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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I own a business where i promote events. I have a contract

Customer Question

I own a business where i promote events. I have a contract with my vendors for these events as far as what services will be provide, rules etc. One of the rules is no refunds - if a show is canceled or rescheduled, they will be due a like show in the future. A few people who wanted to thwart the contract process has decided to start Facebook groups that "blacklist" businesses. The groups are private - although I have insight into them through a colleauge, but there is no opportunity to respond to these remarks and they are basically telling people in this community not to do business with me and other companies. Others have gone as far as to create a black list sheet and send it out. I have spoken to the group owners only to be blocked - but again, I still see the content. Can this be pursued legally through tortious interference? I'm in Illinois and this is greatly affecting my business.
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well. I am a licensed attorney with over a decade of litigation experience. It is a pleasure to assist you today.
The short answer is, yes, this can be pursued for tortuous interference. That said, it is not a particularly strong case. In the same way that product ratings and reviews on displayed on many e-commerce sites, this is somewhat protected speech. What separates that scenario from this one is that you have not opened yourself up to this by giving consent to be "rated or reviewed".
You are going to need to be able to show a court that you have been targeted and that it has cost you business, i.e., it has caused you damages, or more likely than not has caused you to lose business.
You will need to be able to produce these list and need to be able to put forth witness testimony from someone that formed a negative opinion about your business as a direct result of this blacklist. That may prove to be difficult, but is certainly not impossible.
You may also be able to get a preliminary injunction against these people in the mean time while this is litigated to prevent them from doing it until the court reaches a conclusion on the merits of your claim. In order to do this, you need to place them on legal notice with a certified letter and a return receipt. You need to be able to show the court that you attempted to prevent this without the court's involvement.
Let me know if you have any other questions. If not, please rate my answers positively.
Best wishes going forward!
Customer: replied 1 year ago.
Thanks, ***** ***** have a log of the responses - i.e. - Thanks for the heads up, I was just about to register for an event - glad I saw this or, I have been wanting to register for her event but since I have seen this, I am not going to.
Expert:  Delta-Lawyer replied 1 year ago.
Good deal. Let me know if you have any additional questions. Also, if you get a moment, please rate my answer positively so that I can receive credit for my work. Thanks!
Customer: replied 1 year ago.
One more questions, is there a court form to start a preliminary injuction?
Expert:  Delta-Lawyer replied 1 year ago.
Yes. Here is a really good article on preliminary injunctions in Illinois: https://jenner.com/system/assets/assets/5511/original/Temporary_20Restraining_20Orders_20and_20Preliminary_20Injunctions_2011.pdf?1323113835
You can seek your preliminary injunction in the Circuit Court in the county in which you reside.
Expert:  Delta-Lawyer replied 1 year ago.
Check with the court as they may actually have a form on file for you to use to file your Preliminary Injunction Petition.
Expert:  Delta-Lawyer replied 1 year ago.
Did you have any other questions or comments on this matter? Just want to make sure you are as comfortable as possible moving forward. Thanks!