Hey everyone, I am currently being attacked by some worthless 21-year-old stay at home mom (who is also a moderator on these forums) who is making these false statements about me on a message board. I tried to contact the owners of the site and had a nice little chat with them on AIM. They told me that "they're not liable for what their members say" and that's it's "just an opinion". They will not remove the content. They also live very close to me (strange), so I would have no problem getting a lawyer into this. I would just like to hear of alternative methods before paying out this money. Would and C&D notice work? What else? Thanks!
First and foremost, if you are trying to complain about someone else's behavior online, I would stop referring to them as "some worthless 21-year-old stay at home mom". Second, if it is an opinion, then there is little you can do. What type of false statements are being made against you? Are they verifiable acts? Lastly, where do you live? That will determine what laws apply and what type of letter you need to write. For example in Calfornia, I would include language related to: The above statements are unprivileged and defamatory per se in that they injure Mr. _______and expose Mr. _________to "to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation." Cal. Civ. Code § 45. If you are serious about this, contact a lawyer and get help.
I'm not saying names, so I don't see why using that phrase would be harmful. The statements she is making is why I was removed from a site. She is giving a different reason then the reason the owners of the site gave me. It's completely different. So yes, I believe they can be verifiable. I live in Arizona.
1. The statement was just petty and juvenile - that's all. (Oh yea, and if it ever ended up in litigation, they would use it against you to show your own online behavior.) 2. I am a little confused. So the site owners who know the true reason for your removal are allowing a statement which misrepresents their reason? Did you get something from them in writing (email, etc) that states this true reason? 3. Maricopa County LRIS Phoenix, AZ (602)257-4434 (800)842-4681 Maricopa County LRIS is a lawyer referral service. They can usually put you in contact with an attorney who practices in that area of law. Usually, you can get an initial consultation for a nominal fee. At least that can let you know if it is worth proceeding. I hate to tell you the reality of this type of situation. You will most likely never bring a lawsuit because the costs will far outweigh the damage or possible recovery. I know you have already contacted them, but I would continue to try and handle this informally. Only once you have exhausted that avenue, would I look to legal means to force them to make the change.
Yes, they are allowing this statement because they claim it is "her opinion" and they have "no control" over it. Yes, I do have writing that states this is true.
1st ammendment laws give her the right to say whatever she wants as long as it is not libel... If you have a true case of libel that may be a different story. Did you read the case about tuckermax and the blueberry heir?
I love tucker max, hes friggin hilarious. He also won the lawsuit against his crazy ex girlfriend for another 1st ammendment case.
Ultimately it comes down to what damage occurred? In most instances your feelings are hurt... but rarely does a "publc opinion" ever to be considered a case of libel. Counter: rarely do people "attack" just for the fun of it... just because you are the one feeling wounded doesn't mean you're without blame... I'll sure her story will be different than yours. Best advice - don't post on the forum anymore and the thread will disappear into the archive.
If you have a spare couple of million sitting around...Better off buying some high profile sites or investing in real estate rather than trying to sue someone who you think has no money.
What kind of things is she saying? If shes saying that you're like, a stalker or you sexually harassed her or something, and shes lying, then thats libel. If we threw people in jail for every minor insult, 98% of internet users would be in the electric chair. So if shes just saying "He's an idiot." or "He's a douchebag." then there isn't much you can do.