- The Facts: What is ScamExposure.com?
- Can I Hold ScamExposure.com Liable For Defamatory Online Posts?
- What is Business & Commercial Disparagement?
- Popular Consequences of Online Defamation on Your Business
- Work With the Defamation Removal Lawyers of Minc Law Today to Permanently Remove Online Defamation from ScamExposure
The Facts: What is ScamExposure.com?
ScamExposure.com – also known as “Scam Informer” is a malicious website where online trolls and posters pose a serious threat to the reputation and livelihood of your business. ScamExposure.com bills itself as a business review and watchdog website, falling under the category of consumer advocacy, with the mission of “keeping consumers informed.”
But, what happens when the website and medium that is meant to be protecting consumers becomes a safe harbor for malicious and baseless online attacks?
It evolves into chaos, and has led to many businesses and sole proprietors having to close their doors for good.
Although consumer advocacy websites started with a transparent and noble purpose in mind – to keep consumers safe and educated – the anonymity and loosened safeguards of the Internet has allowed them to spiral out of control. Typically, ScamExposure organizes posts chronologically, rather than topically, so if you are the new item on the block that’s being discussed – watch out, it could have severe repercussions for you and your business.
ScamExposure’s chronological posts allow it to maintain an active newsfeed of alleged scams, updating frequently with new user posts and reports. And, it’s as simple as typing the name of the business or sole proprietor and entering the captcha. Because of ScamExposure’s lax requirements, the site avails you and your business to:
- False reviews & posts,
- Posting of personal & sensitive information, & worst of all
- Defamatory posts & malicious accusations.
It’s time to put an end to the online abuse and act now, as ScamExposure poses a serious threat to the future of your business and bottom-line.
Online Defamation Law Fact: Persons who publish defamatory statements and communicate them to others are commonly referred to as defamers, libelers, slanderers, and – the rarely used term of – famacide.
Don’t let a bad review destroy your business’s integrity!
If you’ve been the victim of online libel or other defamation on ScamExposure.com or other popular scam reporting websites, it’s time to put an end to it and hold the responsible malicious poster liable.
The defamation removal lawyers of Minc Law are here to protect your reputation. At Minc Law, defamation attorney Aaron Minc and his team of experienced defamation removal lawyers have secured hundreds of online defamation removals and all for a flat reasonable fee.
Aaron and his team have litigated in over 19 states and 3 countries, and boast a nearly 100% removal rate.
Let us fight for your reputation.
Can I Hold ScamExposure.com Liable For Defamatory Online Posts?
Unfortunately, you can’t hold ScamExposure liable for online defamation and false posts – unless an extremely narrow legal exception applies – and it’s likely that such exception does not apply.
ScamExposure benefits from near-blanket immunity under a landmark and controversial piece of Internet legislation – The Communications Decency Act of 1996 (CDA). Section 230 of the Communications Decency Act specifically limits liability for internet service providers (ISPs) and websites in cases where third-parties contribute and post content. Think about such popular forums as AOL, Yahoo, Google, and even Yelp. If users contribute the crux of the content and its not independently created or edited by the website, then you will likely have to look elsewhere to hold someone liable. Just as you cannot hold Google liable for fake Google reviews, you cannot hold ScamExposure liable for fake posts, reviews, and comments.
Specifically, Section 230 of the CDA reads:
“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”
So, who can you hold liable?
When seeking to hold a party liable for online defamation and malicious attacks, going after the original poster of that information is the most effective way to ensure legal recourse. Unlike websites and ISPs, individual users do not enjoy immunity under the CDA, and can be held accountable for their malicious posts.
However, it can sometimes be difficult locating them, therefore it’s important to reach out to an experienced defamation removal attorney to learn of your options. Working with an experienced defamation lawyer will help you identify whether you need to subpoena the offending party, submit a direct request to the website itself, or take other legal action to uncover their location and identity.
Reputation & Brand Monitoring Tip: Setting aside a budget for your business to monitor your brand and reputation online is an important step for combatting online defamation. Not only does monitoring your online reputation allow you to see how the community and your customers view your business, it allows you to target intellectual property infringers who have copied your product.
What is Business & Commercial Disparagement?
ScamExposure.com primarily targets businesses, which opens defamed parties up to potentially another claim – one for commercial and business disparagement.
From here on out, we will be using the term ‘commercial disparagement’ to describe both business and commercial disparagement.
First, let’s take a look at exactly what commercial disparagement is. Commercial disparagement is defined as the publication of a false and derogatory statement or information about a person’s business, title to property, or anything else published with the purpose of discouraging patrons or customers from dealing with such business or individual.
The tort of commercial disparagement may also commonly be referred to as:
- Trade libel,
- Unfair competition,
- Interference with prospective business advantage, &
- Slander of goods.
