How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 5513
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

I have a question about consumer law Assistant: What state

This answer was rated:

I have a question about consumer law
Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: I have a customer threatening me with legal action and no one else is helping at the moment
Assistant: What steps have you taken so far?
Customer: Just a reply to an email saying i will respond in due time to said customer
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: The case would be regarding break data protection act

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

What are they alleging and asking for? Do you need to notify your insurers?

Customer: replied 1 month ago.
Hello jim, its abit of a long winded story...So basically we had a customer who made an order and the delivery comoany failed to get it there etc whoch ment it was delayed, after all that the customer was bombarding us with messages on our business page and our personal facebook accounts etc
We responded by giving her a refund after she tryed to blackmail us for a refund and her order still.Anyway moving on to the problem at hand, within our business we have people who advertise for us if you would and they are not employed by us just social media advertisers if you would.
We have a group chat for everyone, and this customer runs a group on facebook that is also our target audience.
Our group didnt know about the customer or the issues at this point.
They were putting up posts on social media on this specific group and the owner of the group (the customer) was removing them straight away.
The promoters got abit annoyed at this and were expressing this in the geoup chat, saying this girls name. Lets say abi is the name
So i responded with who? Ive had a right nightmare customer with the name abi,
Customer actual full name is ***** *****
The promoters said abi with the micra (type of car)
To which i said ohh that might be the reason then best leave it aloneNow this customer had a very close friend within this group chat who has sent these perticular messages to her and she is now threatening to and i quote
"take further action for you breaking the law unless you can make it worth my while not too"Do i have a leg to stand on off what i have told you?

Thanks, ***** ***** her a refund which is her legal remedy in all of this (nothing more).

She is clearly blackmailing you and your business and threatening to make defamatory and damaging comments on social media. Anything she says which is untrue can be libellous - you could sue if it means a drop in trade for your business. At the extreme end of the dispute you could apply for an injunction against her to stop her from doing any more damage.

The norm is to send her a cease and desist message (and an undertaking to remove any defamatory comments/to refrain from making any more defamatory comments, and if you have actually incurred a loss, to ask for her proposals for compensation).

You could go as far as reporting her to the Police for blackmail (on the 101 number).

Does all the above make sense?

Customer: replied 1 month ago.
this makes total sense and was what i though in all fairness...
So its fair to say by me as the company director simply just stating that she is a customer and using part of her first name isnt a breach of data protection?

Not at all, you can use part of her name and it is not a breach of the new data protection law (GDPR) - you also have a defence to retain her details in case you need to involve the court in any of this.

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

JimLawyer and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Jim you sir are a saint :) thankyou soo much for time!!

Pleasure, re the cease and desist letter - you can download one at http://www.lawdepot.co.uk but to be fair all you need to do is identify your email or letter as a "cease and desist" communication, that you will take legal action unless she stops defaming your business, that she has been reimbursed and that you have not breached GDPR (you have not used her full name), and she has not requested erasure of her details either.

Have a good evening.