Portable Sanitation Association International

AUGUST 22, 2018F

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WEEKLY EDITION AUGUST 22, 2018 CONTINUED ON PAGE 6 PAGE 5 The Truth about Lies What to do with smears that may affect may affect your business By Karleen Kos, PSAI Executive Director, as published in the August 2018 edition of PRO magazine The PSAI often receives questions from portable restroom operators, government officials, and members of the public regarding our industry. Here is one we heard from a portable restroom operator in the western United States: "During a routine Google search, I discovered a company I've never heard of -- possibly a broker -- is implying that we cheat and scam our customers. It isn't true of course. While they don't mention us by name, it's clear who they mean. What can I do about this?" Regrettably, these tactics are not illegal - maddening though they are. If a known entity actually names your company and makes false claims that hurt your business, you may have some recourse through legal channels. Laws differ from state to state, but generally speaking you can successfully sue in civil court if you can prove: • The information is false • Whoever posted/printed it knew it was false • The false information has hurt your business Proving all three of these things is a very tall order, and very few lawsuits of this nature actually result in damages for the plaintiff. More often your lawyer will be able to persuade the perpetrator to "cease and desist." This takes time and money.

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