Recently I placed advertisements with a local independent newspaper. I was late on paying my bills with the owner of the newspaper.
The paper then decided to run negative ads about my business, stating I have "sub-par" products, and why shop at my store when there are perfectly better stores like mine in the area.
They went on to say I have bad service and am in a worse location than my competitors and that I am more expensive than the competition and les profesional.
Is there anything I can do about this?
They claim they will run these ads until I pay my bills.
I would like to thank you all for your very helpful responses.
To follow up with a few of the answers and give a little more detail:
1. The "negative ads" I referred to were done in somewhat of a consumer report, where they are reporting my business and then showing my competitors in a better light. But the graphic design of this article looks similar to an advertisement.
2. Some of my competitors do have better locations & product, I will admit that.
Thank you all again for everything!
We'd like to understand what you find wrong with excon's answer:
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Yes, you can sue that newspaper for libel, since they printed lies about your business. But where is your proof? Do you have copies of these ads? Do you have the other proof of what they said to you about continuing their smear campaign against you until you pay for the ads? Why haven't you paid for the ads? If you can proof that their negative campaign against you has directly affected your sales and therefore affected your ability to pay for the ads ... You might have a case ... However you incurred a debt for a service and that is your responsibility.
As for their arguments about your "sub par" products, bad service, more expensive, and less professional - can the newspaper prove it?
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The shy one points out some good stuff. An absolute defense to libel, is the truth. I read, very carefully, the words you used (words are, after all, the nuts of this case). The paper won't have any difficulty proving (assuming it's true) that you have sub par products that are more expensive.
However, when they used subjective terms such as "bad service", and "less professional" is where you can nail them.
When I say today, I mean that you need to hire a lawyer TODAY. I don't mean that you should start messing around trying to trap them into giving you evidence. Let your lawyer do that. If you try to be too smart, you'll outsmart yourself.
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Yes, they should have just ran adds saying you ddid not pay their bill, which was the truth.
It is hard to believe a news paper would do this unless they had good proof of it, since they know they can be sued.
But you can hire an attorney and sue them. Just remember if what they are saying is true, and they prove it, you will not win, So take a look at your business, if what they are saying is true, pay your bill, if it is a lie, sue them
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Recently I placed advertisements with a local independent newspaper. I was late on paying my bills with the owner of the newspaper.
The paper then decided to run negative ads about my business, stating I have "sub-par" products, and why shop at my store when there are perfectly better stores like mine in the area.
They went on to say I have bad service and am in a worse location than my competitors and that I am more expensive than the competition and les profesional.
Is there anything I can do about this?
They claim they will run these ads until I pay my bills.
What they're doing is extortion. They'll stop the smear campaign when you pay? I'd see about filing criminal charges against them. The most they can do for not paying your bil on time is stop running your adds. Save every thing and go to an attorney. That's your best bet.
excon (Jan 15, 2007 06:03 AM):
Exortion???? Nahhh. You should look it up..... Source:
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Do you have their threat to continue running the ads in writing or on record? Because I agree with Chippers that this is extortion and that's a criminal offense. excon is correct, you need to see a lawyer immediately.
The only thing that concerns me is that I agree with Chuck in finding it hard to believe an newspaper would do this. Libel is the first thought of any editor when reviewing a story or even ad copy. Truth is the only defense against libel so, they may think they can prove what they have said. So you really need to look closely at your actions. Are there other stores offering the same or similar products at lower prices? Are your competitors in a better location? Have you had customer complaints? Maybe they have disgruntled customers to testify?
I'm playing devils advocate here trying to show you that it could be an uphill battle. But if you can prove the threat to keep running the negative info until you pay, then you will have a stronger case. Their credibility will be shot.
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I suppose it would also depend on the type of article you are referring to. If it was some type of "consumer report" or opinion piece where it is clear to the reader that they are expressing an opinion, it may not be a libel. The better avenue to pursue would be proving that they are extorting you by promising to stop the negative ads when you pay your bills.
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As mentioned in my other post here; http://www.askmehelpdesk.com/corporate-law/wrongful-termination-44665.html
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