Legal Question.....How Difficult is it to sue somebody over something said in a forum | FerrariChat

Legal Question.....How Difficult is it to sue somebody over something said in a forum

Discussion in 'Other Off Topic Forum' started by F355 Fan 82, Aug 7, 2011.

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  1. F355 Fan 82

    F355 Fan 82 F1 Veteran

    Jul 22, 2006
    9,063
    Somebody has said something slanderous about me and my company in another forum and it is not completely true, although some claims are! Is suing them a realistic option? Or would I be better off just asking the forum to remove the post which one forum already did and the other did not.

    At this point the one post that's removed I can't do much about that correct? What can be done about the remaining post? Is there any way to find out who made these claims or would it be too time consuming and costly?

    Any help is appreciated thanks.
     
  2. Schatten

    Schatten F1 World Champ
    Owner

    Apr 3, 2001
    11,238
    Austin, TX
    Full Name:
    Randy
    IANAL, so I do not know about suing. But I would suggest you avoid that, or else you bring the attention of the alleged accusations to the forefront of everyone out there, especially those that don't know about that forum and thread.

    It's probably in google cache by now. Having it removed on the forum might alarm others, and cause a bit of stir with the admin because he or she is censoring it. But all you can do is ask.

    If it is something slanderous to you personally, let is slide, be better than that. If it is something slanderous to your business that you own, that's a different story. Just be a better company than sue happy ones for simple libel issues on the internet.

    Now, if it is Yelp and that's the issue on your company... it's a different problem. You'll want to contact the person directly to see if you can right that. It doesn't always work, but it is worth a shot.
     
  3. dstacy

    dstacy F1 World Champ
    Owner Rossa Subscribed

    Jan 23, 2006
    11,998
    GMT -5 & GMT +1
    Full Name:
    Dave
    People can post, and do post, all the time. Smart people take anything posted in the open on the 'net with a grain of salt. Any 14 year old with a laptop can post at will. You can spend all your time, and money, chasing down bad reviews, posts, etc.

    Or you can run a successful business, take the high road, and live a good life.
     
  4. Ferraribot

    Ferraribot F1 Veteran

    If it hasn't negatively affected your business or life I don't see how you could do much except have an attorney send them a cease and desist letter. I'm not a laywer though but I have been threatened by someone I posted some stuff on the internet about (thought it was true).
     
  5. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,896
    Generally, a forum isn't held liable for what members say on it. So, you'd have to sue the poster. Which means you'd need to find out who that poster is. That would mostly be through a disclosure request to the forum from your attorney.

    You can indeed sue for defamation (slander or libel). In this instance, it's libel (written), but...really? It will cost you some funds to retain counsel, and you won't get any recovery, most likely. So, this will just be an expense. Moreover, there is a defense to a defamation claim, and that is the truth. Not implying you're not telling the truth, just explaining the law.

    Basically, you can set the record straight, be silent or sue. Cease and desist letter? Publish a retraction? There may be less costly alternatives.

    For reference, I'm admitted at the NY Bar.

    CW
     
  6. Schatten

    Schatten F1 World Champ
    Owner

    Apr 3, 2001
    11,238
    Austin, TX
    Full Name:
    Randy
  7. SPEKTRE76

    SPEKTRE76 Rookie

    Aug 11, 2011
    11
    Yeah, what he said. And you may want to be even more careful than previously stated by others because Lulsec or Team Poison may hear about you. Then you'll have even bigger problems than before. I say just let it roll off your back. The guy who said it is obviosly a scared punk in his mom and dad's garage somehwere. And we do have freedom of speech so trying to suppress it would just make you look bad. Which I am sure he is trying to accomplish, getting a reaction stuff like that. He/ she is not even worth the time and energy it would take to rectify the situation. I have heard that rival companies actually pay people to do stuff like that, sick I know.
     

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