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Businesses Can Sue For Negative Comments On A Message Board?


Guest fibonacci
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Guest fibonacci

http://www.nationaljournal.com/tech/this-guy-may-get-sued-over-an-amazon-review-20140507

This guy purchased a router on Amazon. The guy wrote a review saying it sucked and it was a router that some other company sells. Well the business responded with a letter saying they will sue him for defamation. Amazon did take the business off of their site. But the man can still be sued.

There is other companies saying they'll sue. And have won millions of dollars. And sometimes they lose. But man if you pick the right judge you win.

And no bill brasky I'm not going to sue you for talking crap on my business on here. :P

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Guest fibonacci

I ran into someone years ago that was nut. They were licensed for fortune telling of reading through tarot cards and stars. I said they were an idiot and a liar. And they threatened to sue me for defamation of character. I laughed then, but man they really could have.

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We have the exact same case here in Germany. Someone wrote a negative comment on Amazon. claiming that the product was faulty and seller´s support was unwilling to help him. Some emails back and forth, the buyer eventually contacted Amazon and Amazon closed the seller´s account. Now the seller is suing the buyer for 70.000€ (~ $100K) in damages because he can not sell on Amazon anymore.

To me the real problem seems to be Amazon closing the account. The item´s value was only 30€ and it was a single comment. Amazon clearly overreacted in both cases, escalating the events by banning the seller.

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The guy made libelous comments. He accused the company of posting fake reviews and that the company only rebranded their router and that it was no different tha another router that was much cheaper for half the price. His only basis was that they had the same FCC id, but ignored that the firmware could be different, which makes the world of difference.

The guy making the comments even admitted that he had no proof for either of these comments after he made them.

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The guy made libelous comments. He accused the company of posting fake reviews and that the company only rebranded their router and that it was no different tha another router that was much cheaper for half the price. His only basis was that they had the same FCC id, but ignored that the firmware could be different, which makes the world of difference.

The guy making the comments even admitted that he had no proof for either of these comments after he made them.

The one lady got sued, not for saying the company did lousy work, but that they stole some jewelry. Unless you have proof, calling anyone a criminal or accusing them of having a communicable disease in public, are grounds for defamation or libel, depending on the medium used. As well it should be.

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Guest fibonacci

The guy made libelous comments. He accused the company of posting fake reviews and that the company only rebranded their router and that it was no different tha another router that was much cheaper for half the price. His only basis was that they had the same FCC id, but ignored that the firmware could be different, which makes the world of difference.

The guy making the comments even admitted that he had no proof for either of these comments after he made them.

I get that, but to sue someone over it? it's one bad review.

I had a guy write a review on angies list on me saying that he called my business at 10 PM and would not answer my phone. and that he would never use me again because I provided horrible costumer service. Now later on I found out from his wife that he was beyond drunk and was in a cranky attitude.

- So I could have seriously sued him. that is something I would never dream of doing. anyone who read that probably died out laughing as well.

I just couldn't imagine sueing someone for not liking me. I could see if the person went out and said, "this guy takes your tax refund and then you get in trouble with the IRS and blah blah blah" and posted it everywhere. Then I could see going after someone. but something like that or someone on the message board saying you suck, is not something to sue someone over.

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Guest fibonacci

The moral of the story is be very general in your review or if you have specifics they need to be well supported.

moral of the story to me is: "never say anything bad about someone, regardless if it is true. because we live in a country where you can get sued over a company being butthurt".
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The one lady got sued, not for saying the company did lousy work, but that they stole some jewelry. Unless you have proof, calling anyone a criminal or accusing them of having a communicable disease in public, are grounds for defamation or libel, depending on the medium used. As well it should be.

It is only libelous if it isn't true. The burden of proof I think lies with the person refuting the statements correct?

The guy made libelous comments. He accused the company of posting fake reviews and that the company only rebranded their router and that it was no different tha another router that was much cheaper for half the price. His only basis was that they had the same FCC id, but ignored that the firmware could be different, which makes the world of difference.

I still think he would have been ok in this scenario

The guy making the comments even admitted that he had no proof for either of these comments after he made them.

But not after this.

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True Story: The Radio Shack store where I live is run by an incompetent buffoon. I went in with my new smartass phone and asked him (The owner of this franchise I got the phone thru) How to fix a problem I had with pre-emptive texting. His Answer: "Try texting less, that should help".....mellow.png Da phuk? Really? So yeah I left him a scathing online review. He threatened to sue. He lives 4 blocks from me. I told him to sue all he wants, but he can only count on two things for certain: 1. You WONT ever see a dime, because yer an idiot. 2.You WILL get your *** kicked every single time I see you. Forever.

