A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Demand Letter Example In Massachusetts
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Chapter 93A Demand Letter By Consumers The purpose of the letter is to put the business defendant on notice of the possible lawsuit and to encourage out-of-court settlement when possible.
An Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith.
We must receive all complaints in writing and cannot take your complaint over the phone. You can reach us at (617) 727-8400. You can file a complaint at any time using our online form.
Don't forget legal requirements. Maintain a polite, neutral tone. Outline the facts clearly. Explain the costs or "damages" you've incurred. Make your total demand explicit. Ask for more than you want to allow for negotiation. Specify a response deadline. Explain what you will do if the demand isn't met.
The right to be heard. The right to redress. The right to consumer education. The right to a healthy environment.
The CPA requires that you are transparent in all your dealings with consumers and places a wide range of responsibilities on you. Under the CPA it is a criminal offence to make a false or misleading claim about goods, services and prices.
93A § 9 provides remedies for consumers who are damaged by a company's “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Defendants who are found to have violated the statute may be held liable for the plaintiff's actual damages, plus reasonable ...
To file suit, you must fill out a Statement of Claim and Notice form. Get this from the Small Claims Clerk in your district. Your claim may be filed in person or by mail. However, when the papers are sent by mail to the clerk, the action is not commenced until the papers are actually received.
Massachusetts has a statute that specifically enables the Attorney General and consumers to take legal action against unfair or deceptive conduct in the marketplace, called Massachusetts Consumer Protection law, Massachusetts General Laws Chapter 93A.
Unfair or deceptive practices by a business can be a violation of the Massachusetts Consumer Protection Act. State law requires you to send the business a letter 30 days before filing a claim in court. The letter must outline your complaint, the harm you suffered, and how you want the problem resolved.
