A viewer says another business has been trashing him on social media. Since what he is saying isn’t true, what can be done? Attorneys Greg Fellerman and Ed Ciarimboli explain the business owner’s legal options.
Dave Kuharchik: It’s time once again for “The Law & You,” featuring the area’ premier attorneys. Always love to see you here on set Greg Fellerman and Ed Ciarimboli.
Ed Ciarimboli: We love to be here.
Dave: I know you do. Look at the excitement in Greg’s face.
Ed: Oh my God, look at it. Pure joy.
Dave: That got him to laugh. Question about a business here. David from Plymouth writes, “I own my own business and another business has been trashing me on social media. None of what he is saying is true.” What can David do to protect himself?
Ed: So David, there’s really two components to this. In any defamation case, first, it has to do with what they are doing either written or verbally. It has to be completely inaccurate because their defense to this is the truth. And then secondly, you have to suffer damages. So what you have to do is document what this individual is doing or saying is impacting your business in some meaningful way, meaning you’re losing customers and you can show that economically. Because if you can’t then you’re ultimately going to have proven the defamation aspect of it but not be able to prove the defamation caused an injury. And that can be a big problem.
Greg Fellerman: I think you’re best bet is to start with a cease and desist letter, maybe notify the social media company. But at the end of the day, you have to document your losses. It depends, you didn’t give us enough facts but that’s the hard part of the case. But if you want to get it to stop, send a cease and desist letter, then if you don’t need to send it on your own, hire a law firm to go after the guy for that. But if it’s true, you lose.
Dave: All right, if you need advice or direction, sometimes the guys go right to the point. Results matter with attorneys Greg Fellerman and Ed Ciarimboli. Guys, thanks a lot.
Ed: We’ll see you.
The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.