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Legally Speaking
1 Sep, 2008 By: Kenneth D. Morris Landscape ManagementQ. A competitor is claiming I falsified information about my experience on an advertisement. How can I substantiate the claims I use in my advertisements?
A. Does the competitor specify what it is about your advertisement that may be false or misleading? If it relates to work or projects you have performed, you can anticipate such claims and try to establish extra credibility by having testimonials from previous customers posted on your Web site. Testimonials from third parties are an excellent way to establish your own credentials when they are provided by customers who have actually used your services and who are willing to provide statements without compensation.
If the competitor is claiming there are factual inaccuracies in your ad — such as how long you have been in business, the size of your business or the types of services you perform, for example — you might consider a letter to the competitor providing further information. It is one thing for a competitor to write directly to you claiming your advertisement is false, but if the competitor publishes (in the legal sense) his opinion of your ad or tells third parties your advertisement is false, then you may have a claim for slander, libel or disparagement.
The competitor's claims may raise questions with current or future customers, and your business may be seriously harmed if such claims are false and continue unchecked. Your reputation may be damaged. In that case, you need to consider whether to retain an attorney to represent you.
Kenneth D. Morris, a Philadelphia-based attorney with more than 30 years corporate and law firm experience, offers information on industry legal issues in each issue of LM. Contact him via www.kenmorrislaw.com.
Note:
The above should not be interpreted as offering legal advice in any jurisdiction where such practice is not authorized. Engage competent counsel familiar with your jurisdiction when legal issues arise.
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