A BBB complaint

I have a former client who filed a BBB complaint against me..There are several
issues in her contract which she has gone against.. She paid a year in advance
and then after defaming our business, in text, she agreed to have the remainder of
monies above and beyond those costs in contract…to be donated to another
client. After we applied to monies to the other client, she then demanded the
monies back….the superior court judge upon all show of contract and text and
threats saw fit to grant us an injunction against harassment… In her contract she
sign a binding agreement not to defame, slander, false light, against our company
and or other clients…both of which she has gone against including a 17 year old
who lost her puppy from a vaccine…

Asked on May 29, 2017 under Business Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If someone breaches a binding agreement, including one to not defame, slander, etc., you can sue her for breach of contract for monetary compensation. Remember, though: defamation is the making of false factual statements which damage your reputation, not the stating of opinions, no matter how negative--opinions are never actionable. So say that she says that your business is "awful" and "only a fool would trust them"--that's an opinion, and you can't do anything about it unless the agreement's language would bar even opinions (but if the agreement refered to no "defamation," etc., then the general legal definition of defamation would be used to determine violations). 


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