What Can I Legally Say?

(Nsty N8) wrote:

I received BAD service from an online plant dealer. The site was incorrect
about what they had in stock, the plants were shipped 2 weeks late and they
won't respond to my emails or phone calls. I also received melted plants.
What can I say or write without getting myself sued.

Unfortunately, there is very little correlation between what you can
legally say and what you can be sued for saying. Anyone with the
inclination can bring a lawsuit for just about any absurd crap. They
may not win it, but that's often not the point - their intent is more
to hassle, harass, and stifle other complaints.

My personal opinion, and I'm a hotheaded computer geek, not a lawyer,
is to say what you want, but stick very clearly to the indisputable
facts ('site said item x was in stock', 'promised shipping date was',
'actual shipping date was', 'sent email on Monday', etc). Back
everything up with documentation if you can. When you state an
opinion, be clear that it is only your opinion.

This won't protect you from some disreputable, unscrupulous person or
company suing you - nothing will if you choose to speak - but it will
make the potential cost for them higher. Their own reputation is going
to be far more damaged by bringing a lawsuit over factual comments
(see PetsWarehouse fiasco) than the comments themselves ever were, and
their chances of losing or being tossed out of court by an even
moderately intelligent judge will be higher.


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www.ericschreiber.com