Legal Question in Business Law in California

inteference with business

Hi,

I am a full time seller on a online auction.. Recently, A customer acknoledged me that he has been contatced by a person from xxxxxxx and asked him to avoid bidding on my auction and to go buy the item he likes from his web site.

Knowing that this infringes on the online auction rules, the customer contacted me and I have immediately requested in a very polite manner the person(resident of CA) to stop contacting bidders on my auctions.

The owner of the company sent me a very humiliating email. He gave me his name (which corresponds to the same owner of the web site). He used all the possible F-word and irrespectful terms in his email. He acknowldged me that he will continue to target my customers. Few minutes later the same person from the same email. Acknolwedged me that he created an email address: f-word followed by my name @ his company web site.

This is really going to damage my business. It is also degrading and offensive.

I would like to know wher can I sue this person. What can I ask for reparations? Which court will hear my case? Thank you very much for t your interest in this manner


Asked on 2/19/00, 8:05 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: inteference with business

The law permits suits for interference with prospective economic advantage, and you may be able to bring a case of this nature. How much money is at stake here, though? If your damages are small you might not find this suit worthwhile. Also, if your damages are above $75,000, your case could be brought in Federal court if you prefer (or moved there against your will if he prefers).

Whether you choose to sue or not, a demand letter from an attorney can be very effective. I'd be happy to discuss writing one for you if you like; please do ffeel free to contact me.

If you do elect to sue, though, you might be better off doing it in Massachusetts (if that's where you're located); after all, there's no reason to accommodate his needs over yours.

Above all, hold on to those emails he sent you and make printouts of them!

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Answered on 2/23/00, 7:30 pm
Thomas Workman Law Offices of Thomas Workman

Re: inteference with business

You need to carefully document what has happened, saving the emails so that they can be tracked. You should immediately contact an attorney who practices computer law or internet law, and explain to them what you are experiencing. You do not have to tolerate this kind of interference to your business. If you are in Eastern Massachusetts, give me a call and we can discuss. You will likely be bringing an action in Superior Court, and possibly in Federal Court, depending on the damages. I would be happy to discuss with you on the phone, and arrange to meet with you to get you some relief. The Court can order the other party to immediately stop their conduct. My number is (508) 822-7777. Or you can email me....

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Answered on 2/23/00, 7:36 pm


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