Can I sue someone who continues to bad mouth my business with different online user name/accounts?
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Can I sue someone who continues to bad mouth my business with different online user name/accounts?
Asked on September 5, 2014 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If what they are doing is defamation, then yes, legally you may sue them--though it can be difficult to prove if they keep using different user names.
Defamation is making an untrue statement of fact which damages your business's reputation. True statements, no matter how harmful, are not defamation; and opinions, no matter how negative, are also not defamation.
So, for example, say that you are a contractor who is required to be licensed by your state--and that you are licensed. Say that you installed a bathroom for a homeowner and, one month after finishing the work, it sprang a large leak, causing extensive damage.
1) Saying that "We used John Doe's Plumbing and our new bathroom sprang a huge leak after one month" is not defamation--it's true.
2) Saying "Don't use John Doe's Plumbing--it's the worst plumber we ever used" is not defamation, either--it's an opinion.
3) But saying that "John Doe's Plumbing is not licensed" would be defamation--you are licensed, so the assertion is untrue as well as damaging.
4) Or saying "John Doe's Plumbers are drug addicts" would be defamation if your plumbers are not drug addicts--again, it would be a factually untrue and damaging assertion.
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