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Legal advice, is it illegal to post a bad review about a company? Or vent about them

post #1 of 24
7/25/10 at 3:05pm
Thread Starter 
... on the internet?

So I have had horrible luck with this online jacket company. They sent me jacket 1 a year and half ago and it had a very bad flaw. I won't mention specifics. A month later I got the replacement, jacket 2 and it too had a couple bad flaws but I kept it because I was sick of waiting. Fast forward to today, I gave them another shot and I got jacket 3 and it too had an awful flaw. Not only that but it was someone else's returned jacket (I know because I know the person who originally had it). Obviously the quality control is freaking awful. I vented about it but didn't say anything derogatory really at all. The owner messaged me and was pissed about me venting and threatened legal action. Specifically he said

"You like a lot of people think you can say what ever you wish about a company... and vent all you want ... I forward everything I read to our Law Firm and now and then some folks have to pay for their mitakes.. Just a word to the wise for any of your future out burst.. "

After I get a refund I still want to post a bad review about the company. An unbiased review, but still negative. Is this illegal? How can he possibly bring me to court for posting a review about actual factual experiences? I think it's important I speak up and do so and warn other potential buyers that there is a serious quality control issue here.
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post #2 of 24
7/25/10 at 5:39pm
Hahahaha the guy is completely full of shit. Review away.
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post #3 of 24
7/25/10 at 5:45pm
I think Yelp had this problem awhile back. you might want to see what happened over there.
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post #4 of 24
7/25/10 at 6:28pm
Thread Starter 
I think if I word it like I had really bad luck but don't say any thing general about their quality they can't do anything. I'll even say good stuff but just say quality issues keep me from buying again.
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post #5 of 24
7/25/10 at 6:31pm
I think you are only in trouble for libel if what you are saying is false
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post #6 of 24
7/25/10 at 6:35pm
Quote:
Originally Posted by JD_May View Post
Hahahaha the guy is completely full of shit. Review away.

This.

***This post does not constitute legal advice in anyway.***
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post #7 of 24
7/25/10 at 6:36pm
Be honest and u will be fine. The guy is full of shit.
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post #8 of 24
7/25/10 at 7:06pm
That's hilarious, you should tell us the company. Oh, and hopefully you aren't in England - I don't know much about it, but I have a feeling it's easier to sue for libel there.
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post #9 of 24
7/25/10 at 7:24pm
In America, truth is a defense to libel. Other countries have more restrictive speech laws.

*I am not a lawyer*
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post #10 of 24
7/25/10 at 8:11pm
Thread Starter 
So if all I do is post pics of all 3 crappy jackets he really can't do shit haha
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post #11 of 24
7/25/10 at 8:12pm
Dude, have you ever used the internet before? Negative product reviews are all over the place.
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post #12 of 24
7/25/10 at 8:23pm
Quote:
Originally Posted by z7f9q View Post
That's hilarious, you should tell us the company. Oh, and hopefully you aren't in England - I don't know much about it, but I have a feeling it's easier to sue for libel there.
It is. In England, the burden of proof rests on the defendant, whose statements are presumed false and who has to establish that they are true. As you may know, in the United States, the plaintiff, or accuser, must prove that the statement in question was false; public officials must also prove that it was made maliciously, with “reckless disregard” for the truth. It's actually a huge problem in England and people are fighting to have the laws changed over there.
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post #13 of 24
7/25/10 at 8:43pm
Thread Starter 
After I get a refund I will post the review here. The sad truth is they ARE great jackets but everyone I've gotten was flawed.
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post #14 of 24
7/25/10 at 8:49pm
It's certainly not "illegal", in that it is not a criminal offense. It may give rise to a civil suit if he can prove defamation, but as others have said truth is a defense in such cases.

If you get a letter from his attorney it just means he has hired an unscrupulous attorney to send out legally deficient cease and desist letters. Report him to the ethics board and then sue him for harassment.

I am a Pennsylvania lawyer, and would be happy to refer you to a local bar association for a referral if you get any nonsense from this guy or his piece of crap attorney. These kind of deceitful actions bring dishonour on our already beleaguered profession. Destroy them both.
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post #15 of 24
7/25/10 at 8:49pm
Quote:
Originally Posted by JMRouse View Post
It is. In England, the burden of proof rests on the defendant, whose statements are presumed false and who has to establish that they are true.

As you may know, in the United States, the plaintiff, or accuser, must prove that the statement in question was false; public officials must also prove that it was made maliciously, with "reckless disregard" for the truth.

It's actually a huge problem in England and people are fighting to have the laws changed over there.

That's terrible, I had a feeling that was the case, but I didn't want to be the one to say it.

I recall it got a lot of publicity after a scientist (journalist?) got sued for saying that homeopathic medicine was bunk, or something like that.
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