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Q: Can a market research firm be sued for defamation? ( No Answer,   1 Comment )
Question  
Subject: Can a market research firm be sued for defamation?
Category: Relationships and Society > Law
Asked by: cclegg06-ga
List Price: $15.00
Posted: 09 Jan 2003 13:17 PST
Expires: 08 Feb 2003 13:17 PST
Question ID: 140032
Can a market research firm be sued for defamation?

We provide market research reports for sale to the general public. 
This research is based on consumer research regarding their attitudes
and reported experiences with different US companies.  We profile
these companies based on these survey responses and sell the findings
through our reports.

When we tackle a particular market, we profile strong and weak
companies.  Can we be sued for defamation if we publish a report that
states a particular company is not as good as another?

How far can we go in describing a poor performer before “crossing a
line”?

Are there key words or phrases we should avoid to minimize our
exposure to risk?

Please provide your opinion as well as legal references that back up
that opinion.  We’re seeking an opinion concerning best practices
based backed up by legal precedence.

In addition, we seek any internet references where this topic is
discussed specifically in the area of Market Research and concerning
market research companies.

Thank you.

Request for Question Clarification by justaskscott-ga on 09 Jan 2003 13:24 PST
In what country and state is the market research firm located?  The
law may differ from state to state, and plaintiffs in other states
might try to sue in the state with the most favorable defamation law
to them.  But I presume that you are interested in an answer for your
state.  (Please note, as stated in the disclaimer at the bottom of
this page, that answers and comments on Google Answers are general
information, and are not substitutes for professional legal advice.)

Clarification of Question by cclegg06-ga on 09 Jan 2003 13:52 PST
Thank you for your question.

We have a presence in the state of Maine, Virginia, and Maryland.  We
are registered for business in the state of Virginia and our website
"Terms of Use" state that all issues will be governed by the laws of
the State of Virginia.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Can a market research firm be sued for defamation?
From: funkywizard-ga on 16 Jan 2003 04:06 PST
 
If your goal is to win a lawsuit, that is a different story than being
sued. Many large companies will sue smaller companies/individuals,
even if their base is baseless, or they know they will lose, simply
because the cost of the lawsuit is an inconvienience to the smaller
entity. In that regard, if your reports sufficiently bother a larger
company, you may need to be prepared for the possibility of a lawsuit,
regardless of wether or not you should expect to win said lawsuit.

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