YamahaPlayer
New Member
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
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