Re: Could I be sued if...
cabrunis wrote:I posted in a forum that the the only reason I could think of for a company not giving me a refund is that they may be having financial problems. I honestly believe this. Can they sue me?
Of course the company can sue you. It can sue you for anything. Whether the company can
win if it sues you is another question entirely.
Falsely accusing a company of having financial problems is not one of the categories of defamation
per se (unless you asserted that the company was engaging in fraudulent or otherwise
illegal activities), so the company would have to prove that it suffered actual damages as a result of your statements. That won't be easy for the company to prove, but it's certainly not impossible. And it may be no defense that you honestly believed you were telling the truth.
Without knowing more about your situation, I can only offer these rough outlines. In the vast majority of cases, these sorts of threats regarding statements made in internet forums are largely that: threats. Some companies, however, take these sorts of things very seriously, and are willing to follow through with legal action. Asserting that a company is having financial problems can be a very serious accusation, and you might want to think twice before making the same kind of statement in the future without some solid evidence.