Last winter a home security contractor that I was using drilled a hole in one of my water lines and damaged my home. They fixed all the damage but I was still unhappy as I had to use a week of my vacation time to meet the various contractors that were required to fix everything. I wrote a bad review for that contractor on Angie's list and I am now getting letters from a law firm in Fredericksburg saying that I slandered this company and the burden of proof of this is on me.
I called a local lawyer and he said this is becoming common. He says it is mostly a scare tactic to get me to take down my negative review but they will move on it if the contractor pays them to do so. The bottom line seems to be that I either edit or remove my review or go to court.
Anyone else deal with BS like this?

If what you wrote is true, there is no slander.

Fairfax Jack Wrote:
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> Last winter a home security contractor that I was
> using drilled a hole in one of my water lines and
> damaged my home. They fixed all the damage but I
> was still unhappy as I had to use a week of my
> vacation time to meet the various contractors that
> were required to fix everything. I wrote a bad
> review for that contractor on Angie's list and I
> am now getting letters from a law firm in
> Fredericksburg saying that I slandered this
> company and the burden of proof of this is on me.
> I called a local lawyer and he said this is
> becoming common. He says it is mostly a scare
> tactic to get me to take down my negative review
> but they will move on it if the contractor pays
> them to do so. The bottom line seems to be that I
> either edit or remove my review or go to court.
> Anyone else deal with BS like this?

was your review accurate?

Amend your review to state the company is a bunch of useless litigious assholes on top of sucking at their job.

You should have documentation for the remediation work. You probably won't have any receipts from the contractor who caused it, but try and find paperwork from the other contractors.

So a contractor hit a water pipe (happens in renovation work ALL the time - water, gas, power, etc. hidden conditions in walls and floors). Then the contractor stood by his work and fixed the damage completely, he didn't try to hit you with $$$$ for dealing with unforeseen conditions? And you are bitching? Sounds like you should be writing a positive review. No wonder he is upset.

I had a lady call my company asking for an estimate, we explained that it would be a couple of days getting to her because we were booked ( 2 days ) she indicated that she was off the day she called and insisted on doing the estimate today, the day she called. After trying to reason with her she became very angry and threatened to post a bad review on Angie's List. We could not put aside other customers appointments to accommodate her. So she did just that, posted a bad review, not one thing could be done to stop her. The only recourse was to respond to her post which we did, too many people want what they want, when they want it, and they want it right this second.

No thought for anyone but themselves, while I have only received one bad post I do know of other contractors that have experienced the same threat that we had to deal with, while Angie’s List is a good thing it also opens the door for abuse of power. OP I do not know your circumstances but shit happens, no we don’t like it, yes we have to deal with it. Accidents do take place and it sounds like you got caught up in just that , an accident. Having to take a few vacation days to attend to your business, all be it not your fault is not as bad as having your contractor just walk away and say screw you.

If the company doing the work made good on the problem and in the end you came away whole except for a weeks vacation time, well you got paid to handle your business. Posting a review that even though you had to use vacation time the company did fix the problems that they created. Review their work, and if it was good work then reflect that in your post, amend it to bullet points and cover each thing with comments. I would not be happy with having to use my time for something that was not my fault either, however a whole, all in, bad review does no good to fix your circumstances and change the outcome of your situation. The laywers will create a problem for you, but if you edit your post to reflect the true nature of what was done then you are home free.

Stabitha Wrote:
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> If what you wrote is true, there is no slander.

Stabby's a fucking asshole but on this post, he's a CORRECT fucking asshole. So, +1 to him.

If it happened the way you said it did, then that's not slander. I'd stand your ground on this. Do NOT communicate directly with the contractor OR their attorneys going forward. Did the mail you received come certified or some other delivery confirmation method? Process server? If not...legally, you never got it. Keep the certified mail from them in one pile and the non-certified mail in another pile. If they take you to court (and they won't) then of course lawyer up and fight like hell.

In the meantime, printout a copy of the content that you posted on AngiesList. Don't cut and paste it...do a screen print. Take the printout to a notary and have them date, stamp and sign it. And then, mail it to yourself. When it arrives, do NOT open it. Keep it sealed and keep it in a safe place (safe deposit box preferably) and then save it to be opened only in a courtroom during the processing of the case against you.

@NotLogical: The OP burned a week of vacation...with the right attorney and judge, that's lost wages...if anything the OP could countersue for the lost wages. That would be an extreme measure, but it could be done. Honestly, I'd be willing to leave it at, "Stop harassing me and I'm leaving up my content...good day."

@ Morton.

