Legal Question in Technology Law in Pennsylvania

Legal Action threatened for mentioning a company on my website

Because we are being ripped off by a contractor, we have a website with the facts. We mentioned that this contractor belonged to a certain Builders Assocation, that's why we trusted he could do the job properly. We have a link to their org to show their ''mission'', this link is how we found the contractor is a member before hiring him.

We just got this email: '' I have viewed your webpage. XXX XXXX Association is a member based trade organization. It is apparent that installation and manufacture's warranty is a current issue. Your site states, '' We felt confident that we would get professional installation, as he belonged to XXXX XXXX Association''. We are requesting that you remove this sentence and all reference to our association and the link to our website. We do not monitor or control manufacture's installations/specifications or guidelines and there fore we do not guarantee professional installation on our website. We are currently discussing this matter with our legal council and action will be taken if this is not removed by the close of business February 13, 2008.''

Is my website breaking the law? I certainly don't want to break any laws, please advise.

Any help would be appreciated


Asked on 2/11/08, 1:17 pm

2 Answers from Attorneys
Gerry Elman Elman Technology Law, P.C.

Re: Legal Action threatened for mentioning a company on my website

Without knowing all the facts, there is no way that I can advise on your specific situation. However, in general, there is no law prohibiting someone from making a subjectively truthful statement on his web page nor from providing a hyperlink to a public page of someone else's website.

In some similar situations, the recipient of such a letter has posted the letter as well.

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Answered on 2/11/08, 1:44 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Legal Action threatened for mentioning a company on my website

You asked about potential action based on online comments.

I really like the method you have used. And based on the facts given you do not stand to suffer any harm from the accurate reporting of truthful facts.

Obviously your comments hit home. You will hear a lot of bluster from the XXXXXXXX but there ultimately is no real claim. If they should proceed with this matter then you will need to hire an attorney to back you up. It is possible that if they press this matter they may even be liable for your legal fees, but that is an rare course so do not depend on it.

I do like Mr. Elman's idea of posting the letter you received also. For more discussion see the website chillingeffects.

Regards,

Roger

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Answered on 2/11/08, 2:37 pm


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