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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41220
Experience:  Run my own successful business/contract law practice.
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I plan to run a comparison of my business competitors. I know

Customer Question

I plan to run a comparison of my business competitors. I know that almost all of them offer a terrible service. Some act also very unreliable. I’d like to share this to my customers to make them alerted.
My plan is:
My apprentice calls some competitors to ask for help and advice. We would record the phone calls to provide the whole conversation, exactly as it was, WRITTEN on our website. We wouldn't publish the phone call because I believe this would be unlawful.
My question now is:
Is it lawful to call competitors for a comparison if I’m in the same industry AND especially is it allowed to publish the whole conversation in a written form on my website and blog?
Submitted: 1 year ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
There is nothing unlawful about posting such correspondence, however...
...it can expose you to litigation. Here is why:
By your own admission you believe that they offer a terrible service and some can be unreliable. I suspect that if you contact them under false pretenses (you are indeed pretending to be a client, which you aren't) and focus on reporting this information, you are doing so to damage their reputation and to strengthen yours. It can grant them the right to sue for 'tortious interference with a business interest', as you are attempting to harm their business interest and this behavior goes beyond regular competition. The closest example to what you are seeking may be a comparison site based on fees (such as Progressive insurance may offer) but notice that they provide objective rather than subjective information, and report it when they do not have the best price. This is why what you are seeking to do appears risky and potentially would expose you to a suit.
Sincerely,
Dimitry, Esq.

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