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I belong to a non profit organization. We raise funds to…

Customer Question
I belong to a...

I belong to a non profit organization . We raise funds to help the needy. One of the member was upset when she loss for the position she is running .. Now she is calling , posting memes degrading the organization affecting the fundraising .Our question is what are the legal actions we could do. Please help . Thank you very much. Btw we saved all the negative postings on social media. We are a license organization.

Lawyer's Assistant: Can you tell me where the nonprofit is registered?

Sun biz I think

Lawyer's Assistant: Has anything been filed or reported?

Under BCI

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My name is***** speak for the Org .

Submitted: 1 month ago.Category: Legal
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3/12/2018
Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,329
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 1 month ago

Thanks so much for your patience. This to me sounds like a 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 the other party may 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.

I don't have any reason to believe that any of those are going to really apply so your organization may have a case.

You may want to consider just writing a cease and desist letter advising them to stop this activity immediately or risk a lawsuit. There’s a site that I’ve used in the past where you can find a good template cease and desist letter (click here). Lawyers use letters like these often to enforce their client’s rights. It only costs $10 and it is way cheaper than litigation.

Did you have any other questions for me today?

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