I never got sued and the review is still there.

Moral of the story? Don't let a small town hardware store owner try to run a Radio Shack. Friggin' idiot.

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Guest fibonacci

True Story: The Radio Shack store where I live is run by an incompetent buffoon. I went in with my new smartass phone and asked him (The owner of this franchise I got the phone thru) How to fix a problem I had with pre-emptive texting. His Answer: "Try texting less, that should help".....mellow.png Da phuk? Really? So yeah I left him a scathing online review. He threatened to sue. He lives 4 blocks from me. I told him to sue all he wants, but he can only count on two things for certain: 1. You WONT ever see a dime, because yer an idiot. 2.You WILL get your *** kicked every single time I see you. Forever.

I never got sued and the review is still there.

Moral of the story? Don't let a small town hardware store owner try to run a Radio Shack. Friggin' idiot.

LOL that is nuts. I still can't believe I had someone tell me that when they were one of those nut job psychics. She threatened me and I laughed. But nothing ever happened, because I thought she couldn't. but she could have really.

moral of the story............ people sue for anything and lazy phucks. but it shocks me because this is "businesses", not some joe blow going through a mcdonalds line and having coffee to hot on them.

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LOL that is nuts. I still can't believe I had someone tell me that when they were one of those nut job psychics. She threatened me and I laughed. But nothing ever happened, because I thought she couldn't. but she could have really.

moral of the story............ people sue for anything and lazy phucks. but it shocks me because this is "businesses", not some joe blow going through a mcdonalds line and having coffee to hot on them.

Granted this would have been a whole diff. story if a corporation or any buisness not run by an idiot had gotten after me. It honestly was not more than me walking 4 blocks and telling the goof off. You can yelp at a big suit all ya want but you'll still be in court, and probably worse off. Remember tho, knives cut two ways,..if they can sue for a bad review, I think that makes them more open to lawsuits themselves.

And personally, as a side note, Just my opinion, but any one willing to sue someone should be required to put down 5 grand that they are willing to forfeit if they lose. That would stop a lot of garbage suits. Give the 5 grand to a charity/(charities) of the winner's choice.

I know, a pipe dream, but it would make the world a better place in so many ways. wink.png

Edited by Guvmintcheeze
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Guest fibonacci

Granted this would have been a whole diff. story if a corporation or any buisness not run by an idiot had gotten after me. It honestly was not more than me walking 4 blocks and telling the goof off. You can yelp at a big suit all ya want but you'll still be in court, and probably worse off. Remember tho, knives cut two ways,..if they can sue for a bad review, I think that makes them more open to lawsuits themselves.

And personally, as a side note, Just my opinion, but any one willing to sue someone should be required to put down 5 grand that they are willing to forfeit if they lose. That would stop a lot of garbage suits. Give the 5 grand to a charity/(charities) of the winner's choice.

I know, a pipe dream, but it would make the world a better place in so many ways. wink.png

I live in pipe dreams too. I think people should have to have a diploma to vote. <<<<----------- yeah I said. biggrin.png I am getting tired of seeing 100's of people vote that have ZERO knowledge on what president actually means.

and then every time our president lies they get caned one time for minor and 5 times for federal. Passion-back+legs+caning+design.jpg

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I live in pipe dreams too. I think people should have to have a diploma to vote. <<<<----------- yeah I said. biggrin.png I am getting tired of seeing 100's of people vote that have ZERO knowledge on what president actually means.

and then every time our president lies they get caned one time for minor and 5 times for federal. Passion-back+legs+caning+design.jpg

I'll continue to stay out of politics if that's the result thank U verra much.

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It is only libelous if it isn't true. The burden of proof I think lies with the person refuting the statements correct?

I still think he would have been ok in this scenario

But not after this.

Actually if you sue someone for liable or slander, they have to prove their statement is true, otherwise judgement for the plaintiff.

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I live in pipe dreams too. I think people should have to have a diploma to vote. <<<<----------- yeah I said. biggrin.png I am getting tired of seeing 100's of people vote that have ZERO knowledge on what president actually means.

and then every time our president lies they get caned one time for minor and 5 times for federal. Passion-back+legs+caning+design.jpg

Not what Rhianna had in mind me thinks...

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Actually if you sue someone for liable or slander, they have to prove their statement is true, otherwise judgement for the plaintiff.

Actually, you have it backwards. To sue, you have to show the statement was false, public, injurious, and unprivileged.

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