Legal Question in Consumer Law in California

Is complaining about bad customer service slander or libel?

I signed a contract for floral services and when I later found that the contracted services were out of my budget, I cancelled the contract. I admit to my full legal responsibility as described in the contract. I posted on two community websites for other consumers to go elsewhere because of the bad customer service that I experienced there. I sent a copy of my posts (and the subsequent replies, one of which stated that the individual had reconsidered doing business there after reading my post) to the company.

The company is now threatening to sue me for slander if I do not remove the offending posts. If a consumer can pass good word of mouth advertising, can he/she not also pass bad word of mouth if the experience was not good without fearing suit?

The post that I wrote expressed the situation, admitted my liability for signing the contract, contained no personal attacks or derisive language to a specific employee, but simply related what about my experience with the company was bad.

What other option does a consumer have to hold a business accountable for poor service? Does this company have a leg to stand on?


Asked on 3/22/06, 1:52 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Is complaining about bad customer service slander or libel?

The old maxim, "Truth is an absolute defense," might be true here, depending on the exact phrasing of your internet posts which I have not seen and therefore cannot comment on. There are many cases regarding what is opinion and what is stated as fact but is untrue. Of course, anyone can sue for anything. The threat might be just that. Who knows for sure unless it escalates?

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Answered on 3/22/06, 2:19 pm


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