Defamation of our company, Action??

[Eurodriver]

Washington State / Customers in Virginia

I am the owner of a small company and recently had a customer post on several websites about our business practice on ripoffreport and several forums we sponsor.

The customer purchased the items and did not realize our shipping time frame on the items he purchased. I have personally emailed him to inform him of the shipping time frame and to let him know the shipping label has been prepaid, addressed and ready to send this Monday; this is a full week ahead of our shipping deadline. I have confirmed emails where sent to confirm his order when placed and an email was replied when he questioned where his order is as well as my follow up email to tell me he was going to post negative if he did not receive his order wiht next day shipping.

Now I would have no problem if he would have let people know of our shipping practice and how he is not happy, I can reply and explain this easily with little harm done, but his exact posts are do not buy from this company they will rip you off and as well he still wishes to receive his purchased items.

What should I do (Cancel his order with a full refund) Send the order anyway.

Also I would like to send a letter to Cease and Desist any further posting on the subject and possible send a intent to sue letter if he does not have this information removed.

Please help very curious / bothered on what to do.

Thank you,

Al

I a

 

[moburkes]

What is defamatory? What exactly did he state, besides to not buy from your company? Of course, you should send the items that he paid for.

 

[JETX]

Sorry... US LAW ONLY!!

 

[moburkes]

Sorry... US LAW ONLY!!

Dang it! I even saw his screen name, but didn't pay attention to the lack of a state. Where've you been?

 

[Eurodriver]

We are a US company.

He posted on ripoffreport claiming that we ripped him off (rip off in my book is we stole from him). As well he posted on forums that no reponse and do not buy from this company as they will steal from you. At least that is a basic summary. I believe this is libel as he published these on a site he does not own. I have no dought he is telling everyone as well but word of mouth does not hurt us like a post will. 90% of our business is internet based and about 1/2 is directly from forums he posted on.

Thanks,

Al

 

[Just Blue]

We are a US company.

He posted on ripoffreport claiming that we ripped him off (rip off in my book is we stole from him). As well he posted on forums that no reponse and do not buy from this company as they will steal from you. At least that is a basic summary. I believe this is libel as he published these on a site he does not own. I have no dought he is telling everyone as well but word of mouth does not hurt us like a post will. 90% of our business is internet based and about 1/2 is directly from forums he posted on.

Thanks,

Al

The first thing asked when you are posting a thread is "What state are you in"...You had to delibertly delete this. Please answer the question...What state are you in?

 

[moburkes]

When you started your thread, it asked what state you're in. You deleted that question. You will not be responded to, without that answer.

 

[Eurodriver]

Well its my first post. I did not see that section at all. We are in Washinton State, the Customer is in Virginia. Sorry.

Al

 

[Eurodriver]

Edited my post, any advice on sending a letter out to him.

Al

 

[Just Blue]

Well its my first post. I did not see that section at all. We are in Washinton State, the Customer is in Virginia. Sorry.

Tyler

It is in the memo box that comes up when you start a thread..the one you had to type your post in...You had to have deleted it...
All state have different laws, so that is why we want your state.

 

[JETX]

What should I do (Cancel his order with a full refund) Send the order anyway.

Of course, you can do either of the above... whichever makes you feel the most comfortable.

Also I would like to send a letter to Cease and Desist any further posting on the subject and possible send a intent to sue letter if he does not have this information removed

As above, you can do that if you want... but there is really nothing you can do.... especially if his post accurately reports the circumstances.

 

[moburkes]

He believes that he was "ripped off", which doesn't automatically equate with stealing. If it were me, I would simply respond to the post with factual information. I would state that shipping timeframes are clearly listed here, here, and here, on the website, and that in emails with the customer you confirmed the normal shipping timeframe. I would also explain that, due to (whatever circumstances allowed this to occur), you are shipping the items to him 1 week earlier than the deadline. I am assuming that the deadline that you refer to is 30 days.

 

[Eurodriver]

I will ship the item for sure. I did plan to respond a simalar fashion to how you put, we ship all item in under 3 weeks today is just over 1 1/2 weeks.

Th biggest problem however he states clearly that we ripped him off and post to not buy from this company. So even if I reply with the 100% true facts and explain that our time frame/policy is.The average custom will see the initial post and buy elsewhere.

I feel if I where to send him a ltter or two he may wasie up and remove or at least clairfy these post. As well if i where to issue a Cease and desist on this matter he would not leagally be able to keep posting these false remarks

Al

 

[moburkes]

Based on the little bit of information that you provided, his statements were not false. His perception is that you ripped him off. Instead of trying to get back at this customer, I would try to solve the problem. Why don't you ship for 3 weeks, yet, since his upsetting statements, you can suddenly ship in less than 1 1/2 weeks? THAT is what I would focus on.

 

[Eurodriver]

I guess I am not clear. He flat out said we ripped him off stole from him and do not buy from this company and posted this on 3 webforums and ripoffreport

Our shipping times cover delay and back ups and we state that shipping on custom orders can take up to 3 weeks. When we ship it on Monday and allow 3 days of shipping time it will be about 2 1/2 weeks.

We have been very clear, helpfull and nice to this customer. I am not tryingto get revenge but I want to protect our company from false remarks and even if sending a letter out is overkill I think it gets the point across. A lot of our customers are younger and react, do not think of th impact of what they write.

Al