Telemarketer threatening to sue for unfair competition

[jenny12345]

Jurisdiction

California

A few weeks ago, I received a call from a telemarketer who was extremely rude after telling him that we weren't interested in purchasing printing supplies from him. I asked to be taken off their call list and they said "no." I then asked to speak to his manager and he asked if he could speak to my manager. I told him I didn't have a manager and he said "Oh so you are the president?" I told him I was even though it wasn't true. I was hoping that if he thought I was president and he had gotten as far as he could he would give up. He became even more aggressive and I hung up. I called back to see if I could speak with his manager. It turns out, he is the owner of the company. He became even more aggressive and I hung up. I called back to see if I could speak with his manager. It turns out, he is the owner of the company. He became extremely insulting at that point so I hung up again. I then emailed him and told him I would leave him bad reviews on every site possible and file complaints with the BBB. I signed my email as President, again, hoping he would see that and give up. He called me a couple more times that evening but I did not answer. HE is now threatening to sue me for "unfair competition" and has issued me a cease and desist as well as requiring that I send him all information on reviews I have posted as well as complaints I filed - I'm wondering if this is actually something I could get sued for?

 

[adjusterjack]

I'm wondering if this is actually something I could get sued for?

Yes.

Anybody can sue anybody for anything.

You really made a dumb move by escalating this. Next time you get a call from a telemarketer just hang up the damned phone the second you know it's a telemarketer. That's what I do and they go away when you do that.

 

[army judge]

I doubt that you'll be sued IF you STOP.

Whatever you do, DON'T be foolish and start posting bad stuff about the dummy's business.

Let it go, breathe and enjoy the coming holiday festivities.

Don't allow THE GRINCH to throw stones and destroy your lovely, glasshouse.

 

[adjusterjack]

Don't allow THE GRINCH to throw stones and destroy your lovely, glasshouse.

Reminds me of a story:

There was once an island kingdom whose people were all fabulously wealthy. Even though they could have afforded to live anywhere they wanted, tradition dictated they stay on their tiny island home.

Eventually, their king became frustrated and called a meeting of the tribe's elders. He said he wanted them to figure out a way he could enjoy his wealth, and stay within traditional guidelines.

After much consideration, the elders suggested he build a magnificent throne. When he objected there was not enough room in his hut for a throne, the elders suggested he call in an engineer to solve the problem.

Soon, the king's tiny hut was rigged with an elaborate system of ropes and pulleys. He could lower the huge throne for use during the day, and at night, he could haul the throne up, and lower his bed. This was truly the best of both worlds for the king.

Unfortunately, after a few months of constant use the ropes frayed, and one night, the throne slipped and came crashing down on the king, killing him.

The wise men of the island recognized a lesson in this experience and added to the lore of their people this statement: "People who live in grass houses should not stow thrones."

 

[ElleMD]

Signing as the President of the company when you are not could get you in hot water with your company. And it should. You placed yourself as the spokesperson for your organization and have put on record your company's complaints, not just your own. A dissatisfied individual is one thing, but a company coming out against another company is quite another and has the potential to impact your company's business. You do not know who the other company does business with or what contacts they have and if word gets out your company, is officially complaining of or making reports against another, that can have a chilling effect on those business relationships. Who wants to do business with a company whose President goes complaint crazy after one bad telemarketing call?

Your options now are to take this to the management in your company and hope they are understanding as they have a mess to clean up thanks to you, or stay quiet and hope it blows over. If you have posted any reviews, remove them. This guy may not back down either way and if your company finds out what you did from some other means, I don't see that ending well for you.