Regardless of the particular nomer, a plaintiff will have an actionable commercial disparagement claim when there is an oral or written publication which contains the following four fundamental elements:
- A false statement:
- The statement or publication is intended to cause financial loss and its reasonably believable that such statement will result in financial loss for the business,
- Financial loss does in fact occur,
- The publisher or speaker of the statement acts with actual malice – the knowledge that the statement is false, or the statement is made with reckless disregard for its falsity or truth.
Some common examples of the tort business and commercial disparagement are when customers or disgruntled reviewers label a business as:
- Incompetent, &
Keep in mind that the tort of commercial disparagement is distinct from a defamation claim – as it primarily deals with the financial loss of a business or company, while a defamatory statement primarily focuses on the impact of a statement on a person’s reputation.
Additionally, commercial disparagement is a claim exclusive to businesses, and cannot be filed by just your average person – its purpose is to protect businesses, their financial rights, and their property.
Defamation Removal Tip: The United States is generally considered a pro-defendant jurisdiction when it comes to defamation claims – after all, U.S. courts have generally been strict advocates of the Constitution’s First Amendment – while European and other Commonwealth countries are generally considered to be pro-plaintiff. Due to such, there have been popular cases of defamation plaintiff’s “forum shopping,” where they bring litigation in the most favorable jurisdiction for their defamation claim.
If you or your business has been listed or posted about on ScamExposure.com, it’s time to remove it and restore your business’s reputation. If you need help determining whether the claim is actionable under defamation law or the tort of commercial disparagement, defamation attorney Aaron Minc and his team of defamation removal attorneys will assist you in exploring your options.
Reach out to the Ohio-based defamation attorneys of Minc Law today to schedule a free, initial no-obligation consultation.
The online abuse stops now!
Popular Consequences of Online Defamation on Your Business
Online defamation and malicious attacks on ScamExposure.com – and other scam reporting websites – can have serious consequences for you and your business – the most extreme of which, closing your doors for good.
Below is a list of just a handful of the consequences that can occur after being unjustly libeled and defamed on the internet.
|Diminished bottom-line||Being defamed online can have a substantial impact on your overall bottom-line, resulting in lower KPIs and ultimately, revenue.|
|Loss of existing & future partnerships||Consultants, contractors, and other professionals and businesses may opt to cut ties completely with you due to the negative implications it may have on their business.|
|Loss of existing & future customers||Loyal customers may feel your business’s values don’t align with theirs and start frequenting the business across the street - your biggest competitor.|
|Bad press||Negative press could leave you high and dry, left with no one calling you up for business or dining at your restaurant. One bad review is sometimes all it takes to completely put you out of business for good.|
|Revocation of funding, sponsorships, or advertising||Look no further than Tiger Woods, businesses and brands may withdraw funding, sponsorships, and advertising in favor of a cleaner and more appropriate image.|
|Community scrutiny, criticism, & boycott||Levels of criticism and ostracization could rise to such an extreme that you are not only forced to close your business, but having people protesting, causing you to ultimately move.|
|Closing your doors for good||Ultimately, any one of the above factors could leave you in a tough position, unable to make ends meet at the end of the month, resulting in having to close for good.|
It goes without saying, online defamation is like a wildfire – the longer you let it sit and spread, the more damage it’s going to do. It’s time to put an end to the online abuse and disparaging comments today.
Defamation Removal Fact: Online defamation is like a wildfire – the longer you let it sit and spread, the more damage it’s going to do. It’s important to cut it off before it has time to embed itself in the Internet and its search results. To prevent online defamation from spreading, we suggest setting up a Google Alerts account, doing so will alert you anytime your name has been mentioned online (good and bad).
Work With the Defamation Removal Lawyers of Minc Law Today to Permanently Remove Online Defamation from ScamExposure
If you or your business has been posted about on ScamExposure.com or any other popular scam reporting website, and you want it removed immediately, call or email the Internet defamation lawyers of Minc Law now!
At Minc Law, Ohio SuperLawyer Aaron Minc and his team of defamation lawyers will leave no stone unturned, and use all available tactics to remove defamatory information from the Internet, including:
- Confronting malicious posters,
- Working with or negotiating with website administrators & content managers, &
- Reaching out to third-party arbitration services.
And, if necessary, we know how and will seek a court-ordered removal.
At Minc Law, we will do all we can to remove any internet defamation affecting you and your business, and will even work with Google and other search engines to remove any links to negative or defamatory content.
Defamation Law Fact: Defamation of character may also be referred to as vilification, calumny, character assassination, and traducement.
Call us today in order to discuss your options and take the first step towards securing a swift and permanent removal from ScamExposure.com and other malicious online sites.
What can you expect when working with the defamation removal attorneys of Minc Law?
- Websites Respond to Minc Law: We know who to contact and how to contact them. We will work swiftly to get the results you desire.
- You Will Be Treated with Courtesy and Respect: Our goals are your goals. Your consultation is confidential and free, and we are always on your side.
- We Will Work With You: We will stay in constant contact with you concerning the details of your case via phone, text, email, or whatever is most convenient for you.