Seems like the OP's only complaint is that he lost his vacation time because he had to deal with contractors correcting what was an inadvertent mistake by the Security Company who, in good faith, were taking steps to correct the situation.
Taking his vacation time to work with the contractors was the OP's decision. He could have declined, for whatever reason, to not take leave and insist that the repairs be done at a time when he was available.
Until I actually see the Angie's List review the OP posted and what his actual complaint is, I'm siding with the Security Company. They made an apparently inadvertent mistake and took measures to correct their mistake making the OP whole. And they made the necessary repairs on a timetable the OP apparently agreed to.

"Sounds like you should be writing a positive review. "

More like a mixed review. They screwed up the installation but did eventually fix the problem using other contractors (assuming they picked up the cost). There should be a separate review of the home security system post-installation.

It may happen all the time, but it doesn't have to. Between MISS UTILITY and readily available detection devices it is possible to find out where many water or electrical lines are located before digging or drilling.

The company stood being its work, fixed it and didn't try to charge more for their mistake. Good for them. A decent customer would take this into account in its review. HOWEVER THE LAW DOESN'T REQUIRE THAT YOU BE A DECENT CUSTOMER. It only requires that your review be accurate. And like it or not there are many customers out there who'd probably find the fact the company hit a water, gas or electric line to be relevant in making their decision on whether to hire the company.

If the company does pursue this, OP should be in good shape as long as he is accurate. I suspect the judge would find that the company had the burden of proof and there's a chance the company might have to pay the OP's attorneys fees. It would probably be much easier for the OP though to simply take down the review if the company doesn't press charges.

Now if the OP really wanted to get the company he'd replace the review with "Factually correct review of contractor's performance was removed due to threat of litigation." How many customers would want to do business with a company that threatened to sue them after doing substandard work?

Morton in Lorton Wrote:
-------------------------------------------------------
> Stabitha Wrote:
> --------------------------------------------------
> -----
> > If what you wrote is true, there is no slander.
>
> Stabby's a fucking asshole but on this post, he's
> a CORRECT fucking asshole. So, +1 to him.

Stabitha is a girl.

File a SLAPP action.

Security Contractor? Probably licensed by DJCS in Richmond. Complain to them that the contractor is harassing you. If not licensed, go to BPOL. Give them something serious to worry about.

This is the next big thing with the internet and it is going to put a hurting on Angie's list, Yelp, Tripadvisor and sites like that.
The main operation right now is reputation.com they are really not much more than a lead generation company for thousands of law firms across the country.
Doctors, dentists, contractors, hotels etc are going after people who write bad reviews about them. The majority of the time the reviewers back off on the negative stuff because they are scared by the original letter that they receive.


http://www.reputation.com/

She is a she Wrote:
-------------------------------------------------------
> Morton in Lorton Wrote:
> --------------------------------------------------
> -----
> > Stabitha Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > If what you wrote is true, there is no
> slander.
> >
> > Stabby's a fucking asshole but on this post,
> he's
> > a CORRECT fucking asshole. So, +1 to him.
>
> Stabitha is a girl.

Stabitha's a girl? Really? And all this while I have been oiling my asshole. I guess, with this revelation, now it's time to lube my cock!

Morton in Lorton Wrote:
-------------------------------------------------------
> Stabitha Wrote:
> --------------------------------------------------
> -----
> > If what you wrote is true, there is no slander.
>
> Stabby's a fucking asshole but on this post, he's
> a CORRECT fucking asshole. So, +1 to him.

The thread is wrong... if it is on Angie's List and it is written, the question is defamation via libel, and not slander.

I am wondering if the letters are fake, not sure why they would accuse of you of slander if even a law school dropout would know this is a libel question.

PS - had the complaint been tweeted, it may fall under slander because even though it is written it is arguably a transient form of communication. But Angie's List is a public forum where the record is meant to be lasting.

You did nothing wrong, and if you can prove that there was damage, you can win in court. By the way, the written word is libel, not slander. Don't worry too much, however. The burden for libel is very high. You have to prove that the party in question knew what it wrote was false, as well as proving that it was done with malicious intent.

_____________
We are all Eesh.

Young Curmudgeon Wrote:
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> You did nothing wrong, and if you can prove that
> there was damage, you can win in court. By the
> way, the written word is libel, not slander. Don't
> worry too much, however. The burden for libel is
> very high. You have to prove that the party in
> question knew what it wrote was false, as well as
> proving that it was done with malicious intent.


I have a personal policy of not taking legal advice from ginger jews

Here's a thought...

Can someone...OP, I'm lookin' at you...ohhhh, I dunno'....POST A LINK TO THE POST ON ANGIESLIST MAYBE?!?!? Christ...

Disappointed Wrote:
-------------------------------------------------------
> >
> Stabitha's a girl? Really? And all this while I
> have been oiling my asshole. I guess, with this
> revelation, now it's time to lube my cock!

Just keep your lips moist. That will work either way.

