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wow!! i wish i could give you legal advice but i honestly do not know. i would talk to the manager and say that you don't need to discuss anything with a lawyer and if he wanted you to take down your negative review then you would. but honestly if you're upset about the bad photos then i would see what he could do for you.
i would definitely get some legal advice of your own. they might just be trying to intimidate you, but they might try to make a case for slander. i think our right to free speech comes under fire when we do something that might hurt somebody's business, unfortunately. talk to a lawyer before you do anything.
Yes, you are. He's trying to scare you into taking the posts down. I doubt very much he's got the extra cash and more then that - the time, to go sit down with you and a lawyer who would run hundreds an hour.
You have rights and freedom of speech as well as he does, can you imagine if every bad review on the web led to a law suit? Our judicial system would be backed up even more then it is now. Tell him if he doens't like the review to post his own rebutil on the site himself, but DON'T take yours down! If he bully's you into it how many others is is doing it too as well? People need to know of his bad service AND threatening customer service tactits as well.
He's obviously trolling for reviews on himself, which wouldl ead me to believe he's not that busy and business is suffering as is right now.
He's just trying to scare you, and I think that it's pretty sad on his part. Stand your ground, even if he tried to run a case of slander on you it would be weak and thrown out. Based solely on the fact that companies are reviewd daily on hundreds of different sites everyday and as he couldn't possibly know every place his company was reviewd - he therefore couldn't sue you with out trying to sue everyone who said something bad about his company. And that would just be stupid and no judge would even entertain the though of that many cases because he had his ego pushed a bit.
In fact if you call a random lawyer in the phone book that does free consults you can have a better outlook on it in 15 minnutes or so :-) I'm sure that the lawyer might even giggle a little. I know mine would.
I am not a lawyer, but I am pretty sure that as long as the things you are saying are true, you don't need to be worried about being sued. If you were posting untrue things (which I am sure you are not) then there might be a case for slander, or something like that. As long as you are just recounting your experience with them (positive or negative), I would say they have no right to threaten you like that. You could always take down the posts if that would appease them, but don't feel pressured to if you feel you are in the right. If it were me, I would even add to the review that you have now been threatened with legal action for telling the truth about your experience! Sounds like a miserable vendor for anyone to have to deal with. Again, I am not a lawyer, but as long as all your facts are solid, I would think you are in the clear.
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If I were you I would speak with a lawyer in your state to get a straight answer and do not rely on anyone's non-legal opinion.
I am thinking he is just trying to scare you. But I do not recommend that you go and meet with him unless you speak with a lawyer first, or have one present when you go.
Design Bee is right - I would add that in there.
He's bluffing you and I'm pretty sure of it. Ask for his lawyers name and number and watch him fumble for words.
As long as you kept the pictures you received (especially the bad ones) and have back up for what you wrote you are ok. Reread the reviews you gave and be sure that they are as true as possible. I would take him up on the meeting (but don't go alone). If they try to use intimidating tactics on you then feel free to walk out. If this is the first they heard about the issues you had with the pictures they may be trying to make reperations in exchange for you changing your review. You can just add to the review saying that they followed up years later when they found out you were unhappy and compensated you for the issue without taking away from the fact that you were unhappy.
Oh, and I forgot. Try to have the meeting in a neutral place like a restaurant and bring the pictures with you. This way you have back up for your complaints. It also puts you on even footing. If they agree to compensate you for changing the review or the bad pictures get it in writing. If they bring a document read it thourally and don't be afraid to cross things out. If both parties initial the changes then they are binding without making a new document.
Dont give him the time of day. This seems like an empty threat, one that seems to be happening often with all these review-based sites out there, and one that never materializes into anything.
Here's a little law school help as to what the definition of Defamation is, and in which case, if the person has the time and the money, can sue you for.
http://www.senserely.com/comment/reply/3056
If everything you posted was a correct account of what actually happened, you have nothing to worry about.
Definitely dont meet with the guy though...I dont see why you would have to subject yourself to that. Stick to your guns, and stick to the facts, and you've done no wrong. I hate when reviewers get bullied into taking accurate, negative reviews of a business down, so I hope you stay strong if everything you wrote about the business was true!
I don't know anything about law, but one piece of advice I was once given was to just state the facts in your reviews, such as "My contract stated I would receive 100 pictures: I only received 50," rather than saying "feeling" things, like "I really didn't like the photographer," or something along those lines.
I don't know what all the intricacies are, but perhaps that advice just helps in being as careful as possible?
Good luck with this! Very annoying really!
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I wouldn't talk to him or return his calls. Don't feed the animals. If they keep calling, tell them you are going to report them to the BBB and get a restraining order. I wouldn't spend money on a lawyer until you are summoned to court. How many thousands of review sites are online? Its really no different than a movie, restaurant or play review. Word of mouth is a *itch. Fight the power!
