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lwpat
lwpat, Attorney
Category: Business Law
Satisfied Customers: 25386
Experience:  Attorney with over 35 years of business experience.
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I have a client who calls us everyday harassing us. We are

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I have a client who calls us everyday harassing us. We are in educational consulting business and she (& her son) was our client for the past year or so. We provided a full service but now that the term is over, she is asking for a full refund, stating that she was not satisfied with our services. She making empty threats, calling us at any time of the day/night, and even spreading bad rumors about us. To control the situation, we offered her 50% refund - which she agreed last week - but today, she is back to asking for 100% refund. It is obvious that she is asking for a full refund because either she has no money or because she just wants to take her chance. How can I stop her from doing harm to us? What evidence do I have to procure IF this case is to be taken to court. FYI, we are talking about $5k (and $2500 in refund). IF she decided to sue us, does she have a chance in winning the case? CAN WE/SHOULD we sue her first? Please let me know, Thank you.
Submitted: 4 years ago.
Category: Business Law
Expert:  lwpat replied 4 years ago.
does she have a chance in winning the case?

Since you provided the services, the answer is no. You can't wait until the end and then claim you were not satisfied. She could have stopped your services and demanded a refund and then she would probably win but not after you have completed the contract.
Customer: replied 4 years ago.
Can we sue her for harassment and libel/slander?
Customer: replied 4 years ago.
One more thing. Contract has not expired yet. It expires in June. So technically, she can claim the pro-rated portion of full amount - right?
Expert:  lwpat replied 4 years ago.
So technically, she can claim the pro-rated portion of full amount

That would be correct.

Can we sue her for harassment and libel/slander

Not likley for libel or slander. The First Amendment give us the right to have an opinion about a business and to make our opinion known. Such speech is protected by the Constitution so there is little that you can do about it. Sorry.

However, harassment is another matter. You can have your attorney send her a "cease and desist" letter to stop the phone calls. If she continues, then that would be a criminal act.

I don't see any grounds for you to sue her.
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