Originally Posted by jason_kraft
Originally Posted by Oaker
This person has slandered you and opened himself up to a Defamation of Character lawsuit. If it were me, I would pursue it without delay.
While I agree that this person posted in poor taste, it sounds more like their opinion and from what I read no incorrect facts were stated in clearly non-general terms, so winning a defamation suit might be tough given that benefit of the doubt is given to the first amendment.
You would also need to find out the identity of the poster, which would itself be difficult and expensive.
This quote taken from the original post is a direct accusation on the part of the perpetrator.
It is not written as an opinion.
These licenses are in place to protect the public from eating the dog or cat hair floating in the air in your trailer, attaching themselves to the icing on the cakes you are selling to the public.
It's nothing to me if you eat the cat and dog hair on your cakes but it's a lot to anyone who might actually buy a cake from you.
In addition, you violated CL TOU, in trying to sell unpackaged foods, and posting a link.
As far as locating anyone on the Web...nothing is private anymore.
There are attorney's who specialize in this type of claim.
Here is a good place to start.
I believe they offer a free consultation to see whether a case should be pursued or not.
In order to bring a cause of action for defamation, a plaintiff must establish that the defendant:
Published a statement about the plaintiff that was defamatory while acting with either actual intent or reckless disregard, i.e. malice (if the plaintiff was a public official or public figure) or negligence (if the plaintiff was a private individual) regarding the truth of the statement