I'm not a lawyer yet (just a couple more months to go) but it seems to me that he's just trying to scare you. If your complaints are based on truths, such as "my photos were too dark" or "many pictures were out of focus," there is not very much that he can do to you legally. I would suggest that you send him an email explaining why you are upset with the quality of your pictures and telling him that this is the basis for your negative review. Whatever you do, make sure that you leave a paper trail for the contact that you have with him, though I'm 99% sure that you will never need it because he's full of crap. Good luck!
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Hi everyone I just got an updated e-mail from him and he's threatening me in his comment he said this "I await to hear from you soon? if i do not hear from you on the next two weeks i would take the necessary steps to take you to court and sites name of the review places to discuss your issues and see the evidence you got about us."
He's full of crap, and it's making me angry that he's trying to scare you. But if you want me to informally (haven't passed the bar yet so I have to put that out there) look at what you wrote about him, I would be happy to. Just PM me.
if it's a comment on his site, he doesn't actually own the comments (you do) so he can't make you remove them, according to this article: http://www.avivadirectory.com/blogger-law/
but it sounds like he wants to meet with you, not make you take them down, which seems strange. what's his reasoning for this meeting?
If he really was going to sue you then he would have had the letter sent by his lawyer (any lawyer will tell you that he should not be the one contactign you personally if he is threatening legal action) because he risks incriminating himself or putting himself in line for a harrasment suit. Did he cc anyone in the letter? Keep track of everything an be sure to keep copies of what you posted online. You could call his bluff and tell him you and your legal advisor (this sounds like a lawyer but can be anyone you trust for legal advise) will be happy to have a conference call with him and his lawyer. This way you find out his intentions and can record the call. No matter what stay calm and don't let this person upset you into making any rash choices.
I also agree with angiepangie regarding the papertrail and that he is full of it. Be sure to provide your complaints and have backup for them.
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I also think he is trying to imtimidate you into taking the posts down.
I am not a lawyer, but I am a journalist, and I know that libel law protects the right to "fair comment and review" and that nothing can ever be libel if it is TRUE.
So, as long as you are honest in your statements, I don't think he stands any kind of chance.
I suppose he could try and go for some kind of slander charge, but I don't think any court would take that seriously. You would have to do something really bad to get hit for slander.
Again, I'm not a lawyer, so you may want to double check, but I don't think he has any real legal basis for suing you. It's probably just scare-tactics.
Image if everytime a restaurant sued a reviewer everytime they got a bad review!! People have the right to their opinions. Or if a movie studio sued everytime someone trashed their movie on IMDB or on a blog.
Good luck! Let us know how it works out.
~ Mrs. Radish
Hi so I am not a lawyer but I had something kind of similar happen however it was much less severe. So what I was told by a lawyer was that for websites such as yelp and projectwedding.com the explicit purpose of these is to provide each individuals experience for review by others.
Do not agree to meet with this person. If he really wants to sue you, you should deal strictly with a lawyer and not meet with him in person. My lawyer told me that is incredibly difficult for business to sue their general customers for slander, they have to prove they lost considerable money due to your review and that you willfully intended to hurt their business not that you were just stating your opinion. I would call his bluff and lethim know that if he intends to sue you, you will gladly provide him with the name and adress of your attorney so that he may serve them.
Goodluck and don't stand for being bullied!
I suggest calling a lawyer and just asking. Many law firms are willing to give a little advice if a lawyer is needed or not on such cases. If it worthy of a sit down, then seriously consider it.
And next time he does contact you, tell him you want his lawyer's name and number and will contact him. If he stumbles, let him know that if he is threatening legal action, you would rather speak to a lawyer to protect yourself.
Good luck about all this. Just remember to be honest and upfront about it all with him. Keep all remarks to him very tame and whatever you do, do not threaten action back.
can you tell us more about the nature of your reviews. is it possible that you made statements that they vehemently believe to be untrue? if it was a matter of opinion regarding the style of the photography, it is hard for them to argue that you are defaming them but if you made any statements about their business practice or any allegations that they are being dishonest, i suppose they are well within their rights to explore that with you.
ladies, i hate to take the other side but i think we are often too quick to decide that the vendor is always wrong. you said you did not try to negotiate a refund so i'm not sure if you spoke with management about your disatisfaction at all. if you did not, it may have been surprising for the photographers to come across your negative review. in general, if you do not take any steps to remedy your unhappiness with a vendor, it's a little tricky to post public reviews about them.
would you be willing to link us to your reviews? that would help with our advice to you i think.
regardless i hope everything works out.
Yes...again it just all really boils down to whether you've stated facts about the situation or not. If you have, then you shouldnt have ANYTHING to worry about and you've done the public a good service by fully informing others about your experience.
still - don't trust the internet, as well-intentioned as our advice is. fork over the cash to at least consult with a real attorney just to be sure that you're covered.
if anything, this makes me even more inclined to trust that you've had a really tough time with them and that their customer service has been just as bad as you said it was.
