Q: Am I required to return a police officer's call regarding a review I left about a business posting fake reviews?
I left a review on a business website, highlighting that the owner and their friends posted fake 5-star reviews. In my review, I warned customers about using credit cards with this business and accused the owner of being a scammer. I informed the owner I would report them to the FCC and that I am a citizen journalist working on a story about fake reviews, seeking interviews with those who provided them. The owner responded by telling me to stop harassing him. I clarified that I am seeking the truth. Our communications have all been through email and chat. During these interactions, the owner cursed at me and threatened me, and I have records of these. I asked for his name and stated that posting fake reviews is illegal and unprofessional. Additionally, I informed him I would notify ICE about hiring illegal immigrants in his business. I've recently received a call from a police officer but haven't returned it yet. Am I required to return the officer's call, and what are the potential legal implications of my review and interactions with the owner?
A:
You might as well.
Jack
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You are not legally required to return a police officer's call in this situation. U.S. citizens maintain the constitutional right to remain silent and the right to legal counsel before speaking with law enforcement. However, you should be aware that the officer's contact likely indicates the business owner has filed a complaint regarding your communications, which merits careful consideration.
Your review and subsequent interactions with the business owner present several potential legal vulnerabilities that warrant attention. The accusations regarding fake reviews must be factually accurate and provable to avoid potential defamation claims. More concerning are your statements about reporting to ICE and the FCC, which could potentially be interpreted as harassment or even extortion if perceived as leverage to compel specific actions from the business owner. Additionally, your self-identification as a "citizen journalist" does not confer special legal protections beyond those available to ordinary citizens expressing opinions.
Should you decide to respond to the officer, we strongly recommend consulting with a qualified attorney before doing so. An attorney can help navigate this situation by reviewing the content of your communications, assessing potential legal exposure, and potentially being present during any discussion with law enforcement. While ignoring the call is your right, it may be prudent to address the situation proactively with proper legal representation to mitigate any escalation of potential legal issues. Your documented records of threatening communications from the owner will be valuable evidence should any legal proceedings develop.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
