SPONSORS
2024 ICRBE EXPO |
Re: Business Ethics Question
Posted by:
Mike Sertic
(---.san.res.rr.com)
Date: December 28, 2006 01:11AM
Craig, in case you were wondering about whether you have a legal basis to demand this guy stop, here is the relevant federal law on false advertising.
15 USCS § 1125 a) Civil action. (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which-- (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. And a broad definition of the Texas law of defamation: 50 Tex Jur Libel and Slander §§ 1, 7 Actionable defamation is a statement, whether communicated orally or in writing, that "tends to injure a person's reputation, exposing the person to public hatred, contempt, ridicule, or financial injury." Defamation involves the publication of a false statement of fact. So, if he is making false statements of fact, such as that you are selling seconds when you are not, you have a legal right to make him stop. However, he can still state an opinion that he doesn't think your rods are good, or that his are better, even though this shows him to be a classless jerk. It is very unlikely that it would be financially worth it for you to actually bring a lawsuit, but it may be worth a couple hundred bucks to hire a lawyer for the limited purpose of sending him a letter requesting that he cease and desist making false statements of fact about you or your business. Also, Tom's advice about handling customers' responses to this guy's statements is excellent, as is his advice about maintaining a professional attitude about the situation and not being drawn into a personal dispute. Sorry, only registered users may post in this forum.
|