QUESTION
Can a business owner write web masters to remove bad reviews and lie and say there is a current defamation lawsuit?
Asked on Mar 09th, 2013 on Litigation - North Carolina
More details to this question:
Can a business owner write Webb masters that have truthful reviews that are negative and say that there is an "open defamation lawsuit" and "the reviewer has just been convicted of Contempt of Court by a judge for writing multiple slanderous reviews, making false claims to the medical board, and slandering the business owners name". None of those statements are true and my reviews were "hidden" and the webmaster asked for the final outcome of the court hearing. Then this business owner said, "We will do our best to send you the results of the court hearing as this person was held in contempt of court with multiple professionals. Therefore, you may see that she has written other inflammatory postings for others" Then this representative for the business owner gives my personal family divorce court document file number. There was no defamation lawsuit opened, filed or pending; I have never been found in contempt of court for anything at any time in my life; I have never made false claims to any medical or any board ever; I have never lied or made slanderous statements about anyone. I made factual statements based on my experience and information I discovered on line from the AZBBBHE (Arizona Board of Behavioral Health Examiners), from the sanctions against this owner and her own consent agreement she signed that is of public record. I believe this owner violated my constitutional right to free speech by lying to the webbmaster(s) to remove my review and also violated my right to privacy by disclosing my personal divorce docket number and last but not least, the lies they said about me was slander as none of it was true. Please tell me if this is not illegal to do and what should a person do about having this done to them? Thank you.
3 ANSWERS
Ronald A. Steinberg
Can he do it? Yes. Can he get away with it? I don't know. Is it legal? Probably not. Can you sue him for it? i guess it depends on whether or not you relied on false advertising of his business, and were damaged by it.
Answered on Mar 12th, 2013 at 10:49 PM
Michael J. Breczinski
First of all there may be a suit for interference with a contractual relation for lying to the webmaster. However Divorce cases along with all other court records are public and there is no expectation of privacy in them.
Answered on Mar 12th, 2013 at 3:54 PM
Personal Injury Attorney serving Charlotte, NC
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You don't have some constitutional right for folks not to lie about you, but you can bring an action for defamation, slander (if oral) libel(if written) you bring the action where the people are usually. You must prove damages (real dollar losses) just hurt feelings wont get you anywhere.
Answered on Mar 11th, 2013 at 11:05 PM