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A customer of my daughters former company filed a Ripp Off

Customer Question
report against me personally, wrongfully...
A customer of my daughters former company filed a Ripp Off report against me personally, wrongfully naming me as the owner. I would like to sue to have google, bing, and yahoo stop accessing it, and recover damages if I'm entitled.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Oklahoma City
JA: Has anything been filed or reported?
Customer: I'm not sure i understand the question... I have taken no steps to have this matter resolved if that's what your asking. This is the first attempt to get legal help.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have another larger issue to discuss after this, but for now would like to find someone to advise/help me.
Submitted: 5 months ago.Category: Legal
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Answered in 1 minute by:
6/16/2017
Lawyer: Loren, Attorney replied 5 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 34,937
Experience: 30 years experience representing clients.
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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Lawyer: Loren, Attorney replied 5 months ago

You may have a claim to assert for defamation. Actually, you would start with a cease and desist letter to anyone making these false accusations.

If this does not get a retraction, you will need to file suit for defamation. This cause of action is specifically for damage caused to one's reputation. To establish a prima facie case of defamation, four elements are generally required:

1. a false statement purporting to be fact concerning another person or entity;

2. publication or communication of that statement to a third person;

3. fault on the part of the person making the statement amounting to intent or at least negligence (the person knew the statements were false or exhibited a knowing and reckless disregard of the truth or falsity of the statements when making them); and,

4. some harm caused to the person or entity who is the subject of the statement.

This involves complex litigation and it is strongly advised that you retain local counsel to assist you in protecting your rights before taking any action in court for this matter. Also, any cease and desist letter will carry more impact on attorney letterhead.

If you need assistance in finding an attorney, contact your state or local bar association. You can also try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database of attorneys searchable by location and specialty.

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Lawyer: Loren, Attorney replied 5 months ago

Your claim is against the person making the reports, however, not Google, Bing, etc. The reason is is that there is a federal law that those who host, rather than author, speech on the Internet cannot be treated, for legal purposes, as having published it. As a result, they cannot be sued for defamation -- or for any other tort that has publication as one of its essential elements.

The law protects message board owners, chat room hosts, bloggers who give others access to their blogs, and indeed, virtually anyone who allows material on their site, or provides access to material, that they do not themselves author. That includes Google and other search sites.

I am sorry. I wish I could tell you otherwise about that particular aspect, but I do not want to see you spinning your wheels.

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Loren
Loren
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Category: Legal
Satisfied Customers: 34,937
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