What can I say?

[ptralaska]

What is the name of your state? Alaska
I purchased an investment program from a company whose sales person seems to have lied to me regarding the return policy. The program was not inexpensive and the program provides the info that they claim. Where I have my problem is that when I was finally "sold" on the program (their rep called me several times over the course of a couple months) it was based on ONE promise. In our last conversation I told their rep that I could not justify spending that amount of money on a program that I was not sure I would be compatible with. (It was never about whether or not the Program would generate the info it claimed-it is all about trading style compatibility). He then asked, "...if you didn't have to worry about compatibility, would you have any other objections to the Program?" Obviously, and regrettably, I didn't.
I recently was on a financial chat site and one of the participants asked the room if any of us knew anything about this company, as he was thinking of purchasing. I kept my mouth shut for fear of being sued. What could I have said? If I were to go into one of these sights and state my experience with this company, what are the limits of what I can say? Can I be sued? What other options do I have? I feel like this company (whether knowingly or thru an unethical employee) has gotten away with delibrately misleading me, "stealing" my money, and basically kicking sand in my face. I am one to pursue what I believe is right and I try to always take the high road. I am not looking for underhanded ways to respond to this company-I just want them to own up. So, if anyone knows what I can say in an online forum, newspaper ad, etc... I'd be happy to know. If I am S-O-L, so be it.

 

[JETX]

What could I have said?

The only thing that you could say.... and still be protected in the unlikely event of a defamation suit, is the truth.
Any lies or fabrications that you might make, could be defamation (depending on exact words and context) and could subject you to a legal claim. However, the truth is an absolute defense. Simply, if you were sued... PROVE your statements to be accurate.

 

[Kane]

You're also free to give any opinions that you want.

 

[ptralaska]

Are there specific words that will protect me, such as "In my opinion...", etc... How can I prove what an employee told me over the phone? Is there a way to state what was said, although I could never really "prove" it? By the way, thanks to both of you for your input.

 

[dallas702]

The truth is your experience with them. Anything else you can preface with IMO, but if you don't present your opinion as fact you shouldn't have a problem. It sounds like you fell for the standard telemarketing/sales pitch. Rule #1 for overcoming objections: "If we can eliminate/fix/change/name the verb such-and-such, is there any reason you can't sign right now?".

99.9% of "opportunities" that are sold over the phone are phony and only make money for the salesperson and their company. What exactly was this wonderful opportunity?

 

[Kane]

Seriously, Alaska, slander/libel cases are very rare in the US, mainly because of the First Amendment. The chances that some scam operation could successfully sue you over something you said on the internet are virtually nil.

Watch this:

"Bush is a punk-ass chump."

See? Free speech in action.

(Also, it's not libel, because it's true!)

 

[ptralaska]

In an effort to be truthful, the company I dealt with is a "legitimate" company, and the program I purchased generates the info they claim. My problem is with the "guarantee" given to me by an employee-which is absolutely the only reason I ended up purchasing the program-and the total lack of interest in the truth or in honoring the guarantee or even asking me 1 question about the transaction. So to say they are "scammers" would not be totally accurate. However, IN MY OPINION they are operating very much the way I would expect a "SCAM OPERATION" to operate. And their internal ethics IN MY OPINION are non-existent. They told me they would "sack any employee" they caught lying (unfortunately the employee that sold me the program is no longer there), but they have no interest in verifying my claim. I spoke with another of their sales reps recently that confirmed that they did have that offer available for a short period of time and that very few people had returned it. The only returns were from people who had just "set the program on a shelf" and never used it. Thanks for your reply.
One last question, if I post comments on a financial website as planned, and someone in, say, AUSTRALIA, traffics the website and doesn't like what they read... who's law have juridiction? Would the fact that in their written agreement they specify that California law has precedence be a factor?
I know these are lots of questions for a seemingly simple matter, but I definitely have a lack of trust of this company, and as the "little guy" I want to exercise my rights and, seemingly, my only recourse.

Thanks again to all who have responded.

 

[JETX]

Here is another example:
"Kane is a legal idiot and most of his posts are full of errors."
Again, not actionable.... but for several reasons, including the fact that it is true.

 

[Kane]

Alaska - I don't think you really need to put "IN MY OPINON," but of course you're free to do that if you want to.


Jet - I should have known you were a Republican.

 

[JETX]

Jet - I should have known you were a Republican.

Sorry, but wrong. I am an Independent. That means I vote for the PERSON, not the party. Yep, I have voted both for Republicans AND for Democrats in the same election (different races though). And yes, I do a LOT of research come election time.... evaluating WHO is going to get my vote. Something that I think that everyone should do.

I also have read the US Constitution (and studied Constitutional law), so realize that the President (whichever party) is not 100% to blame... or 100% to credit for the problems of the world.

 

[Kane]

...the President (whichever party) is not 100% to blame... or 100% to credit for the problems of the world.

Didn't say he was... my comment was specifically in reference to his punk-ass chumpness.

 

[JETX]

Didn't say he was... my comment was specifically in reference to his punk-ass chumpness.

I will take 'punk-ass chumpness' (whatever that is), to a President who lies and cheats.... then bends the rules to his own interpretation.

Or the following historical firsts of the Clinton Administration:
- The only president ever impeached on grounds of personal malfeasance
- Most number of convictions and guilty pleas by friends and associates
- Most number of cabinet officials to come under criminal investigation
- Most number of witnesses to flee country or refuse to testify
- Most number of witnesses to die suddenly
- First president sued for sexual harassment.
- First president accused of rape.
- First first lady to come under criminal investigation
- Largest criminal plea agreement in an illegal campaign contribution case
- First president to establish a legal defense fund.
- Greatest amount of illegal campaign contributions
- Greatest amount of illegal campaign contributions from abroad

Or the following fascinating crime statistics racked up by the Clinton Administration:
- Number of individuals and businesses associated with the Clinton machine who have been convicted of or pleaded guilty to crimes: 47
- Number of these convictions during Clinton's presidency: 33
- Number of indictments/misdemeanor charges: 61
- Number of imprisonments: 14
- Number of congressional witnesses who have pled the 5th Amendment, fled the country to avoid testifying, or (in the case of foreign witnesses) refused to be interviewed: 124

 

[gawm]

I will take 'punk-ass chumpness' (whatever that is), to a President who lies and cheats.... then bends the rules to his own interpretation.

Where would you find a politician who does not do any of the above?

 

[JETX]

Where would you find a politician who does not do any of the above?

That is the problem with ALL of them.... by the time they get to the state or national level, they are so 'beholden' to special interest, and their own perversions (in Clintons case).... that none of them are squeaky clean....
I have been approached to run for statewide office at various times by 'political machines'. They seem to lose interest when I let them know that I would vote on behalf of the PUBLIC if elected.
One thing I told them I would do.... I would have a website with copies of ALL bills before the body, and ask my constituents to tell me how they want me to place THEIR vote. Only constituents can 'vote' and each only once on an issue. I would vote on that issue however the majority decided.

 

[seniorjudge]

Politicians and babies' diapers should be changed for the same reason.