His writing sounds more like a Nigerian money scam than the result of serious consultations with legal counsel. I agree with a previous poster that if he was serious, you would have recieved a cease and desist letter, not poorly written incomprehensible emails.
This smells strongly of intimidation. If you respond at all, I would state that if he doesn't stop harassing you, you will add a description of his emails to your online review. Make sure that what you wrote in your review consists only of facts, keep every conversation that is exchanged in writing, and record any face-to-face conversations you have. Then, just ignore him. He doesn't have a leg to stand on.
E-mail him back and ask for his lawyers info. He won't have an answer for you - he's bluffing and has way too much time on his hands it seems.
He's being a jerk and I would actually call the police just to make sure that his threats are on record and then they will call him and tell him to back off - if he wants to sue then sue the web site and you and get it over with and stop scaring you. He's bluffing.
If he wants evidence of your rant then ask him to go back and look at your photos.
If he was going to do something he would have done it by now. A simple e-mail back to him saying:
"I'm entitled to my opinion and I'm sorry you feel this way but I will not remove my thoughts from a public forum because you disagree with them. Thank you for your time, but please refrain from contacting me further or I will contact the police about being harrassed as your e-mails to me have been demanding and threatening and I do not appreciate it."
I had someone that woulnd't stop calling my house once and the police told me that if I asked him out right to stop calling me more then 2 times I could file harassment charges.
Turn the tables on him - OR better yet tell us who is is so we can all go after him....LOL
(PS - funny with all the trolling he does on himself he hasn't found this site yet!)
I wouldn't email him back at all. Just assume that he's collecting every communication with you and putting it in a file somewhere. He reads this site and he's reading all of our advice, right? Isn't this the person who got on here to try to refute your review before?
I don't think this poster is the same as the one who's photog got on here and disputed.
This is totally different, I went back and looked at Fading FLowers posts and thats not one of them that I saw - now I could be wrong so correct me if I am.
I hope you didn't find me rude, I too could be wrong after all...
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Sweeney2Be and Amysue this board is totally different from the person who posted about her photographer's vendor which was a bit unprofessional to do that. She posted the vendors name and demanded to get her refund back. I'm keeping it private and do not wish to review their business name here for respect. I simply just post a review at two sites just to voice my opinion and who knew that this person got my e-mail information and e-mailed me this morning about it.
I briefly scanned through the other comments, so I apologize if this has already been mentioned...
First - I wouldn't email him back. Second - can you "sue" HIM for breach of contract/not delivering? Third - report the vendor to the BBB and any wedding boards he might be liscenced with (i.e. Photographers of America Assocation or whatever. I made that one up.)
Good luck and I'm sorry you've had this happen.
P.S. - was it on the knot? I have had the worst experiences on that board with just about everything.
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I think that because she waited 3 years their might be a statute of limitations on how long she has to go after him for not following through - but maybe out lawyer savvy gals out there could answer that one better....?
no probs sweeney, i appreciated the clarification. : ) and i was sad to know that multiple bees are dealing with shoddy photographers!
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(Note: I am not a lawyer yet, but here are my 2 cents) Most likely, the statute of limitations have passed on any breach of contract claims, but that depends on your state law.
Most importantly though, I think Fading Flower just wants this jerk to leave her alone. I think she has resigned herself to the fact that she will never be able to get back what she lost by having bad photographers. But she shouldn't be harassed and intimidated by these people.
Hi all--I am a lawyer. First off the definition of libel is false & damaging written statements. Now every state has different elements to their own libel suits, but he'd need to prove: 1) you wrote the statements, 2) they are false, 3) people read them, 4) they caused him damages. This would be hard to prove folks. In any case, tell him you will not speak with him further and that you will only communicate with his attorney via signed mail--not email (anyone can pretend to be an attorney on the phone or over email--that is another offense but...) If you do receive any real communication from an attorney, please seek legal advice in your state.
The key here is to make sure that your comments expressly reflect your personal experience, that you clarify that you are speaking only about your experiences and not about anyone else's in the past. Do not make any allegations about his education/certifications/or other qualifications unless they are artistic. Meaning, you can say you thought the artistic quality did not meet your expectations, but don't call his credentials into question, which would imply that he lied about them.
Again, just be clear that in all your reviews you state clearly that this is your experience with this vendor and specifically about the photos you received for your wedding--make sure you note that you do not make any allegations or claims against his other work or his ability to do satisfactory work for others.
Good luck.
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Recently some weeks ago I posted a a negative review at 2 sites of a wedding photography vendor that I dealt with 3 years ago. I was upset that majority of the pictures were really bad but I did not take any actions for any refund at all. So the general manger e-mail me saying that he's concern about the negative remarks that I posted at those 2 sites and he stated that he needs to sit down with me to discuss this with a lawyer. I'm wondering am I entitled to my own freedom of speech to give my personal review of how I felt of the whole process I went through and the money that I spent there. I'm heart broken that I can't not look back at majority of the pictures and it can not be re-capture again.