My stomach drops as I click to open it.
???
[@Livinginaworldof50shadesofgrey]
Re: Cease and Desist - Defamatory Statements
Dear Owner of the Social Media Brand @Livinginaworldof50shadesofgrey,
Our firm represents [Madison and Matt [Last name protected]: @LivingLikeanInfluencer] (“Client”), a well-known lifestyle brand and influencer.
It has come to our attention that you have made defamatory statements about our Client in a video posted on your social media page dated [September 30th, October 5th, and October 7th]. Specifically, you made the following statements:
[“Reality is not usually so black and white. The best path usually lies somewhere in the grey. Do what’s best for you and your family. Don’t feel pressured to purchase the latest fad just because an influencer is pushing it. They’re likely receiving some sort of compensation for that promotion and may not even use the product their selves.”]
[“There’s nothing wrong with the mattress you’re sleeping on if it fits your family’s budget and lifestyle. Please don’t feel guilt or shame for purchasing what you can afford or living with what you already have.”]
[“Remember, folks, the best thing for you may not look like the best thing for me.”]
These statements are defamatory and have caused significant harm to our Client’s reputation, personal life, and professional endeavors directly impacting their income.
Your actions constitute defamation under New York state law, and they are legally actionable.
Demand
In light of the above, we demand that you immediately do the following:
Cease and desist from making any further defamatory statements about our Client.
Remove the videos mentioned above and any other social media posts containing the defamatory statements.
Issue a public retraction and apology through the same platform(s) on which the defamatory statements were made, within seven days from the date of this letter.
Confirm in writing that you will comply with these demands.
Consequences of Non-Compliance
If you do not comply with the demands set forth in this letter, we will have no choice but to pursue all legal remedies available to our Client, including filing a lawsuit against you for defamation.
Such legal action may result in a court order requiring you to pay substantial monetary damages, as well as our Client’s legal fees and court costs.
Sincerely,
[The Law Offices of Prescott & Associates]
???
My mouth drops open as I read through the email again.
Are they serious? Adefamationlawsuit?
And the absolute gall of them to assert thatifI were to lose the case I’d have to pay for their costs. I’d never lose this case. Thereisno case. I’ve never directly addressed Madison or Matt, and I certainly haven’t attacked them personally.
I scoff. There’s no way that they make a case that this aimed at them. Since creating my account, I’ve seen thousands of others just like them that tackle these difficult topics. I could be talking about any influencer.
This won’t hold up in court. At least, I don’t think it will. I’m not a lawyer but I know one who is, and he’ll know what to do.
I forward the email to Leo then immediately call him. He picks up on the first ring.
