Legal Question in Personal Injury in California
Online Libel
Our business has recently been listed
in an online publication (online
newspaper) and referred to as a
''Scam.'' The article is riddled with
inaccuracies and the characterization
of our business as a scam is
completely unfounded.
Unfortunately, the article is being
repeated by a number of bloggers
and other online entities, thus
potentially causing significant
damage to our reputation.
We are located in California, but the
internet newspaper is located in MA.
1) Do we need local MA counsel to file
a complaint against them?
2) What can we do to get this item
removed?
Thanks.
5 Answers from Attorneys
Re: Online Libel
You could hire a lawyer to write a letter on the lawyer's letterhead demanding they cease and desist. However, merely describing your business as a "scam" is not defamatory. They would have to make false assertions of fact about your business. Mere name-calling, or the use of vague adjectives such as "sleazy," "smarmy," "crooked," etc. isn't legally actionable.
Re: Online Libel
Most of the Scam and Rip off blogs have a procedure to tell your side of the story to them. It could even be something done by a competitor to harm you. While newspapers have a reporting priviledge to report news that is provided to them, you can demand that they also report your side of the story with corrections to mistatements or inacurate facts. There are other ways you can manipulate google searches so that these pages move further down the pages where no one will look when they run a search. As to a lawsuit, if they are not doing business in CA, you can still sue them in federal court under diversity of jurisdiction (both parties reside in different states) Please contact me for further information.
Re: Online Libel
If you know who is publishing the 'slander/libel' on line, you could probably sue in either state or in federal court at either end, since they probably are 'doing business' in CA by their web site. However, winning such suit and getting restraining orders is another story. If serious about doing this, feel free to contact me to discuss the hard realities and costs you face in such actions. I'll be happy to help you if it is actually a practical and valid case to do so.
Re: Online Libel
First thing is to hire an attorney assess your situation, all the facts, and write a letter demanding a correction. You should be able to sue them in california.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
Re: Online Libel
First thing is to hire an attorney assess your situation, all the facts, and write a letter demanding a correction. You should be able to sue them in california.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.