Internet Slander

[Nitrostang]

I have an Internet Based Auto Parts Business. There is a Specific Vendor I buy some product from that I have an Outstanding Balance with. We have broken contact due to his posting has has retained an Attorney and Can't talk with me any longer. This company is openly Bashing me and my Company on many Web Sites. He also now has customers being very specific and harrasing me about or situation over the phone.

I am not doubting there is a debt that needs to be settled. Do I have any feedback towards him and his business for Bashing me? I know factually that I have lost a few sales so far since this started last week.

Any Help would greatly be appreciated.

There is also a second business Local to me that is getting invloved in the "Drama" He has called my home and bothered myself and my wife.


Please help!!!!

 

[NYClex]

now it depends on the details if you have a case or not. There are some torts which he might be committing:

One would be the tort of "disparagement" which covers attacks made against a plaintiff's business.

The elements are:
-a false statement of fact
-disparaging the plaintiff's business or property
-which was publicated (that means made to be known by at least one other person
-that was all done intentional
-and it has caused damage

The statement must be disparaging, that means it must have the effect that others don't want to deal with the plaintiff or similar damage. The statement must be false and the defendant must have intended this effect.

So a true statement will not give you a case, like: This guy owes me money! or I am having a lawsuit against him...

But if he says something like: This guys screws his customers or anyone who buys there will be given faulty produits... it could be disparagement

A similar but somewhat broader tort is "injurious falsehood" which has basically the same elements.

Then there is "interference with contract relations" and "interference with prospective advantage."


So basically what you can do is this:

-gather all the evidence of publications of false statements or actions which interfered with contractual relations or prospective advantage
-record the damage it has done, you must prove damage in most of these torts
-then go and see an attorney and consult with him about what to do

 

[Nitrostang]

Thanks for your reply. I have copied everything I have found Statement wise he has made. One specific instance I did have 1 customer that I was going to be doing about 800.00 worth of labor work on his car. I had worked on it 2 previous times for small jobs. He contacted me and specifically told me because of what was happening and being said he could not take a chnace and bring the car to me.

In a situation where I might have a case, is it something that a Retainer would be required up front? Or is that dependant on if an Attorney feels it might be a profitable situation?

Thanks again.

What can I do about the fact that he has also called my Land Lord and advised him of the situation. Obviously my Land Lord really does not care as long as he gets his money. However it is slightly embarassing.

 

[NYClex]

If you sue for disparagement, first of all you have to be sure that what was said fits the definition of the tort elements, that is basically (1) it must be false (2) it must be disparaging and (3) he must have intented to cause damage to you. You have to prove all these elements.

But in the tort of "interference with prospective advantage" actually it does not necessarily need to be a false statement, as long as you can prove that he intended to hurt your business in the way that customers would not deal with you who would otherwise have dealt with you.

Would an attorney expect a retainer? Probably.

Depending on the substance of the case he might be committing the tort of defamation when he tells your landlord things, even without actually interfering with the business relation you have with your landlord. But if this affects that relation, say, the landlord does not want to renew your lease because of that, this would also be the tort of "interference with contract relations."

 

[Nitrostang]

Internet Issue

In reading a specific website it seems that the owners of the site are supportive of this vendor slamming me. If I do this legally can I include the Web Site in this due to them giving him permission to bash me?

 

[Nitrostang]

Additional Information

After talling with a few Vendors today it seems that 2 of my accounts have been switched to COD instead of Terms. No big deal. I would prefer to give a Credit Card Number anyway to make sure there are no bills at the end of the month. It is easier Bookeeping also.

Now he has openly posted things about myself and my Land Lord. He is talikg about my shop and if I have Insurance and things like that needed to runa a shop.

Please Help here. I am at my wits end. If he wants money when he takes me to court then he is in for a big surprise.