QUESTION
I was scammed online so I posted the scammer's photo online and now she's suing me, what can I do?
Asked on Feb 03rd, 2015 on Criminal Law - New Mexico
More details to this question:
Hi! I ordered a pair of shoe from this online shop last 2nd week of December 2014, I paid it because the seller said that waiting time is only 2-3 days. After I paid, I kept asking her if when will I be able to receive it then she always change shipping dates so until now, Feb 4, 2015 I still haven't got it. To my dismay, I posted her picture and name on two very popular social media as bogus buyer/scammer. Now, she is threatening me that she will file a case against me for ruining her name on public. There are already lots of customer who wants to report her but she is threatening us and for the other customers, she sent their orders but wrong color, wrong quality, etc. So my question is, can she file a case against me? And would it be powerful? On the other hand, can I report her? Where? How? Please answer me. Thank you.
1 ANSWER
Hello, First, in the law, truth is a defense to a charge of defamation of character. She may or may not be engaged in deceptive trade practices. You acted, I assume under a certain level of frustration. Now for the practical end of things: This person would need to be in a position to bring a lawsuit which can be very difficult. She has to be able to bring the action in an appropriate venue; she would likely have to establish some value on the damage to her character and she would likely need to retain services of a lawyer, all of which can be very onerous and expensive. One of the methods you can and possibly should still explore would be to contact the Office of the Attorney General. They generally have a consumer affairs division and are equipped to look into actions where they suspect fraud. Good luck with this.
Answered on Feb 04th, 2015 at 1:22 PM