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Can I sue for defamation ?

Los Angeles, CA |

A year ago I signed up for a free game account on face book and played it quite often during the last year because it requires continues updates . In January my game got disconnected and a screen appeared that said " Your game account has been suspended - Cheating is not tolerated " . I contacted the Company through their support system to let them know that I am not using cheat software . The response was that they have firm evidence that cheats were used and they will not reopen the account . Because they also stopped answering further questions I had to go through the BBB to ask for proof for their accusation which they can't provide . All my game and BF friends know now that I got suspended for cheating , It insults me and unless reversed my friends will have to assume that I did cheat .

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Attorney answers 4

Posted

Here's a link to CA defamation law. http://www.citmedialaw.org/legal-guide/california-defamation-law. You would have to show a couple of things to even get an attorney interested - first, what are your damages. You might be embarrassed that some buddies think you cheated at a game, but is that going to sway a jury to award big money? Secondly, you have to show the company was at least negligent (i.e., a "reasonable" company would not have done the same thing with the same information) in what it did. I can't imagine there is much of a suit here.

* Please note that I am an Attorney practicing in Georgia, but I am not your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. If you would like to discuss your Georgia Personal Injury, Medical Malpractice, or Criminal case, I am happy to discuss your specific situation with you at no cost to you. I can be reached at 404-996-5157 or Fareesh@SarangiLaw.com. If you found this Answer "Helpful" or " The Best Answer", please click the tab indicating that. Thank you!

Posted

I agree with Mr. Sarangi. Additionally, a defamation action requires a false statement of fact, rather than opinion. The company's statement that you have been cheating may be interpreted as an opinion. It may be similar to a referee's discretionary calls in football; for example, pass-interference calls are not reviewable because they pertain to questions of the ref's judgment, or opinion.

Ryan T. Darby practices landlord-tenant law and civil litigation. This response is intended for informational purposes only and not intended to create an attorney-client relationship. Please reference the Avvo terms of use at http://www.avvo.com/support/terms.

Posted

So, how did all your friends find out that your account was suspended for this reason? FB notified you; who did you tell? Defamation requires publishing a false statement to third parties (among other legal showings). Publishing to the person who feels defamed is not sufficient publication for a defamation cause of action.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Asker

Posted

How did my friends find out. Well, they asked me and I told them the truth. Am I suppose to lie to my friends to protect the guys that actually insulted me?

Christine C McCall

Christine C McCall

Posted

No, of course you were not required to lie, but there is no possible defamation claim against FB in the absence of FB having published an accusation against you to 3rd parties.You were within your rights to tell your friends, but that doesn't give you any claims against FB.

Posted

For a defamation suit, needs to be publication to third party.

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