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Subject Topic: Can I sue for Bad Feedback?
  Merchant FAQ
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Posted: Apr-13-2006 at 12:53pm | IP Logged
PCB Webmaster
PCB Webmaster

Posts: 1098
Can I sue for Bad Feedback?

Please .. Don't shoot the messenger.

As has grown in popularity, we have come under fire by merchants who've threatened lawsuits (among other things) for allowing their own customers to post their experience, whether good or bad, on this website.

Please understand .. merely acts as a network communications provider (a "messenger"). If you have a problem with what someone has written about your company, then please contact the author directly using the messaging facility provided on this website.

In cases other than an opinion, where someone is spreading FACTUAL LIES about your company, you can file a Defamation Affidavit with our abuse department.   If the author does not provide a sworn statement of truth, revealing their identity, then the review/post can be removed. If they do sign a sworn statement, then you can request a copy of the sworn truth affidavit, and you can take the matter up with the author in court if you need to.

However, most of us can forget that free speech, especially dissent, is highly protected under the U.S. Constitution's First Amendment since the days of George Washington.   You as an American have the absolute right to stand in town square and tell as many people as you wish, how much you like or dislike someone else or their business practices.   You also have the right to tell others to what businesses you will recommend or "not recommend".

Nevertheless, if you still persist that you want to sue for what someone else wrote about you or your company, please read the following very carefully:

In Section 230 of the Communications Decency Act of 1996, the U.S. Congress provides absolute immunity to all "interactive computer services" (such as from all legal liability resulting from the actions of all third parties (ie. its users).

If you would like to research about this law further, along with details on case after case after case where the law has been upheld, please click here.

That being said, I am very happy to report that great majority of reviews have been overwhelmingly positive. I want to tell our community business leaders to keep up the good work and to always remember that your customers are your livelihood . . .

Remember to pay attention to them.

__________________ - The Better Business Directory of Flagler County
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