Does Negative Tweet Warrant $50,000 Lawsuit?

According to a report from Mashable, a Chicago-based apartment management company has filed  a $50,000 lawsuit against a tenant for complaining about the company on Twitter. While the complaint was relatively minor — “Who said sleeping in a moldy apartment was bad for you? Horizon realty thinks it’s okay.” — and was only sent out to approximately 20 followers, it was enough to warrant this response from Horizon Realty spokesperson Jeffrey Michael.

“The statements are obviously false, and it’s our intention to prove that”, adding that Horizon has a good reputation to protect. Bonnen wasn’t contacted before the suit was filed or asked to remove the Tweet, he said: “We’re a sue first, ask questions later kind of an organization”.

Here at ReputationDefender, we pride ourselves on helping individuals and companies defend themselves from slander and libel online. Unfortunately, slander and libel can be very subjective terms. In a traditional legal sense, they are understood in a very specific context. There are legal precedents to abide by and reams of case law to reference. With the mass adoption of Internet technology, however, our understanding of defamation law has changed.

If an individual is critical of a business online, is that libel? If the criticism is patently false, the answer is likely to be yes. Does it matter how inflammatory the criticism is? If it’s truthful, maybe not. Right now, judges and legislators across the country are sorting out these issues, but it will still be some time before any kind of consensus can be reached. In the meanwhile, it is critical for individuals and businesses to take a proactive stance in managing their reputations online.

In the above situation, there are two important takeaways to remember. If you have a problem with a company, try and contact them directly first. Remember to be respectful, honest, and have facts to back up your claims. If you feel you must take your complaints online, understand that there may be consequences. While a $50,000 law suit seems grossly disproportionate to the “damage” caused by the tweet, there is no guarantee that a judge will feel the same way, and it would be a shame to go bankrupt over an offhanded remark on Twitter.

Similarly, if you are managing a business, do everything in your power to assuage a customer’s complaint before turning to your attorneys. Because of this lawsuit, and the “sue  first ask questions later” attitude of the company, Horizon Realty is only gaining more negative publicity. What could have been a small reputation management problem has become a big reputation management problem because the company was quick to play the victim card instead of investigating the legitimacy of a tenant’s complaints. As of the writing of this blog post, Mashable’s article has been retweeted 1648 times.