Found out this is all tied to reputation.com.
Thanks everyone.

answerer of the questions Wrote:
-------------------------------------------------------
> Morton in Lorton Wrote:
> --------------------------------------------------
> -----
> > Stabitha Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > If what you wrote is true, there is no
> slander.
> >
> > Stabby's a fucking asshole but on this post,
> he's
> > a CORRECT fucking asshole. So, +1 to him.
>
> The thread is wrong... if it is on Angie's List
> and it is written, the question is defamation via
> libel, and not slander.
>
> I am wondering if the letters are fake, not sure
> why they would accuse of you of slander if even a
> law school dropout would know this is a libel
> question.

In Virginia, the torts of slander (spoken) and libel (written) are lumped together under the common heading of defamation, so there's no need to worry about the form.

Truth is an absolute defense to defamation. However, mounting such a defense (you're still going to have to prove what you said is true in court) will still cost many thousands of dollars, which are unrecoverable except in very specific circumstances.

Bill.N. Wrote:
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> replace the review with "Factually correct
> review of contractor's performance was removed due
> to threat of litigation."

I like this.

Also contact Angie's List, and let them know what the contractor is doing. They charge a premium, and their service is worthless if customers can't speak the truth.

you have two choices...

take down the review or pay a lawyer a couple of grand and time off work for court. you would probably win but do you want to spend the money and time ?

your choice...

vrdew Wrote:
-------------------------------------------------------
> you have two choices...
>
> take down the review or pay a lawyer a couple of
> grand and time off work for court. you would
> probably win but do you want to spend the money
> and time ?
>
> your choice...


Yeah, I took down the review even though it was true so I guess reputation.com wins and the consumer loses.

Fairfax Jack Wrote:
-------------------------------------------------------
> vrdew Wrote:
> --------------------------------------------------
> -----
> > you have two choices...
> >
> > take down the review or pay a lawyer a couple
> of
> > grand and time off work for court. you would
> > probably win but do you want to spend the money
> > and time ?
> >
> > your choice...
>
>
> Yeah, I took down the review even though it was
> true so I guess reputation.com wins and the
> consumer loses.

You took it down?!?! What the fuck?!?! You gotta' fight the man, MAN! God, you are a pussy...

I bet he makes helpdesk tickets then goes on vacation expecting the pc support team to fix his pc when the helpdesk ticket was not clear on any issue at all expect saying its slow and needs to be looked at.


agree the OP who went on vacation is a totall asshole.

Bill N. had a solution that would've said it all, left you untouchable, and not left you laying awake at night wondering what happened to your spine.

No wonder you took a week of vacation to make yourself someone else's bitch. If you don't care to stand up for yourself, it's a wonder you haven't been gang-raped by the plumbing company.

Next time, cry to someone who'll respect you as the craven coward you are....

Fairfax Jack Wrote:
-------------------------------------------------------
> vrdew Wrote:
> --------------------------------------------------
> -----
> > you have two choices...
> >
> > take down the review or pay a lawyer a couple
> of
> > grand and time off work for court. you would
> > probably win but do you want to spend the money
> > and time ?
> >
> > your choice...
>
>
> Yeah, I took down the review even though it was
> true so I guess reputation.com wins and the
> consumer loses.


lawyers are always the winner in any lawsuit. they get paid win or lose

great business

If this were true every smart ass low life shit head on this Godforsaken forum would be sued. Fuck Angie's List, Fuck Fairfax. Makes it impossible for the rest of us to get jobs.

Homeowners are just double standard cunts for the most part. They expect perfection in an imperfect world and jump at the chance to criticize a contractor. Fuck you and Fuck Angie's list

I go after any homeowner who writes a false review about my company. I have done it five times now and won every time.

People have a strange opinion about "mistakes" anymore. They feel that just because they make a little "mistake", it expunges them from any blame or responsibility.
"Oh, but it was a mistake". Fantastic. But that mistake maybe just got someone hurt/killed, or in this case, stuck spending time dealing with something they shouldn't have to deal with (though a week to fix a water line seems excessive). Does that make it any better?

I'm much more of a results guy. I like to look at what the end result was, then, if necessary, follow the facts back to the "why".

A "mistake" is just a polite way of saying someone was a dumbass. There are no do-overs for being a dumbass.

Que? Wrote:
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> People have a strange opinion about "mistakes"
> anymore. They feel that just because they make a
> little "mistake", it expunges them from any blame
> or responsibility.
> "Oh, but it was a mistake". Fantastic. But that
> mistake maybe just got someone hurt/killed, or in
> this case, stuck spending time dealing with
> something they shouldn't have to deal with (though
> a week to fix a water line seems excessive). Does
> that make it any better?
>
> I'm much more of a results guy. I like to look at
> what the end result was, then, if necessary,
> follow the facts back to the "why".
>
> A "mistake" is just a polite way of saying someone
> was a dumbass. There are no do-overs for being a
> dumbass.

You speak with experiance.
Shit happens..when you let others do the work you should do yourself.