Legal Question in Criminal Law in Pennsylvania

Is This BLACKMAIL?

I have a specific question if the following email is considered blackmail. I did not intend for it to be, but want to know an opinion from the legal perspective.

"Well it is unfortunate that you will not even give me the time or opportunity to discuss this personally with you rather than email only. I guess the internet will have to hear about this bad experience. I did not want to do that because I was hopeful that you would consider at least a partial refund. My trip insurance does not cover hotel loss, so I am out a full $1157.00. I am simply amazed that the airline has refunded tickets in full for 3 people ($2508.00), but you will not consider even a partial refund."

This was the recipient's response:

"What you are doing is called black mail. You are demanding money and threatening bad publicity if you are not paid. This is a warning that if you go ahead with your threat, we WILL take you to court."

Your interpretation is greatly appreciated.


Asked on 9/16/10, 5:10 pm

1 Answer from Attorneys
Cary Hall Law Offices of Cary B. Hall, L.L.C.

I don't find it to be blackmail.

You are an unsatisfied customer. You are telling the hotel that you are an unsatisfied customer. You are telling them that you plan to tell others about your dissatisfaction. They have a way to make you happy. In commercial transactions, that way typically is money -- or I suppose they could give you a credit, or future free rooms, or whatever. The hotel may not like negative press, but you are free to give it.

I don't think the local cops would touch this criminally, and I highly doubt that the hotel would want to further publicize an already messy customer situation by filing a civil suit. If they're too cheap to give you a refund, do you think they would spend thousands of dollars on attorney's fees? That's my two cents anyway -- but you get what you pay for. ;-)

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com

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Answered on 9/23/10, 6:59 pm


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