I Received A Cease & Desist After Leaving A Review/video After A Company Owner Called Me And Said The N Word
ETA: for all those who say this sounds unprofessional, I googled the law office. The lawyer who signed this letter states in his bio he's defended members of the Aryan brotherhood. Holy shit. Also states he's represented collegiate athletes charged with murder, and high profile citizens charged with child p***.
To preface, last Friday my husband left a comment voicing distaste for Donald Trump under the president's official facebook page. Someone responded to him calling him names, my husband never engages and left it at that. I received a call from that man later that night just after 11 pm I let go to voicemail, as my work line in forwarded to my personal cell. A man along with his friend proceed to say "that comment was gay, you need to fire that answering chick, and n*gger you need to wake up and smell the coffee." They both stated their names (one being the owner of the business), and called from their work line; the caller ID even reflected as much. I left a review stating what happened under the company page, and made a video on tiktok. The business owner called a total of 3 more times between the 24-27th, I continued to let it go to voicemail because I refuse to talk to this person. In the 2nd voicemail he stated "haha, got me man. Long time no see." Today, a week later I receive a cease and desist demanding I remove the review and video since I called him racist. The lawyer states the call was made "erroneously and accidentally" as he claims they meant to call an old friend, which is a complete lie since he directly responded to my husbands facebook comment with displeasure. They plan to sue me for $5 million dollars if I don't remove the video and review. This seems not only ridiculous, but illegal. My review and video are accurate, he called me to and use racial and homophobic slurs. Should I ignore it, are these empty threats to scare and intimidate me? Should I get a lawyer?
In the letter the lawyer refers to my actions as "woke virtue signaling," claim my statements are false and that I am damaging his character and defaming him. "Your statements are not only false but are intended to damage the reputation of my client and his company. Under Texas law, your conduct is actionable under multiple legal theories, including defamation, business disparagement, tortious interference with business relations, Invasion of Privacy, and Intentional Infliction of Emotional Distress. Further, I find it deeply disturbing that you, upon receipt of a clearly mistaken voicemail, chose to voice your "displeasure" with Mr. Swayze by seeking him out, stalking his company, and then slandering him online to your 979 followers on Instagram - rather than just blocking his number. Woke virtue signaling at the expense of my clients' reputation and business will not be tolerated. Please be assured that this law firm will pursue you with tenacious vigor if our demands are not met. The courts will find your actions to be disgusting and pathetic. I have advised my client to bring suit against you immediately; however, Mr. Swayze has instructed me to send out this one and only warning. If I am forced to bring suit against you, my law firm will sue you personally, conduct discovery, depose you, and try this case before a jury in (redacted) County, Texas. We will seek injunctive relief against you. We will seek damages in excess of $5,000,000 against you. I have no doubt we will prevail in our suit, and we will collect on my clients' damages. We will find every dollar which you have and take it from you until that judgment is satisfied. We will never rest until every penny is paid to my clients out of your pocket.
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