Q: Can a company come after me legally for negative social media or internet posts?

I was involved in an influencer and wholesale arrangement with a company.

The "influencer" portion was to advertise for their company on your social media platforms.

When a person purchases through your unique link, their influencer dashboard lists it as a "conversion" and you get a commission based on their purchase amount. From 3/23-3/31 I had 42 conversations/commission totally nearly $500.

Over a three week period I made three inquiries about commssion payouts and was given the runaround. On 4/28 I received an email stating that I was receiving no commissions. The next day I received an email saying my replacement order was being canceled and refunded. Why I asked when I received a cease and desist letter.

The letter said they would take legal action if I made negative comments online and that they would be using a company to monitor my social media posts. Is this legal?

1 Lawyer Answer
Jason Kelly Smith
Jason Kelly Smith
  • Irvine, CA
  • Licensed in California

A: Yes and No. Anyone can threaten to file or file a lawsuit. That does not mean the lawsuit has merit. There is a balance between free speech and false statements that is at the heart of these online review cases. If you are truthful and accurate in your statements they would have a hard case, but that doesn’t mean they won’t file anyway and make you spend time and money.

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