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Is it legal to blog post public records with a photo of the person and not comment in any way.

Cathedral City, CA |

A previous discruntled client anonymously uses review websites to harm reputations posting false light, libel and uses name calling "creep" and "freak" about me and my business online. We have great reviews for many years and the three new horrible reviews have hurt business. These reviewers have created anonymous profiles however we know exactly who they are according to our client records and have a website privacy policy stating we honor privacy with details.. also with a disclaimer if name calling or false facts are posted we reserve the right to share personal information of the client. False facts : the reviewer stated we didnt give him his refund for two weeks when we indeed processed five days. I would like google to index names public record with no comment so others may find them

Attorney Answers 4

  1. Legally publication of true facts is protected. You refer to your contract, which no one on Avvo has seen. The precise details of what you intend to do and how could change this analysis.

    Be aware that the mentally unbalanced normally move on, and by starting a "war" you are likely to prolong this situation. This type of behavior is going to be an epidemic in the 21st century. We have one such person (at least) here on Avvo.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

  2. Mr. Doland is right. A lawyer would have to actually see the post to get a true picture of the case and whether it had merit.

    He's also right that having any kind of contact, interaction, or legal argument with a mentally unstable person could lead to more issues for you. I don't have a sense of the grand scheme of the situation from your post. You'd have to hire a lawyer for that although it's certainly a factor to consider. You don't want to be the focal point of the ratings of a lunatic ( I'm not saying this person is a lunatic although I'd certainly be mindful of that possibility).

    You are welcome to call Ms. Johns' offices for a free or low cost consultation at (866) 402-4038. Please note that Ms. Johns is a lawyer although she is not your lawyer unless you have signed a written fee or letter agreement confirming her office's representation of you. This email does not otherwise constitute legal advice or create an attorney-client relationship.

  3. If you want the situation to escalate one sure way to do it is what you suggest. It is far better to encourage positive reviews and let customers or clients know, on your website, how seriously you take customer service. Give guarantees and follow through.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

  4. It seems to me that using "creep" and "freak" are very helpful to you in that the reader will generally see the review for what it is.

    I am a lawyer, but I am not YOUR lawyer unless we have a written representation agreement in place. This answer DOES NOT ESTABLISH an attorney-client relationship. Answers on Avvo are not intended to replace the advice of an attorney who has conducted a complete intake interview. If any statement I make may be construed in a fashion that violates any laws or ethical guidelines, you may rest assured that I intended it to be construed otherwise.

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