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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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Can a WA state web-based *business* file for a restraining

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Can a WA state web-based *business* file for a restraining order / harassment against an individual? Or only against another business?
Thank you for the post, I am happy to assist you by answering your questions. What is the individual doing that the company seeks to enjoin?
Customer: replied 3 years ago.

Thanks for your quick response.


I "own" and operate a mental health forum/website. Technically, it is owned by a single member (me) LLC taxed as an S-Corp.


She is a former volunteer moderator on our forum. No contract or anything that officially/legally tied her to our ToS and Privacy Policy.


She has registered hundreds of accounts on our forum that we've had to ban. She's used hundreds of IP addresses from various proxies all over the world.


She has spread lies about our website through posts and private messages on our forums.


She promoted a competing online forum (she hasn't formed a business) that they started on our forum despite their intimate knowledge that's not OK after being a moderator on our forum.


She continually contacts me directly, contacts me through other members of my forum, or contacts other volunteer moderators. I've told her *not* to contact me anymore.


She is incredibly manipulative, conniving, etc. and is quite good at turning people to her side or convincing one of her opinion.


Taking into account previous, she does not do well being told "No" or


I could go on...


Why does this matter? I am in the middle of selling this forum, it's something that we need to keep quiet now and I want to be completely honest with the very large company I am selling to (they've dealt with stuff like this before, but we both agree that it's on me to get my community under control before the sale is finalized and the Escrow released.


I know you aren't my lawyer and I will be talking to them shortly, but I need a *general* "this is usually something you can/can't do" (so you can ignore as much of the specifics that you need to), but it should give you a general idea of why I'm asking this question.



Thank you for the follow up, yes your business (LLC) can file suit against the user for breach of contract (assuming she is violating the terms of use of your site), tortious interference with business opportunity (if she knows of the pending sale, you could argue that her actions are targeted at making the site less attractive and eroding the sale), and general harassment. Please let me know if this does not answer your question or if you have any follow up questions.
Customer: replied 3 years ago.

So if she is *not* aware of the sale, then it would be 1) violating our ToS 2) general harassment...potentially even just me personally.


I think our ToS pretty well covers this...


You may not...

"Harass or Cyberstalk any user."

"Conduct any activity that is harmful or detrimental to our site, or business, our users, or our advertisers, as solely determined by us."

"Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent."


Thank you!

Yes, that would be correct. In order to sustain a claim of tortious interference she would have to know of the pending sale. Please let me know if you have any follow up questions.
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