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  #101  
Old 30.10.2015, 11:01
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Re: Threaten by company on legal action against posting on EF my bad experience with

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I also was under the impression that the Unfair Competition law, as the name suggests, was aimed at unfair competitive practices between companies. I have since discovered that this law can be used as the basis for a legal case against a private individual rather than a commercial legal entity, even when that individual is not actually selling any products of services.

Censorship (Swiss Constitution Art. 17.2) and gagging orders (Swiss Constitution Art. 16) are also popular and effective manipulation tools. Private individuals often have less resources available to enter into protracted and expensive court battles. If the information and documented evidence one has is sufficiently damaging to an organisation, there are ways and means to ensure that this information and documented evidence is not available to the public.
OK, I get that - but which bits would actually be relevant?

Most of the document is about misrepresentation of goods, mispricing, omitting essential details and failure to deliver. None of that could be held against a forum post.

"There are ways and means" could well be true, but the document you provided doesn't seem to be it.

Also, there's a big difference between a gagging order or take-down notice, which most likely has no cost to the poster if you just shrug and comply. If they asked for damages that would be different, but the burden of proof would be much higher as well.

So if you post something that isn't bad enough to clearly warrent damages, and aren't looking to pick a long term fight if they just ask for it to be taken down, do we really need to be this paranoid?
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  #102  
Old 30.10.2015, 11:18
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Re: Threaten by company on legal action against posting on EF my bad experience with

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In Switzerland, be careful when posting company reviews or warnings to others to avoid the services and products of a specific company.

Regardless of your experience and any of the countless documents, photos or other artefacts you may have which you have to support/prove/validate your experience, you must avoid any "Value Judgements".
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Hi Folks!

I' having also problems with the same company! They made an offer, I accepted. Afterwords they claim, that a offer was not "definitive" and wanted 300.- Fr more..
Now, they won't clean my apartment and I have to organize the cleaning in 2 days...

Prepearing everything to take legal action against them. If anyone has some information or just the "desire" to share any infomation, which could help people not being fooled by such companies
What on earth is wrong with what BRT wrote?

He's stated facts as he's seen them. He hasn't told people that the company are bad or told them not to go there or called them dishonest or anything else.

The Swiss authorities aren't the Stasi.
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  #103  
Old 30.10.2015, 11:44
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Re: Threaten by company on legal action against posting on EF my bad experience with

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OK, I get that - but which bits would actually be relevant?

Most of the document is about misrepresentation of goods, mispricing, omitting essential details and failure to deliver. None of that could be held against a forum post.

"There are ways and means" could well be true, but the document you provided doesn't seem to be it.

Also, there's a big difference between a gagging order or take-down notice, which most likely has no cost to the poster if you just shrug and comply. If they asked for damages that would be different, but the burden of proof would be much higher as well.

So if you post something that isn't bad enough to clearly warrent damages, and aren't looking to pick a long term fight if they just ask for it to be taken down, do we really need to be this paranoid?
A private individual being paranoid is one thing, but actually being sued for "Unfair Competition" is quite another. It can happen.

Last edited by ConnorMac; 30.10.2015 at 11:44. Reason: typo
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  #104  
Old 30.10.2015, 11:47
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Re: Threaten by company on legal action against posting on EF my bad experience with

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A private individual being paranoid is one thing, but actually being sued for "Unfair Competition" is quite another. It can happen.
But surely that's more to do with one company misrepresenting another in advertising material?

That happens quite frequently.
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  #105  
Old 30.10.2015, 12:05
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Re: Threaten by company on legal action against posting on EF my bad experience with

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But surely that's more to do with one company misrepresenting another in advertising material?

That happens quite frequently.
I also previously thought this.
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  #106  
Old 30.10.2015, 12:12
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Re: Threaten by company on legal action against posting on EF my bad experience with

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I also previously thought this.
OK, so what changed your mind??

You're posting hearsay and documents that have nothing to do with your viewpoint, it's getting repetetive and boring.
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  #107  
Old 11.11.2015, 16:22
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Re: Threaten by company on legal action against posting on EF my bad experience with

So does it go like this?

if you can afford a lawyer then go ahead, speak your mind but...

if not, woooh, better forget it.

How much does expressing your opinion cost then?
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  #108  
Old 11.11.2015, 16:43
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Re: Threaten by company on legal action against posting on EF my bad experience with

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So does it go like this?

if you can afford a lawyer then go ahead, speak your mind but...

if not, woooh, better forget it.

How much does expressing your opinion cost then?

About Chf 300-450.-- per hour
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  #109  
Old 11.11.2015, 17:08
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Re: Threaten by company on legal action against posting on EF my bad experience with

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About Chf 300-450.-- per hour


That's good to know!

It's just about 3 days work for a phd (and many others)

Internet anonymity is my friend in that case...
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