Legal Question in Constitutional Law in Arizona

Consumer Complaint Websites

I have read that in order for a consumer complaint online to be ''defamation'' it has to be false, and there has to be proven damage. When people post consumer complaints online and they name the company, if the complaint is true, is that essentially the end of it as far as the company pursuing a defamation suit?


Asked on 7/26/02, 11:23 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Consumer Complaint Websites

It should be. The company might claim that the statement is false, but it would bear the burden of proof on that point. If the statement is found to be true, as you say, the company would lose.

I should add a disclaimer -- I'm only licensed in California and your question refers to Oklahoma and Arizona law, which might be different from the law here in my state. The requirement of falsity in a defamation case is quite general, though, and I expect that all 50 states agree on this point.

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Answered on 7/26/02, 1:29 pm


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