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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102142
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Someone posted something on face book that was untrue and

Customer Question

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: 1 month ago.
Category: Legal
Expert:  Ely replied 1 month ago.

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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