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A person working right next door to my retail business is soliciting my customers as they walk up? Do I have any recourse?

Santa Ana, CA |

I have asked her to stop and informed the property manager but the behavior continues.

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Attorney answers 4

Posted

If the person is on a public sidewalk and exercising their First Amendment rights, there might be little you can do. However, there may be City ordinances as to public solicitation on public sidewalks. Speak with a Business Law attorney (see Avvo.Com) and see what options you have legally. Good Luck!

Posted

Depends on the nature of the business, nature of your lease, and multiple other factors. Could be actionable as interference with perspective contractual relationship. Could be nothing. You should speak with a local business attorney to review.

Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. Moore & Moore Attorneys at Law -- thelaw@mytrustedlawyer.com

Posted

As a practical matter, you shoudl continue to infrom your property manager in writing of the offending behavior. You should also contact your local police to come and confront the solicitor as the police will be somewhat knowledgable of teh city ordinances and may politely ask the solicitor to move on with out the expense of an attorney. Good luck!

Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction

Posted

Continue to inform the Landlord. Whenever you notify the Landlord, always do it in writing.
The most effective proposal is to ask the Landlord to implement a "no hawking" policy as part of the rules for the tenants. The Landlord has the power and ability to do this. A "no hawking" policy restricts aggressive solicitations that call out, touch or pursue demonstrations, products or services. I have recently put such policies in place for my Landlord clients.

You may have other legal recourse that a business litigator may be able to advise you about. Solicitation is a tricky matter. There are first amendment rights involved and there are also interference with prospective business advantage ( that is "your prospective business advantage").
Good luck to you and keep trying with your Landlord. Just be sure to communicate in writing.

This information is general and will change according to your facts. While this information may apply to your situation, without more facts I can not encourage you to rely on this information. I am not your attorney. No attorney client relationship exists. You should hire an attorney for your specific business matters.

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