Legal Question in Business Law in Utah

You've asked one of the harder questions to respond to as it's more of a business question than a legal question. That said, I'll make an observation. Take it as you will.

Rarely does someone follow through with such a threat as you've received. The amount is not enough to hire an attorney, leaving small claims court as a likely venue. Given what you've said, your testimony will likely overcome her claim of fraud. Proving fraud is difficult and the burden is on her to prove each and every aspect: There must be a representation that is false, known to be false at the time given and intended to be relied upon by the recipient of the representation, in fact relied upon by the recipient and reasonably relied upon, and with consequent damage or injury. Advertisements do not typically come under the "representation" issue and cannot typically be "relied" upon.

However, from a business point of view it's quite possibly better to let her have her way and move. on.

Let her make the next move, or offer her the refund - your choice. If you do give her the refund I would suggest that you make it contingent on her signing an agreement to not make any further negative comments privately or publicly about you or your work or shop.

Good wishes.

I absolutely agree with everything Attorney Larew said. However, I would add that this client can do you a lot of damage if she runs her mouth in community about this matter. I would offer the refund, but make it contingent not only on a release of liability but also on an agreement not to make disparaging remarks about you or your service in the community or online.

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