Legal Question in Business Law in California

A president of an association telling people not to use me.

I own a web site in the concrete pumping industry, this site does about 100k or more every year. I sell ads on the site for 5k a year. There is an association called the �ACPA� and their president has been telling everyone that they is in the Association not to buy ads on my web site but buy ads on the ACPA�s web site. I have had about a 40,000 lose in revenue over this and I want to know if I can sue him. I belonged to the ACPA but as a member I can not believe my president would do this to me. I don�t mind if they sell ads but he should not tell people not to spend there money on my web site. Can I sue him and or the association. They have over a million dollars in the bank and struggle to keep their non profit statis..


Asked on 1/11/06, 1:39 pm

4 Answers from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: A president of an association telling people not to use me.

Unless the president of ACPA is disparaging your business by making false statements about you or your business, there is not much you can do. Merely telling people not to use a particular good or service is not actionable because of the First Amendment - i.e., people are free to say what they want so long as it is not defamatory. If the president simply tells people not to use you, and they listen, there is not much you can do about it from a legal standpoint.

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Answered on 1/11/06, 2:25 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: A president of an association telling people not to use me.

Actually there is a tort called "intentional interference with a contractual relationship." which would apply here. Bottom line, if this organization knew that these persons had contracts with you for advertising, and they intentionally and knowingly interferred with these contracts in order to gain the contracts themselves, then they would be liable under this tort. This is an exception to the 1st Amendment Free Speech clause of the US Constitution.

I love doing these types of cases. Call for me a free consultation. I am out of the office today, but if you leave me a message at extention 15, I will call you back.

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Answered on 1/11/06, 3:26 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: A president of an association telling people not to use me.

Maybe, this might be tortious interference with contract if people were already signed with you. It could also be an unfair business practice. If you are ready to play hardball, give me a call at 310.266.4115.

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Answered on 1/11/06, 5:24 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: A president of an association telling people not to use me.

I would agree with Mr. Hoffman that what the association president is doing is not improper.

There are two competing advertising media, his and yours. He's merely being a good salesman for his Web site. Unless there's more to it, I think he's within his rights.

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Answered on 1/12/06, 12:27 pm


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