I signed a contract to host an event at a local hotel, and on the weekend of the event the staff failed to provide most of the services guaranteed in my contract. I paid up front half and the other half the day before the event, and after the event I stopped payment on the second check. The hotel is completely unwilling to consider compensation even though I have pictures, evidence & witness testimonies that confirm the hotel basically ruined the event completely (and I'm out money & lost profits because of them). I reviewed the hotel on TripAdvisor.com and Epinions.com as well as filled out BBB & NYS CPB complaints, and the hotel sent me an email telling me to "cease and desist any & all libelous activities." Does anyone know what my rights are as a consumer who didn't receive the services I was guaranteed, and do I have the right to matter-of-factually share my experience with that hotel online? Thank you!
2007-06-25 13:00:38 · 5 answers · asked by jlo5616 3 in Politics & Government ➔ Law & Ethics
I'd appreciate if some of you could go to my Epinions review and tell me if you think it is libelous. I tried to be truthful and emotionless in writing it. Thank you! http://www.epinions.com/content_379357007492
2007-06-25 13:26:57 · update #1
Their request that you cease and desist hasn't much legal significance. It's not an order from a judge, but it may be a sign they intend to try to get one.
I'd suggest you seek legal counsel. All you're going to do if you continue on your current course is get their backs up, and they probably can afford more lawyer than you can.
2007-06-25 13:07:14 · answer #1 · answered by open4one 7 · 0⤊ 0⤋
You better hire a lawyer.
The fact is that even though you had a nasty experience with these jokers, and they were inept, you could be sued (doesn't mean they would win), for trade disparagement (defamation of a business).
Of course, if this is a publicly, well-known hotel chain, you probably have good defenses.
In commercial defamation cases, truth is still not an absolute defense believe it or not. Even though you've told the truth, if you tell it in a way to be malicious, that is to intentionally cause injury, rather than to tell it to honestly relate your experience with a product or service, you can still lose.
However, if what you said was true, and the hotel suffered because they lost business due to their own inept service with you, there is still commercial privilege.
That is if you know of a known defect in a product, and report that promptly to make it public knowledge, even if it was malicious, if it saves lives or prevents losses, it can still be privileged.
The privilege is not absolute though.
So that's where the lawyer comes in.
Better hire one before you continue to give them ammunition to sue you in court.
Oh, and remember. This is America, and in this country, you can sue anyone any time for anything.
Happy hunting.
2007-06-25 13:07:22 · answer #2 · answered by krollohare2 7 · 0⤊ 0⤋
The "cease and desist" order means to stop what you are doing or they will sue you for libel. If what you say is true, you have not libeled them and they have no case. I would sue them for the cost of the event and get the half of your money you paid back.
2007-06-25 13:09:13 · answer #3 · answered by msi_cord 7 · 0⤊ 0⤋
They are telling you if you don't stop filing complaints, which you have a right to do if you got bad service, that they are going to sue you.
Many times it is a scare tactic to get you to shut up so you might just want to go ahead and sue them and use your evidence to make them pay you (good evidence, by the way :) Get a lawyer and try to go big, too. That way when they lose in court, their record speaks for itself.
Good luck to you ~ hope you can knock them off their feet (legally speaking, of course :)
2007-06-25 13:09:28 · answer #4 · answered by KittyKat 6 · 0⤊ 0⤋
Better hire a hungry attorney and sue their butts off!
2007-06-25 13:06:07 · answer #5 · answered by Anonymous · 0⤊ 0⤋