Legal Question in Consumer Law in Georgia
Is it legal for merchantcircle.com to give a business owner my email address?
I posted a business review on merchantcircle.com. It was true and not favorable but I have no way of proving the post. Now the business owner says he has my email address and is taking legal action.
3 Answers from Attorneys
Did you read their terms of service and privacy policy, that you agreed to when signing up for the account? If so, what do they say about giving out your email address? Otherwise, on what basis did you expect your email address would be kept private? Other than bank account numbers, social security numbers, etc., which are covered by other laws, you should always assume that the information you provide anywhere on the internet is public information.
I did some research and I read their terms of service. By using their site, you allow them to collect your personal information. They exist for businesses, not for consumers, so it does not surprise me that they gave your information to the business. Businesses can delete unfavorable reviews so I am not sure why this business is honked off at you. Poor business judgment - they would do better to improving their customer no-service.
Bottom line is that truth is a defense in a defamation action. So if you uttered an true fact, let them sue. What did you say if you have no means of proving the post? Was it your opinion? What did you say?
I think the business just may be trying to intimidate you if they cannot figure out how to delete an unfavorable review. Don't be intimidated.
Life's lesson though - do not post a rating at Merchant Circle - go to the Ripoff Report or another pro-consumer site. Also, take Attorney Riddle's advice and do not give out personal information about yourself. Thirdly and most importantly, ALWAYS stick to facts in your review that you know that you can prove. No opinion and no disparaging the business.
If you need more help with this, outside of a lawsuit, please feel free to contact me.
Rachel Hunter
Attorney at Law
(678)-687-9693
I agree with the other answers. If you have been threatened with a suit, see a lawyer to determine how to respond. I'd be glad to talk to you further on this.
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