>

My response:

As to the Hague Convention, no I don't. However, you might inquire of the American Consulate to find out.

Well, yes, most States, including Florida, abide by the Uniform Commercial Code. As part of that Code, a product must be "fit for the purpose of which it was intended." But, you'd have to bring your lawsuit in Florida. If you have the money, and are concerned about the principle of the matter, and money is no object, you might consider hiring a Florida attorney (by telephone, fax, and letter) to prosecute your claims in Florida.

Good luck, amigo.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
A

afrister

Guest
Hi,

This is truly the last question!!!!

If I tell the company that if they dont refund my purchase I will post my opinion about them in these websites, would that be considered blackmail or something illigal?

Thanks,

Avi


 

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