What is my legal recourse if I recently learned a competitor of mine is telling clients/potential clients that I am no longer conducting business and moving out of town?

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What is my legal recourse if I recently learned a competitor of mine is telling clients/potential clients that I am no longer conducting business and moving out of town?

All these allegations are untrue. What is the proper way to notify this business to cease maki g these allegations?

Asked on January 23, 2016 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can bring a lawsuit against them for defamation, which is the public (to other people, 3rd parties, or generally) of untrue factual assertions that damage reputation and/or cause monetary loss. You could also sue for tortious (wrongful; e.g. by defamation) interference with economic advantage--using wrongful tactics to interfer with your business/livelihood. Certainly, you can start with a letter first, then escalate to a lawsuit if necessary. In my experience, you will move likely get them to stop if you have an attorney write any any such letter and send it out on  the attorney's letterhead. The lawyer can include statutory and/or case law citations to make it clear that you have done your homework, have law on your side, and are ready to go the next step.


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