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Stealing business at our expense

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Shull429

Junior Member
Georgia

My husband and I own a buy/sell/trade media store. We are dealing with an individual who sits outside of our store making offers on items before customers come in and he is messaging customers on facebook who are leaving comments on our page to sell us their media to our store. He is basically stealing business away from us at our expense.
Our question is, what type of legal rights do we have? What laws is this individual breaking?

Thanks
 


quincy

Senior Member
Georgia

My husband and I own a buy/sell/trade media store. We are dealing with an individual who sits outside of our store making offers on items before customers come in and he is messaging customers on facebook who are leaving comments on our page to sell us their media to our store. He is basically stealing business away from us at our expense.
Our question is, what type of legal rights do we have? What laws is this individual breaking?

Thanks
Loitering? No permit to sell?

Have you reported this individual?
 

Shull429

Junior Member
He isn't selling anything only buying items. There are no signs posted for loitering but he's been asked to leave. He has not resorted to Facebook in which we cannot do anything except block him from commenting, you can't actually block a person.
 

Shull429

Junior Member
He isn't selling anything only buying items. There are no signs posted for loitering but he's been asked to leave. He has not resorted to Facebook in which we cannot do anything except block him from commenting, you can't actually block a person.
I ment to say now resorted .. not not
 

quincy

Senior Member
He isn't selling anything only buying items. There are no signs posted for loitering but he's been asked to leave. He has not resorted to Facebook in which we cannot do anything except block him from commenting, you can't actually block a person.
I recommend you report the individual to authorities. In most communities, it is a violation to buy or sell items on the street without a permit.
 

Shull429

Junior Member
But my question is what laws is he breaking by hindering our business? Buy him doing these things he is costing us to lose money.
 

quincy

Senior Member
But my question is what laws is he breaking by hindering our business? Buy him doing these things he is costing us to lose money.
What law is he breaking? If he owned a store next door to yours, he could easily take away your customers by offering better prices so the fact that he is buying items is not breaking any law.

The laws this individual appear to be breaking have to do with his location - sitting in front of your store to intercept your customers. For this type of business interference, you need to report the individual to city authorities.

Good luck.
 

LdiJ

Senior Member
Georgia

My husband and I own a buy/sell/trade media store. We are dealing with an individual who sits outside of our store making offers on items before customers come in and he is messaging customers on facebook who are leaving comments on our page to sell us their media to our store. He is basically stealing business away from us at our expense.
Our question is, what type of legal rights do we have? What laws is this individual breaking?

Thanks
Ok, so he is buying things from people that you would normally want to buy in order to resell? He is basically cherry picking the best stuff before you have a chance to make an offer on the items?

He is doing the same with your facebook page?

Other than to get him moved along for loitering, and finding a way to block him from your facebook page, I am not at all sure what you can do.
 

quincy

Senior Member
Ok, so he is buying things from people that you would normally want to buy in order to resell? He is basically cherry picking the best stuff before you have a chance to make an offer on the items?

He is doing the same with your facebook page?

Other than to get him moved along for loitering, and finding a way to block him from your facebook page, I am not at all sure what you can do.
The guy potentially can be fined or arrested under various and assorted city ordinances. But it would take reporting the fellow to authorities for this to happen.
 

LdiJ

Senior Member
The guy potentially can be fined or arrested under various and assorted city ordinances. But it would take reporting the fellow to authorities for this to happen.
I do not disagree at all, but the logistics for buying vs selling are different. If you are selling you have to have available stock for the potential customers to see. Its harder to pack up stock and move quickly if it looks like you are about to be busted. If you are only buying, and you put everything in your car between purchases, then you can simply walk away if things look sketchy.

Its just a really odd situation. I would think that most people would at least go in the store and see what the store has to offer before selling to some guy sitting out front...and would only want to sell to the guy sitting out front if the store was offering less. I would likely battle it by offering a bit too much money to people for a week or so, to get the guy to get fed up and leave.
 

quincy

Senior Member
I do not disagree at all, but the logistics for buying vs selling are different. If you are selling you have to have available stock for the potential customers to see. Its harder to pack up stock and move quickly if it looks like you are about to be busted. If you are only buying, and you put everything in your car between purchases, then you can simply walk away if things look sketchy.

Its just a really odd situation. I would think that most people would at least go in the store and see what the store has to offer before selling to some guy sitting out front...and would only want to sell to the guy sitting out front if the store was offering less. I would likely battle it by offering a bit too much money to people for a week or so, to get the guy to get fed up and leave.
It is odd. I agree.
 

Shull429

Junior Member
After speaking with a local lawyer. Tortious interference and/or intentional business interference. What he is doing is illegal.

Thanks for your help.
 

LdiJ

Senior Member
After speaking with a local lawyer. Tortious interference and/or intentional business interference. What he is doing is illegal.

Thanks for your help.
I honestly do agree with you. However, what has the lawyer suggested that you do to make him go away? I am not saying that to be snarky, I am saying it because other than offering enough money that no one will want to sell to him, I cannot think of anything that you can really do to make him go away and stay away for good.

He is competing with you for product. His way of doing it is underhanded but essentially that is what he is doing. He could rent a storefront a few doors down from you and do the same thing, and it would be perfectly legal.

If I were in your shoes, I would compete with him until it is no longer worth his while to dog your store and your facebook page, and he goes away.
 

justalayman

Senior Member
After speaking with a local lawyer. Tortious interference and/or intentional business interference. What he is doing is illegal.

Thanks for your help.
. You should research the law in Georgia regarding tortious interference with a business relations. What you described here does not meet the definition in Georgia. You may have included facts when speaking with the attorney you have not disclosed here but based solely on what you have disclosed here; it doesn't meet the requirements.


The lawyer may be willing to send a scare letter threatening the guy. If it comes down to filing suit and going to court; let me know when you sign the retainer.


Ldij; if this was tortious interference with a business relationship, to
Make them go away you sue them for tortious interference
With a business relationship.
 

quincy

Senior Member
After speaking with a local lawyer. Tortious interference and/or intentional business interference. What he is doing is illegal.

Thanks for your help.
Unless there is far more to your story than what you have related to us here, your local lawyer is wrong. I agree with justalayman.
 

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