defamation and slander?

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MICHELLE
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I have a question regarding slander and defamation?
If you simply write a review of a business, stating truth, and real things (negative) that happened to you, can you be sued for slander or defamation?

I wrote some comments regarding a business on facebook and it is all true and they know it. They owe me money they had promised to refund me a month ago. Now they sent me a letter about defamation and slander. Saying I have to stop writing anything on social media regarding them. But if it was just like a review, how can that be illegal?

Are they able to pursue anything further?

When I called to ask lawyers if I could explain the whole story, just for their opinion, they tell me I have to pay just for advice. Is there a way to find lawyers who will do this pro bono, if indeed I do need a lawyer?

I am located in NC.

Answer 1

Here is a really good breakdown of the definition and defense of slander and defamation.



http://legal-dictionary.thefreedictionary.com/Libel+and+Slander



I am not a lawyer, but it looks as if the person accused of defamation can prove the statements are true, then it appears no action can be taken against said person.



If it were me, I would respond to the effect "until you fulfill your agreement with me, I will continue my constitutional right to voice my factual experience with your business. How a customer experiences your business is entirely up to the owners and management of your organization."



p.s. - don't forget to review them on Yelp.

Answer 2

As long as it is the truth it is not defamation or slander, it is free speech.



They could sue you but they would have to show you are lying and that it hurt their business.



Some lawyers will give you a free consultation but I'm not sure how easy it is to find one.

Answer 3

Probably they would lose such a case. Assuming they are a business and advertise, they hold themselves out as a "public figure." Accordingly, they have to demonstrate that you are acting maliciously, without a truthful intent.



But be careful, in such cases, the person accusing you of slander may be required by statute to send you a letter demanding a retraction-as they did. That makes me think that they may have a lawyer advising them. While I don't think you will be sued, you may want to double check just in case. This may be a shady business who tries to bully people, but consult a lawyer just in case (you can do this online for free sometimes-or for a nominal fee)