Legal Question in Business Law in California

Are e-mails conversations confidential information?

I have been e-mailing a company regarding 3 orders that I placed with them. We have been exchanging information back and forth because they hardly ever answer their phones and offer no message system. They threatened me with legal action because I posted all of the e-mails on a Wholesale Forum to let others know about their poor business practices. Can they seek legal action?

All of the e-mails are ''Fact'' and nothing was edited, If you need to view the e-mails I can forward you the link to the forum.

Thanks


Asked on 12/09/04, 4:20 pm

3 Answers from Attorneys

Timothy J. Walton Internet Attorney

Re: Are e-mails conversations confidential information?

Generally, the email messages you describe would not be considered confidential. However, there may be other reasons why you might get sued. For example, there may be accusations of trade libel or defamation per quod.

Maybe I can help further if I can see your posts. Send email to [email protected] or call me on the telephone at (650) 566-8500.

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Answered on 12/09/04, 5:06 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Are e-mails conversations confidential information?

The e-mails are probably not confidential.

Whether you will get sued depends upon a number of factors, including the company's willingness to spend their money in an attempt to quiet your complaints. One of the "hot topics" in internet law at the present time is whether the First Amendment protects what are known as "gripe sites" -- that is websites that post gripes about consumer's unhappy experiences with the companies they deal with. In recent times, some companies have sued people who post such messages on the theory that they are infringing on the company's trademark or service mark. Although these types of suits have not been successful in the courts, they nevertheless can cost the defendants large amounts of money to defend.

If the company you are dealing with is a relatively small one, your chances of being sued are probably less, than if you are dealing with a large company with plenty of money to waste.

Of course if anything in the e-mails is false or defamatory, you can be sued for trade liable, defamation, or any number of other tort theories.

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Answered on 12/09/04, 5:27 pm
Terry A. Nelson Nelson & Lawless

Re: Are e-mails conversations confidential information?

Their threats are not really, as long as you limit yourself to the truth in your current postings, and in your original emails. HOWEVER, anybody can sue anybody for anything; that's what is meant by the litigation explosion. However, winning requires a good case, and you haven't given them one yet, according to your fact statement. If they continue to threaten, you might want to hire counsel to write a letter to them. If they sue you then you have to hire counsel to defend and protect you. Contact me if you need to.

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Answered on 12/09/04, 7:22 pm


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