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want to create my own website to tell what a business did to me

Discussion in 'Defamation, Libel & Slander' started by Magsters, May 9, 2020.

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  1. Magsters

    Magsters Law Topic Starter New Member

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    Jurisdiction:
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    Salon owner ruined my hair so badly that another salon had to cut 12 inches off, it couldn't be saved. Salon owner also refused to speak with me, slammed the door in my face.

    I want to create a website and buy the domain www.(xyz)ruinedmyhair.com, upload pictures, my recorded attempts to talk to salon owner and security cam footage showing her slamming the door on me. Everything will, of course, be truthful, and provable. Can I do this?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Can you? I'm sure you have the capability to do it. Do you also have the $10,000 that it will take to start defending you when you get sued? Truth may be a defense but it doesn't prevent the lawsuit from being handed to you.

    Instead of going scorched earth like that why not just write a brief review on Yelp with a few short, truthful sentences about the unsatisfactory results along with a photo of the results. That should take care of getting the word out to potential customers without getting yourself sued.

    Meantime, your hair will grow back out so you don't really have any damages to sue for other than what it cost you at the second salon if you want to go that route.
     
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  3. Magsters

    Magsters Law Topic Starter New Member

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    Appreciate the feedback, adjusterjack. Why would I get sued? (Serious question, not being thick). Negative reviews on Yelp are hopefully honest, as would be my website. The issue isn't that my hair will grow back, of course it would. The issue is that a brief review (which is what Yelp allows) doesn't begin to cover what happened during this whole ordeal. Is the issue that I use her name in my domain name? The fact that I would create a site myselt? I know anyone can sue for any reason, but would salon owner actually have grounds. She can SUE for $10,000, but what would be her chances of prevailing?
     
  4. justblue

    justblue Well-Known Member

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    Yes, she would have grounds to sue you. And you misunderstand...the 10 K is what your retainer will likely cost to BEGIN to defend you in civil court.
     
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  5. Magsters

    Magsters Law Topic Starter New Member

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    And thank YOU, justblue. What would be her grounds? Why would my website be any different than a brief negative review on Yelp? I would think (but me not being a lawyer, which is why I posted here) that I have a 1st Amendment right to post what happened. What, exactly would her grounds for suing me be?
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Defamation.

    Because until you go to court and get a judgment against her that says she did wrong (which you obviously aren't willing or able to do) all you have is unproven allegations (no matter how much you swear up and down that they are true.

    You, like many others who want to mouth off when you are angry, misunderstand the 1st amendment.

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

    The 1st amendment has to do with the government limiting your freedom of speech and even that's not absolute.

    If you need a civics lesson read the explanations at the following site:

    First Amendment

    When it comes to people and businesses you have no right to freedom of speech if you are on their property (they can throw you out if they don't like what you say) or engaging in defamation (they can sue you for what you say and the burden is on you to spend lots of your money to defend yourself).

    Another reason not to create a website for your rant is that people reading it will see you for an angry child spewing hate and ignore it. If you want to get your point across, politely post a negative review on yelp with a photo of your messed up hair and then get over it.
     
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  7. army judge

    army judge Super Moderator

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    If you post a review on Yelp, millions of people are likely to read it.

    If you create a website, I doubt that a dozen people (other than YOUR family and friends) will take note of it.

    Plus, a review on Yelp costs YOU not one thin dime.

    Creating a website will cost you $200 to $300 (excluding any potential lawsuit defense costs).

    If you feel compelled to blab, Yelp is the medium where millions will take note.
     
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  8. army judge

    army judge Super Moderator

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    Out first amendment right applies to the citizenry and the government.

    There is no first amendment right between citizens.

    No right forces others to listen to my rantings and ravings.

    That first amendment right is only applicable between citizens and their government.
     
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  9. welkin

    welkin Active Member

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    Plenty of people have been sued for negative reviews on Yelp.

    From the Yelp website:

    If you, as a reviewer, have been threatened with a lawsuit, we urge you to check your facts and make sure you can still stand behind your review. If not, we advise you to remove it. Please contact an attorney if you are actually sued, and know that we will be quick to cooperate with your attorney as best we can. You should also let us know by contacting our Support team. In addition, there are many excellent free resources that Yelpers have relied on in the past under similar circumstances,
     
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  10. Magsters

    Magsters Law Topic Starter New Member

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    Actually, I am going to take her to court. Any other unfounded assumptions you'd like to make that I can clear up before I go? And as far as "allegations being unproven", I don't need to swear up and down that the "allegations" are true, I have photos, texts, security footage, and eye witnesses. You know, actual evidence.

