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I received a cease & desist letter from a woman over a comment on social media. She’s asking that I retract these “aforementioned” comments via the same method as posted within 5 days of receipt of letter (9/26).

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I know this woman’s boyfriend from working next door to him several ago. That’s where this whole story starts. 
I don’t “do” Social Media. No Facebook, I have an old Instagram acct I just scroll through for the meme’s, but, if I can remember correctly, that’s where she really attacked me. 
I’m on medical disability and have serious trouble with short term memory loss from a side effect of a medication I was given, so a lot of this I just don’t remember, plus, I’m the kind of person that if you don’t like a comment, you just keep scrolling, this woman doesn’t. She has a history of attacking strangers who comment on her boyfriends page and think everyone wants him. Believe me, no one wants him. 
There was one particular argument between the two of us and she was texting so fast I just sent random letters back. 
The woman is completely unhinged! 
when someone attacks me, I block, delete the account, whatever I have to do to stop it so I don’t have any copies of what was said, but it got really nasty. She threatened to send porn to my 15 year old daughter. 
Anyway, she wants me make retractions on accounts that don’t exist anymore, or that are blocked. By threatening me by saying she’s going to send porn videos to my daughter, I absolutely refuse to unblock any account and I believe it’s just the LinkedIn account she’s worried about. She’s an RN working Freelance and I have a elderly father that routinely hires RN’s working freelance and I would be MORTIFIED if this MONSTER showed up to take care of my father and I thought she had. I showed her picture to my ailing father & he sat straight up & said “That’s her! That’s the woman that tried to kill me”. I was shocked! So, I added it to my post on LinkedIn. My post wasn’t even up 24 hours. I showed the picture to my dad again and another nurse that was helping the next day. Neither of them recognized her. So, I immediately took down my posts within 48 hours, Blocked her. And that was that, or so I thought. There are NO MORE COMMENTS ABOUT HER FROM ME OUT THERE. If there are, I cannot access them. 
Furthermore, if they do decide to take legal action, I do as well. For the boyfriend, this woman who sent the cease & desist, and her son. For invasion of privacy and criminal offence of voyeurism and sexual assault against me! I will go to the police station today to file a complaint. 

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Legal Solution

The response provided below is specific to civil litigation & trial law attorneys in the jurisdiction of Alabama. If the response is inadequate, please submit a detailed inquiry.

Responding to a Cease & Desist: A Multi-Faceted Approach

Considering the diverse range of issues and allegations presented in your narrative, it's essential to address them systematically, while also ensuring that your legal rights are safeguarded.

Relevant Legal Provisions in Alabama

  • Alabama Defamation Laws: Address false statements made that can harm the reputation of another individual.
  • Alabama Digital Crime Act: Concerns crimes committed using electronic means.
  • Alabama Civil Harassment Laws: Governing issues of threats, stalking, and other forms of harassment.
  • Alabama Privacy Laws: Concerning the invasion of one's private affairs or public disclosure of private facts.

You may refer to the State of Alabama Official Website for more information on these laws.

Potential Solutions

  1. Consult with an Attorney: Given the severity of the allegations and the potential legal repercussions, it's crucial to consult with a legal professional. You can find the right lawyer in your area who specializes in defamation, privacy rights, and digital crimes to guide you.

  2. Preserve All Evidence: Ensure you save any evidence of interactions, threats, or other communications between you and the other parties involved. This includes text messages, emails, and any other forms of correspondence.

  3. Cease & Desist Letter: You could also send a cease and desist letter in response, especially regarding the threats made against you and your family. This letter can also demand that they cease any false statements or threats against you.

  4. Report to Authorities: Since there are allegations of criminal conduct, you should consider reporting these incidents to your local police department. This is especially pertinent given the threats of sending inappropriate content to a minor.

Pricing Analysis for Legal Services in Alabama

Service Average Cost
Initial consultation with an attorney $150 - $350
Drafting a cease and desist response $300 - $800
Legal representation in court $1,500 - $5,000
Reporting and pursuing criminal charges $500 - $2,000

Note: Prices vary based on the attorney's experience, the complexity of the case, and the specific location within Alabama. It's essential to obtain a detailed quote and understand all potential expenses before committing.

Seeking Further Clarifications

While you have provided an in-depth overview of your situation, there are still aspects that need further clarification. This will ensure a better understanding and an effective response to your issue.

Take action: Before making any decisions, always consult with a professional to compare lawyers in your area and ensure the best outcome for your situation.

Questions to Consider

  • Have you sought legal advice from an attorney concerning this issue?
  • Can you provide specific details of the alleged defamatory statement that you made?
  • Do you have any evidence of the threats made against you or your family?
  • Were there any witnesses to the interactions or events you described?
  • Have you had any prior legal disputes or interactions with these individuals before this incident?

Frequently Asked Questions

  1. What constitutes defamation in Alabama?

    • In Alabama, defamation occurs when someone makes a false statement about another person, which then harms that person's reputation. There are two types of defamation: slander (spoken) and libel (written).
  2. How does one prove a privacy invasion in Alabama?

    • You would generally need to demonstrate that someone intruded into your private affairs without consent, and this intrusion would be offensive to a reasonable person.
  3. What's the difference between a cease & desist letter and a formal lawsuit?

    • A cease & desist letter is a formal request to stop a particular action, often sent before any legal action is taken. In contrast, a lawsuit is a formal claim filed in a court of law.
  4. Can I report online harassment or threats to the police?

    • Yes, if you believe that you or someone you know is in danger or has been a victim of a crime, it's essential to report it to the police.
  5. What are the potential outcomes if someone ignores a cease & desist letter?

    • Ignoring such a letter can lead to further legal action, including a lawsuit. However, not all cease & desist letters result in legal action, and it's essential to consult with an attorney to understand the best course of action.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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"I received a cease & desist letter from a woman over a comment on social media. She’s asking that I retract these “aforementioned” comments via the same method as posted within 5 days of receipt of letter (9/26)."

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