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I would like to find out if I have a case to file against…

Customer Question
I would like to...

I would like to find out if I have a case to file against the person who posted my name and my 3 children on ripoff report.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: What steps have you taken so far?

I have requested the person who posted the negative info to remove it. Rip off report will not remove it, they will write some notes for a fee. But the posting remains

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

I would like to know if there is a case to sue the person. you can look up my name and the ripoff report will show on line. it is damaging my business and also new business development tzvi milshtein is the name

Submitted: 3 months ago.Category: Legal
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Answered in 1 minute by:
3/18/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,230
Experience: Licensed to practice before state and federal court
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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 3 months ago

I'm very sorry to hear about your situation. This to me sounds like a case of defamation if what they said was false. 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.

It's generally not a crime to post the names of children at all, but you can seek action if what they said was defamatory and it is damaging your business as a result.

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.

What other questions did you have for me today that I can help you out with:-)?

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