    Thank you again for assuming I don't have evidence, and that I am simply an angry child. You say nothing of the duty of the business owner to right the wrong they have created, or my expectation to have the services I paid for actually be received. When a polite text goes unanswered, when a door is slammed in your face, I see more of a problem with the business owner than with me.

    As one of the other responders said though, Yelp does reach millions of people, so there is that.
     
  11. adjusterjack

    adjusterjack Super Moderator

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    Good, do that before you write your review. Including the judgment in your review makes it more convincing.

    Then you'll have no trouble winning a judgment.

    I did address that. That's what lawsuits are for.
     
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  12. Magsters

    Magsters Law Topic Starter New Member

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    Again, I sincerely thank you alnd the others who have kindly responded. I am (I hope, understandably) furious at this whole situation, and really want to do what is within my legal power to make this right. You good people are unbiased, not knowing me or the stylist. I sincerely appreciate your responses, and will take all your advice to heart. For one thing, I did not know the difference in the First Amendment with regard to private citizens, and I'm glad you pointed it out to me. I considered the website I was considering making a type of peaceful protest, but I understand now (from your cooler heads prevailing) that that may not be such a good idea. I did bristle at your insinuation that I was simply a spoiled child wanting a different flavor lollipop and stamping my feet at not getting it, but, aside from that, I concede your advice (and the others who replied) is still spot on and appreciated. And I will take it. If I was of age, and we were at a bar, I'd buy you a beer. Thank you, and I wish all the womenfolk in your family a Happy Mothers Day. And satisfying salon visits :)
     
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  13. cbg

    cbg Super Moderator

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    You understand the the best possible outcome you can hope for is the fee that the second salon charged you, right?
     
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  14. zddoodah

    zddoodah Well-Known Member

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    We have no idea what abilities you have.

    What I can tell you is that being a petty, vindictive tool will serve no useful purpose and could cause you to be sued. Even if the lawsuit is meritless, you'll still have to come up with thousands of dollars to pay a lawyer to defend you.

    Because what you are proposing to do could damage this person's business.

    We have no way of knowing what her chances of prevailing might be or whether she might have grounds to sue because this is all hypothetical at this point. All we can tell you is that she MIGHT have grounds to sue and MIGHT have a chance of winning.

    Here's the thing: no one but you will care will care about your website. Even if someone sees your website, people who do what you are proposing to do often come off as ranting loons who are unworthy of much or any credibility.
     
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  15. Magsters

    Magsters Law Topic Starter New Member

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    Why would me detailing what the business owner did to me make me a “petty vindictive tool”? I attempted to talk to her about the situation by a text (which was blocked unanswered) a phone call (which I was hung up on) and then a personal visit (in which she slammed the door on me). This is not the way a business owner should handle an unhappy client. I don’t particularly care if her business is hurt, because, well, not only didn’t she provide the service I requested, she ruined my hair, and refused to have any discussion about it. Sure, it’ll grow back, but I had to have 12 inches cut off. It’ll take more than 2 years for my hair to return to the original length. Will it kill me? No. But I didn’t want short hair, didn’t pay for short hair and her mistake caused this. And then her refusal to even talk to me exacerbated the situation. Yes, I am taking her to court, but that decision was reached only after she rebuffed my attempts to even discuss the situation. I find it interesting that I received bad service, was unable to discuss my displeasure with the business owner, and you think I am “petty and vindictive” because I want to broadcast MY experience with her. You act as though I should be quiet and not cause the business owner any aggravation. You all are a curious lot. I asked for advice on this website, and received it. Based on the advice I freely asked for, that you all have freely provided, I have weighed the pros and cons of creating my website, and determined it may not be worth it. But I do have to marvel at your hypothetical restraint, if this had happened to you, in meekly accepting bad service and not wanting to be heard.
     
  16. adjusterjack

    adjusterjack Super Moderator

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    You are demonstrating your childishness by misreading everything we are trying to tell you and then ranting at us. It is clear that you are unable to accept constructive comments that you disagree with. There's no need for further discussion.

    Thread locked.
     
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