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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5190
Experience:  Licensed to practice before state and federal court
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There is a former vendor in india that is threatening to

Customer Question

there is a former vendor in india that is threatening to slander our company. They have sent an email demanding a payment or they will contact our largest clients and tell them that we are scammers. We are a digital marketing company
JA: Because laws vary from place to place, can you tell me what state you're in?
Customer: our company address is based in Florida but we all work from other states in the US.
JA: Has anything been filed or reported?
Customer: WA,TX,NY,GA,IL
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not sure what I need to say
Submitted: 3 months ago.
Category: Legal
Expert:  Legal Eagle replied 3 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. This appears to be a classic case of Defamation.

Defamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.)

Although I don't know the full extent of what was the supposed defamatory statement, run the alleged statements through that analysis to see if it fits.

If it does, then you have some defenses. Here are the typical defenses in a defamation case:

(1) Legislative Privilege - Meaning the statement was made in a legislative proceeding

(2) Judicial Privilege - any participant in a judicial proceeding the absolute privilege to utter defamatory statements

(3) Executive Privilege - privilege affords an absolute privilege to high ranking executive officers of state and federal governments when acting within the scope of their discretionary duties

(4) Domestic Privilege - affords a spouse the absolute privilege to make defamatory statements about a third person to their spouse.

(5) Truth - if the statements you made were true, then this is a defense as well

(6) Opinion - courts have ruled that the opinion defense is one where if you provide your opinion, then a defamation charge will not stand.

Expert:  Legal Eagle replied 3 months ago.

This is also probably a case of extortion as well. Extortion is generally defined the practice of obtaining something, especially money, through force or threats. In this case, this is what they are doing.

You may want to consider just writing a cease and desist letter. Lawyers use letters like these on the regular basis to enforce their client’s rights. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.