Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. I am very sorry to hear of this. In order to prove slander, the plaintiff needs to prove the following elements: A false statement of fact about a person/company; publication of the false statement; the false statement was (at minimum) negligently made without justification (ie reason to believe it was factually correct); damages attributable to the false statement. A defense to this cause of action is truth. Just as the plaintiff has the burden to prove the elements; the burden would rest on the defendant to prove truth as an affirmative defense.
Here is a link to the court system: http://flcourts.org/ I'm assuming damages are over $5,000 (lost economic opportunity) so small claims would not be an appropriate forum. Another possible action would be Tortious Interference with Business Relations, which requires the following elements to be proven:
Were you able to review the above?
Hi, Yes thank you very much, as i said they were sent my purchase receipts i receive from the store themselves to their trust and safety team and they simply said these were also fake. I have all receipts for every item i list and sell to confirm the authenticity which they continue to ignore,all feedback since my initial restriction over 350 is 100% positive and they claim after referring to my records i create a bad selling experience,i have proof of e mails they have sent me claiming my items are not authentic without proof and they have simply destroyed my reputation and my account.
That is good that you have all the evidence documented. You may want to consider hiring an attorney to write a demand letter, requesting a retraction, and reinstatement of your account. Some people would prefer to do a demand letter themselves to save the legal fees, but in cases as important as this, I would suggest hiring an attorney to prepare it, because generally the potential defendant knows someone is "serious" when they have consulted with an attorney and hired him/her to represent them (most will assume the lawyer has been retained). However, you can hire the attorney to, for a set fee, simply prepare the demand letter. Then if they respond unfavorably or ignore it, you can then pursue civil litigation. It would be worthwhile for the letter to state their allegations, then reference the documentation that counters this, attaching photocopies.
Thank you so much,this will be the first part of my action to get the ball rolling,would you know of anyone in the Orlando Flaorida area who could deal with this matter.
We can't give specific referrals, but your first step would be to look at the state bar directory located here: http://www.floridabar.org/divpgm/lronline.nsf/wreferral6?OpenForm to ensure the lawyer is in good standing. Then you can check some online sites such as http://www.avvo.com/ and http://www.martindale.com/ to see customer/ peer reviews. And as an aside, if you have to retain the lawyer for full on litigation, please be sure and read the retainer agreement in detail, so there are no hidden surprises. Some lawyers charge a fortune (i.e. $1 per page photocopy fee; $250 minimum telephone consultation charge - so everytime they call opposing counsel it's that minimum charge, even for a 10 minute call).
Thank you so much,extremely satisfied and will be consulting with an attorney next week.