(Closed) Am I entitled of my own right to give a personal review

posted 10 years ago in Legal
Post # 3
Member
184 posts
Blushing bee

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.

Post # 4
Member
1246 posts
Bumble bee
  • Wedding: June 2009

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.

Post # 5
Member
1458 posts
Bumble bee
  • Wedding: August 2008

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.   

Post # 6
Member
41 posts
Newbee

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. 

 

Post # 7
Member
95 posts
Worker bee

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.

 

 

Post # 8
Member
1458 posts
Bumble bee
  • Wedding: August 2008

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. 

Post # 9
Member
236 posts
Helper bee

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.

Post # 10
Member
236 posts
Helper bee

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.

Post # 11
Member
1718 posts
Bumble bee
  • Wedding: June 2008 - Winery in the Gold Country

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! 

Post # 12
Member
41 posts
Newbee
  • Wedding: March 2008 - Riverside Hotel

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!

Post # 13
Member
220 posts
Helper bee
  • Wedding: September 2008

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!

Post # 14
Member
94 posts
Worker bee
  • Wedding: December 1969

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!

Post # 16
Member
94 posts
Worker bee
  • Wedding: December 1969

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.

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