My question involves business law. Can you post on your web site the CEO and Company Name of a business that did not pay you for services or is that slander?
Thanks
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My question involves business law. Can you post on your web site the CEO and Company Name of a business that did not pay you for services or is that slander?
Thanks
Slander is verbal defamation. Libel is written/printed defamation. Truth is a complete defense. (There is an exception for bad motive/malice which is too complicated to try to explain and is rarely an issue.)
It might not be the best thing to do though from a public relations standpoint, but if it is enough money, it might help you collect.
It is still possible to be sued. Also depending upon the nature of the transaction the Fair Credit Act might apply and that might be considered an illegal collection tactic. Do not deal with that myself. Perhaps someone else here can comment.
Slander is spoken, you're talking about Libel. Only a court can determine if this is libel, they would have to sue you, the defense for libel is: The Truth. Consider the potential cost and agravation defending such a suit. Would posting this guy's name on the web cause him to immediately cut you a check? Unlikely. This is all downside with very little upside.
As you were told when you posted, laws are different in each state. Although it's not defamatory to tell the truth about somebody, even if the statement is negative, a few states have privacy laws that may apply and some state consumer laws may apply depending upon the full facts.
But, to be blunt, what you propose is a lousy business practice. I always pay my bills on time, but if I saw that on a company's website I would never do business with them - I would find somebody else. Can you find any reputable business that's doing what you describe?
All parties are in CA...and I would only do it after he tells me that he is absolutely not paying.
As far as the costs to defend libel...I could care less at that point I just want to ruin his name and his company...also make sure nobody else gets stuck by this guy. Fortunately for me I have enough money to cover any legal action he could bring...I know a lot of people who would go bankrupt if they did business with this company and business people like that make me sick to my stomach.
Unfortunately, it is not the common practice in this country, and people take these matters to the courts. It is not looked on that favorably even if it gives you satisfaction.
In Latin America, though, this is a very common practice, called "protesting", as described here:
http://books.google.com/books?id=_Jw...esult&resnum=3
If you read the article, you'll find, even here, it's done with some care. However, it has to do with the issue of shame, and in the USA, shame does not seem to do much, and the person doing the complaining usually winds up in trouble.
You can't do anything that would put his job in jeopardy or he can report you to the federal trade commision.