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Someone posted something on face book that was untrue and

Customer Question
she later appolized for it...
someone posted something on face book that was untrue and she later appolized for it and took post down. now the business will not let it go even after proving it was untrue. it is now on the new, and all over social media and she is being bullied for it. can she get sued or do something about this
JA: Can you tell me what state this is in? And how long has this been going on?
Customer: Illinois and since friday
JA: Has anything been filed or reported?
Customer: she said that the lawyer for the business called her and talked to her about this and said he was going to sue her but no papers has been served
JA: Anything else you want the lawyer to know before I connect you?
Customer: no we are good
Submitted: 5 months ago.Category: Legal
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Answered in 1 minute by:
6/15/2017
Lawyer: Ely, Counselor at Law replied 5 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site.

The answer is yes, she can. Even though she made a retraction, the damage has already been done. As such, she can be sued for defamation. Under Illinois law, the elements of a defamation claim are: the defendant made a false statement about the plaintiff; there was an unprivileged publication to a third party; fault by the defendant amounting to at least negligence; and the publication damaged the plaintiff.

As such, she may be pursued for defamation, and actual AND punitive damages may be part of judgment if one wins.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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