Can I be sued for statements made in a Online Forum?

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YamahaPlayer

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I had an dispute with a certain company in which I bought a used guitar from online. Initially the sales rep had the guitar in hand as I spoke to them over the phone. When I asked about the guitar's condition, the rep claimed it was "practically brand new" with "no damage."

When the guitar finally arrived I was shocked to see a large sweat stain on the guitar caused by heavy usage from the previous owner. Under my observation this is not the sign of a "practically brand new" guitar. When I explained my problem I was told that nothing can be done about it other than a return that would come out of my pocket (money for shipping plus a 3% re-stocking fee). I asked for the business to pay for the return shipping, as I believed the rep was at fault - but I was denied. I then asked for a price adjustment instead, seeming how I felt the rep misled me and/or didn't describe the guitar accurately. I was denied again. I was told that the sweat stain does not constitute "damage" and when I asked for the system in writing that they use to grade used items I was told there wasn't any in writing but it comes from an employee's personal assessment.

After being denied and brushed off I filed a claim with BBB and received two responses from the company through them, the latter being a claim that I made "slanderous statements" against the company in an online forum. I did in fact state my problems and vented them in an online forum, but in no way would I consider them to be slanderous as they were all true.

My question is this:

- Can I, as a forum user, be sued for statements made about an employee and a company when these statements were posted in an online forum?

- Are there any laws or previous cases that would relate to my situation?

Thanks in advance
 
Thanks for responding dee_dub.

If the basis upon which the statements made on the forum are based upon a phone conversation, would it be a valid case even though I see it becoming a he said/she said argument?

Thanks again
 
Depends. :) What is it you wrote online that they are alleging is defamatory? And what evidence can you produce that those online remarks are true?

I could see this possibly turning on credibility. And if that's the case, I doubt they'd be foolish enough to bring a lawsuit in the first place. My two cents: forget about it unless and until they serve you with court papers.
 
I basically started a thread stating how I liked the sound of the guitar, but I was a bit taken back by the lack of accuracy in the description. Because the store was recommended through members of the forum I figured to ask for advice. I decided to ask for a price adjustment or free return shipping (equalling about $50) and was denied on both. I then started a new thread staing how I felt cheated and that the salesperson didn't accurately describe the guitar to me prior. I was told by the salesman that he didn't think it was considered "damage" or something significant enough to tell me over the phone, despite it being completely irreversible.

The big issue is for me that if he had told me about it I could have made an informed decision on whether or not I wanted to purchase it. I am positive that if I had known about the large stain I would not have spent so much money on it and would have looked else where. I was deprived of signifcant information regarding a purchase and this led to my 'rant.'

Out of curiosity what makes you think they wouldn't pursue a case?

Thanks again for your input as it has brought some much needed light on the issue
 
I suspect they will not sue you because it's not worth their while, their odds of winning are not great, and the downside (if they sue you unsuccessfully) is the implication that they did in fact lie to procure your purchase. The risk/reward ratio is not favourable for them. Looks to me like they're just posturing for the BBB.
 
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