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    coldinmass's Avatar
    coldinmass Posts: 2, Reputation: 1
    New Member
     
    #1

    May 7, 2012, 01:12 PM
    I am being threatened with a lawsuit
    I filed a complaint with a business due to what I saw at the time as unethical behavior which I still see as this. However I also made accusations to the Atty General based on speculation and not facts. My assumption was that the Atty general would look into the matter and make a decision based on their review. Instead the company is saying they are preparing a defamation suit against me. They stated this 3 times in their rebuttal letter to the atty general. They also demand I call them. I sought protection from the atty general under the consumer protection act and because I spoke out I'm being sued. Is this actually going to happen? Are they just trying a scare tactic or are they really able to sue me? They also assassinate my character several times over in their rebuttal. Its true that I wrote a negative internet review but not to the extent of what Id told the Atty General.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    May 8, 2012, 09:32 AM
    Quote Originally Posted by coldinmass View Post
    However I also made accusations to the Atty General based on speculation and not facts. Is this actually going to happen? Are they just trying a scare tactic or are they really able to sue me?
    Hello cold:

    What would they gain by scaring you?? Nah, I think they're going to sue you. You damaged their reputation. And, by your own admission, NOT based on the facts. Your complaint to the attorney general is NOT confidential.

    Do you own a house? I'd get a lawyer.

    excon
    coldinmass's Avatar
    coldinmass Posts: 2, Reputation: 1
    New Member
     
    #3

    May 8, 2012, 09:57 AM
    Thank you. I still believe they would have to prove I was wrong. I stand by what I said, the only eveidence I could have is a lack of results as well as lack of disclosure on their part when asked standard and typical questions, that is my only proof. There were many people more outspoken than I on internet reviews. They also said they have IT people who erase bad reviews because of "bad apples like me", they went on to support my argument about their dislike toward certain buyers saying we have a "penny pinching mentality? Isn't that also considered slander if not defamation? I am a good and decent person who had a really bad experience at a cost of $400. Ironically, they still sell these discount vouchers on a regular basis. Im over this anyway. It was a bad experience and it's a closed door and a lesson learned about using caution when soliciting these types of providers. Its done as far as Im concerned. Thanks for your 2 cents excon.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 8, 2012, 11:27 AM
    No, you have to prove you were right, you were they one that attacked their business practice and will have to prove what you said was wrong. They do not have to prove they did not do something, you have to prove they did it.

    I will assume before you wrote a bad review and contacted the Att Gen you have all the proof in writing to submit as evidence.

    So yes I bet they will sue you, most likely they have attorneys hired on staff to do so. They do this to people who complain too much, to get the word out that it is bad to complain.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #5

    May 8, 2012, 01:52 PM
    I know someone who sued two insurance companies, lost, and was countersued. The companies won a 30,000 judgment for legal fees. I think (not sure) they claimed frivolous lawsuit to get their fees back. This friend did not have a lawyer throughout any of it. Judges hate that.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    May 8, 2012, 04:02 PM
    Excon's opinion is worth a lot more than 2 cents. You filed a complaint with the AG alleging criminal activity. That's the only thing you go to the AG for. That means you publicly accused them of breaking the law. In addition you defamed them on the Net. So they have ample proof of your defamation.

    So they sue you and if it goes to court, you will have to prove that your statements were factual. If you can't, they win. You need to get yourself a lawyer before you do any more damage to your future.

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