Sued over bad review??

Thanks! One more question: if there is a “non-disparagement” clause, then what? Isn't that not permitted under CRFA anyways? Meaning if I sign a sales contract containing one, and the company or product fails or there is an issue and I write a factual review about it, isn’t that clause void anyways?

 

That sounds right and I would have to take his word for it, as that is a little out of my wheelhouse. I don’t practice much contracts law, my thoughts came from settling lawsuits and/or disputes and authoring the releases.

From what OP has said it doesn’t look like what he signed was a release and it didn’t contain that language, so my earlier post is inapplicable here. If they had done a release, the non-disparagement clause (if it had one) would absolutely be enforceable.

 

best thing to do is post up reviews about bad service Anonmously or with a fake name if you can and then the lawyers cant violate your 1st Amendment
rights(USA)

 

Im not a lawyer, but I do think the FTC website disagrees with you regarding the validity of a disparagement clause:

“In summary, the Act makes it illegal for a company to use a contract provision that:

1. bars or restricts the ability of a person who is a party to that contract to review a company’s products, services, or conduct”

https://www.ftc.gov/tips-advice/bus...review-fairness-act-what-businesses-need-know

 

I would assume that applies to sales contracts and the like, but again not my area of expertise. In a settlement, release, or other similar contract where the parties exchange consideration to end a dispute, not only is a non-disparagement perfectly legal and enforceable, it is the standard in business disputes.

Otherwise why would someone settle and pay monies if the other party were just going to go out and continue disparaging then. I will add that in Georgia you need to delineate specific consideration that is solely for the purpose of confidentiality, if confidentiality is part of the agreement.

 

Ah, my confusion- if its part of a settlement that makes sense. Thanks for clearing it up. Another good case in point about separating opinions and facts in writing reviews - the recent news about that lawyer in NY being Yelped to death for going off in public - he may apparently have a good case for libel against those who wrote disparaging emotion based reviews about him without any professional relationship or contracts with his business. What a mess that was!

 

https://m.youtube.com/watch?v=BKbD8be4kcc

 

Interesting, some definate things to concider before posting reviews in either Canada or US. Thanks!

 

Tell that to Stormy Daniels lawyer!

 

Damn. It lol
Well everything now posted is fact.
I have proof etc.

 

For what it’s worth this guy on the video seemed very pro business. Not impressed.

 

Update.
Spoke to the threatening lawyer today on the phone.
I told him i will gladly change my reviews to be the same as my 100% factual google review.
He said what does being contacted by a lawyer have to do with the price of tea in china. I said everything. I think its important for people to know and be aware that they will seek legal assistance against you should you have a bad experience there etc.
He said he will take my review to the client and get back to me and hopefully it will be the end of the matter.
Stresssssss

 

Fuck that guy.

 

No, if both business and consumers quit being dicks, there would be no problem
So many posts here are anti business and pro little guy. I understand but geez, does anyone think that posters here tell the truth 100% of the time? Um, no.
Just like this thread, what did the OP's original review say?

I'm not pro business or pro comsumer, I'm just anti dickhead. Review away, but only state fact. No emotion, no opinion, just fact. You will never be bothered by doing this. Gotta be able to back it up though.

Now, as far as "first amendment rights," you have never been able to commit libel or slander. That's not covered and is a dick move. My .02.

 

Is a stupid review really worth all of this?

 

That lawyer self inflating his own worth was what I was commenting on.

 

Yeah I didn't direct my comment at you, just in general.

 

It's all good.

 

My. First review was also factual but had opion in it I called him a butcher and a hack etc etc

 

Well to me its not a stupid review.
If it happened to you perhaps you might feel differently.
If you were about to take your truck somewhere for lets say a cmc wouldnt you appreciate a review like mine. I know i would.