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[PA] Can a business sue you for defamation over an honest online review?
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Someone is threatening to sue me for defamation over a cigar review.
I'm sorry to hear that you're facing a threat of legal action; that can be very stressful. Can you tell me more about the content of the cigar review that is causing this issue?
I posted a simple cigar review that only said how the cigars I personally bought came in (slightly damaged) and how the one I was smoking tasted. I said like cardboard. I didn't bash the owner or the company. In fact, the only time I mentioned the company was when I said the name of the cigar, [business name redacted].
Have you had any prior communication with the person threatening to sue you regarding this review?
I even recommended people go buy one for themselves if they wanted to.
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your defamation threat.
I used to be an ambassador for the company, but I was never paid or signed any paperwork. It was just a word of mouth thing.
Hello. My name is Richard, and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're facing a threat of legal action for defamation over a cigar review you posted.
Disclaimer: Just a note, this conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only.
Could you provide more details about any communications you've had with the person threatening to sue you?
They text messaged me out of nowhere attacking and going off on me. Then I responded, and then they started sending me emails threatening me with a lawsuit.
Could you let me know which state or country you are located in? This will help me understand the legal context better.
I am located in Pennsylvania. They are located in Florida.
Thanks for sharing that. Could you tell me if there were any specific statements in your review that the person threatening to sue you mentioned as defamatory?
They didn't mention anything. They just want it taken down.
Based on your situation, there are several legal arguments and considerations in Pennsylvania and Florida that could potentially support your case:
Defamation Law: Defamation involves making a false statement about someone that damages their reputation. In your case, if your review was truthful and based on your personal experience, it may not meet the legal definition of defamation. In Pennsylvania, the plaintiff carries the burden of proving the elements of a defamation claim under 42 Pa.C.S. § 8343. When speech involves a matter of public concern, the plaintiff must also prove the statement was false, as held in Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986).
Opinion vs. Fact: In defamation cases, distinguishing between statements of fact and opinion is crucial. Opinions, especially those related to taste or personal experience, are generally protected under the First Amendment. Statements that cannot be proven false receive full constitutional protection under Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990).
Public Figure Doctrine: If the person threatening to sue is considered a public figure or involved in a public controversy, they would need to prove "actual malice," meaning that you knew the statement was false or acted with reckless disregard for the truth.
Jurisdiction: Since you are in Pennsylvania and the other party is in Florida, there may be jurisdictional issues regarding where a lawsuit could be filed. If a suit were brought in Florida, Florida Statutes § 770.01 requires written notice at least five days before filing, identifying the specific statements alleged to be false and defamatory.
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