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OHIO COURTS HAVE PERSONAL JURISDICTION OVER OUT-OF-STATE RESIDENTS FOR DEFAMATORY STATEMENTS ON THE INTERNET

Feb. 1, 2012 The Ohio Supreme Court has ruled that an Ohio business may sue an out-of-state resident for defamatory statements made on the internet.  The defendant, a thirty-year resident of Virginia, had never been in Ohio.  He purchased an engine block that he had viewed on the plaintiff’s website.  A dispute arose between the plaintiff and defendant as to whether the engine block was defective when sold or modified after purchase.  The out-of-state defendant posted numerous rancorous criticisms of the Ohio business and its principal on automobile racing websites.

The Court ruled that the exercise by an Ohio court over the defendant did not deprive him of his right to due process under the 14th Amendment to the U.S. Constitution.  The defendant argued that there was no jurisdiction over him because he had neither directed the tortious statements to Ohio nor published them here.  In ruling in favor of the Ohio business, the Supreme Court made three significant findings.  First, the defendant’s statements concerned the plaintiff’s Ohio activities, i.e., Ohio is where the plaintiff does all its manufacturing and warranty work.  Second, the defendant not only knew that his statements could damage the plaintiff’s reputation, he intended such damage to the plaintiff—because he felt justified in doing so.  Third, the statements were predicated on the business dealings between the defendant and the plaintiff; the personal jurisdiction was not based on some unrelated contacts with this state.

The Supreme Court concluded, “We decline to allow a nonresident defendant to take advantage of the conveniences that modern technology affords and simultaneously be shielded from the consequences of his intentionally tortious conduct.”  Kauffman Racing Equipment, LLC v. Roberts, 2010-Ohio-2551 (June 10, 2010), ¶74.

This decision will be reassuring to businesses and individuals in Ohio who are concerned that their good reputations might be unfairly attacked in public website forums and blogs by disgruntled out-of-state persons with whom they do business on the internet.

Douglas P. Whipple; dpw@whipple-law.com; 216-912-8479
Lex Internet No. 120201
© 2012 – 2013 Whipple Law, LLC; www.whipple-law.com

Nov. 10, 2014  Does it seem as if solicitation telephone calls—particularly robocalls—are back with a vengeance?  It is not your imagination.  Telemarketers have resurged either because they are ignoring the law or, quite often, they take advantage of legal exceptions of which the consumer may not even be aware.  Technology enables scofflaws to avoid being blocked by regularly changing their caller ID information.  Still, you have the ability to at least reduce the number of unwanted calls you receive.

 Live telemarketing calls are comparatively easy to handle.  Telemarketers are required to put your number on their own do-not-call list if you simply ask.They ordinarily are obligated to honor your request even if they previously had your express or implied consent to make such calls, and regardless of whether or not your number is listed on the National Do Not Call Registry.  Once you make such a request the calls from that company should stop promptly. 

Dealing with robocalls is more challenging.  The FTC (Federal Trade Commission) recommends that whenever you receive an undesired robocalls just hang up.  Pressing a number on your phone to speak with a live operator or to be removed from  the call list will just generate more robocalls.  The FTC is providing incentives to the public for technological solutions to help curb illegal robocalls but this innovation process, not surprisingly, is slow going.

 Your number can be added to the National Do Not Call Registry online at www.donotcall.gov or by calling 888-382-1222.  Feel free to register even if you believe that your number was previously in the Registry.  Once the number is registered you will receive a confirming email.  At any time you can go to the website to verify your registration.  You may register your home and personal cellphone numbers, but not business or fax numbers. 

It can take up to 31 days from the date of registration for the calls to stop.  Thereafter you may wish to keep a log of undesired telemarketing calls, including the date and time of the call, the name of the caller, the number called, and if it was a robocall.  You can submit a complaint at www.donotcall.gov or by calling 888-382-1222.  The FTC will enter the information into a database available to more than 1,000 civil and criminal law enforcement agencies.

Douglas P. Whipple; dpw@whipple-law.com; 216-912-8479

Lex Internet No. 141111

© 2014 Whipple Law, LLC; www.whipple-law.com

This article is intended to inform clients, colleagues and other friends of the Whipple Law, LLC about current legal developments of general interest.  It should not be construed as legal advice, and readers should not act upon the information without professional counsel.