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Roger, Attorney
Category: Legal
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I posted on 3 "cheaters sites" of a girl who was emailing my

Customer Question

I posted on 3 "cheaters sites" of a girl who was emailing my husband. What I said was true and brief. His company found it doing a sweep because their name was mentioned in only one of the posts. They are saying they are doing a civil suit and want the posts removed. I can understand out of courtesey remoning the one with the company name in it but what do they have to do with the other 2? They were not vulgar or over the top. Just a few simple facts with a picture, her phone number and where she works. I'd like some legal advice please. Not sure if they are full of hot air or what. We live in Colorado. Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. I assume they're threatening a defamation suit.....which usually requires proof that you knowingly made a FALSE statement about someone or some entity in an attempt to harm that person's character.
Expert:  Roger replied 1 year ago.
In this case, if what you said is true, then there's a likelihood that no legal exposure to you exists. BUT, if anything said was not true, there could be an issue.
Expert:  Roger replied 1 year ago.
But, you're correct that it's probably best to remove the name if the company or anything that could be considered defamatory to the company....but they should have no right to require you to remove anything about your spouse.
Customer: replied 1 year ago. is the link the the post in question. Well, one of them. No idea what kind of suit they are threatening. Just a civil suit. I just want to make sure I did no wrong and cannot be sued.
Expert:  Roger replied 1 year ago.
Well, you can always be sued by anyone for there's no insulation for that. But, as long as what you said is completely true, it's not likely that their claim would be successful.....but you could still have to deal with it unless you pull the part of the post that addresses the company (as they may sue even if there's little or no merit).
Customer: replied 1 year ago.
Not terribly attractive but loves a married man. If you're lonely or interested she works for Inspirato in Downtown Denver.That is what was said. Are those claims protected by free speech since they are also opinion?
Expert:  Roger replied 1 year ago.
Opinon and intentional false statements are divided by fine line. The only way to protect an opinion as free speech is to state in the comment that it's your opinion.
Expert:  Roger replied 1 year ago.
It's probably a good idea to try and work something out or avoid being sued -- only if it is to avoid the expense that goes along with it.
Customer: replied 1 year ago.
So you are saying I CAN be sued. I guess my question is after what you have seen who would win? I know anyone CAN be sued for anything. What are the chances of them winning?? And yes, I agree that taking down the posts is the right thing to do probably regardless but you cannot just take them down. These sites make it impossible and you have to get a 3rd party involved to "scrub" the internet and the quotes I've gotten are outrageous.
Expert:  Roger replied 1 year ago.
Sure, you can be sued. As I said above, anyone can be sued by anyone else for anything......I can't say whether you'd win or not as that depends on the facts of your case and how the court interprets those facts. But, the law is that there's no liability for opinions given and there's no liability if the statements are 100% true and accurate.
Expert:  Roger replied 1 year ago.
But, even if you can win, you'll likely spend thousands fighting the company --- so it's probably best to try and reach a compromise.
Expert:  Roger replied 1 year ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!