YouTube and Facebook have become very popular places in which to promote products and services. People involved with physical activities such as fitness and martial arts often amass a huge number of followers—and many group and private training customers—through producing effective videos. Unfortunately, publicity also attracts detractors. Anyone publishing content online does have to accept criticism, and should not fret over mild, harmless critiques. Malicious, disparaging, and false commentary, however, goes far beyond acceptable levels of criticism and may require the sending of a cease and desist letter. Doing so may help assist in cutting down the potential for injury to a reputation and the subsequent financial losses likely to result.
Leveraging with the Letter
A competing professional or jealous gadfly in the fitness world could cross a line when commenting and end up treading into defamation of character territory. Defamation of character suits can be costly and difficult to win due to the requirement of proving harm. The mere sending of a cease and desist letter could stop all the disparagement. No one wants to get dragged into a lawsuit. Worries over the financial losses associated with legal matters may be more than enough to lead others to curtail behavior.
Proof of Loss of Income
Sending out a terse letter won't likely have much effect. The letter should contain certain elements in order to be impacting. In order to prove actionable defamation, there has to be a display of money lost due to what the person has said or written. This is what makes winning a suit difficult. Even when "merely" sending a letter, the letter should invoke some claim of money being lost in order to carry serious weight. Otherwise, the letter is an empty threat. Thankfully "loudmouthed critics" do like to gloat when they harm the object of their venom. A critic may allow a rival's former clients to comment on a social media page. The former client -- knowingly or unknowingly -- may confirm the critic's falsehoods contributed to the decision to cease patronizing a studio or gym. Documenting and referencing such contents in a cease and desist probably would create a strong and serious impression on the recipient.
Sending a Professional Letter
Poorly composed or confusing cease and desist letters may end up being tossed into a waste basket. Asking a personal injury lawyer, like one from Knochel Law Offices PC, to draft a professional cease and desist letter is advisable. Consulting with an attorney about whether or not the right time has arrived to send the cease and desist letter is also important. The attorney may also provide a recommendation about whether or not moving forward with a defamation suit is advisable.
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