If I posted a negative but factual review on-line, does the company have the right to tell me to remove it or they will sue me?
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If I posted a negative but factual review on-line, does the company have the right to tell me to remove it or they will sue me?
I posted the review regarding my wedding reception center. The roof leaked, the sound system cut out, the food was served late, and the elevator broke with the groom and groomsmen in it (these were the main issues but there were a few others). All of this was factual and is included in my review. The only opinion I have in my review is that we received poor service. The company contacted me today and threatened me to remove my review or they would sue me. Would they have a case?
Asked on May 23, 2011 under General Practice, Utah
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The matter here falls under what is known as "defamation." And rest assured that truth is always a defense to an action for defamation. So if you told the truth then no, they have no case. It does not mean that they will not try and sue you but you have the right to write a review of the facility and advise others about the venue. Write back the company and let them know that you have done some research on the matter and have asked for some guidance (this does not constitute legal advice here) and that you seem to be within your Constitutional right to free speech and protected by the defense of truth. And that if they attempt to sue you and you are forced to defend the suit you will ask for costs and attorneys fees in their frivolous action. Good luck.
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