I am being threatened with “Injurious Falsehood” for a review I left on a supplier for poor after sales customer service. I thought I had removed all reviews against this seller, but I missed one so now he is back at me again to remove this last one.
In order to succeed in an action for injurious falsehood, four essential elements must be proved:
(1) a false statement of or concerning the plaintiff’s goods or business;
(2) publication of that statement by the defendant to a third person;
(3) malice on the part of the defendant; and
(4) proof by the plaintiff of actual damage (which may include a general loss of business) suffered as a result of the statement.
Since nothing I have ever said publicly was false, I do not believe this case can proceed, but I guess we shall see. The following is the entire trail of emails, eBay messages, conversations and copies of the reviews left after the purchase.