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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116837
Experience:  Attorney experienced in commercial litigation.
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I have an internet business in Texas and I ordered some merchandise

Customer Question

I have an internet business in Texas and I ordered some merchandise from a manufactuer in Maryland to forward to a customer of my company. This manufacturer sent incorrect merchandise, defective merchandise and I have been preparing chargeback invoices to manufacturer. This manufacturer contacted my customers and told them that my company had not paid for the merchandise. Did the manufacturer violate any interstate laws. Can I get a restraining order to stop this manufacturer from any further actions (manufacturer is in Maryland)?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The manufacturer did not violate any "interstate laws" they committed a breach of your contract and also possibly committed tortious interference with your contractual relations, both of which are civil actions you can sue them for in Maryland (unless your contract with them provides for some other jurisdiction). In order to have a tortious interference with your contract, the manufacturer had to cause your customer to cancel their agreement with you and not do business with you any longer. If that did not happen, then what you have here is a breach of contract, for them delivering a non-conforming product and also possibly slander, since they are telling your client known false information blaming you for non-payment when it was their conduct in delivering a non-conforming product that caused non-payment.
So you can sue the manufacturer for breach of contract and also slander and as part of that suit you can ask the court for a restraining order prohibiting the manufacturer from making any further false statements to third parties about this transaction.