I'm sort of doubling down on a review I wrote of a local meat store. I did make some edits after their initial objection and claim of defamation. I will try to shorten the story...

Local meat store advertising Prime Angus Filet and Ribeye for like $15/lb.

I go in and they say it's cut to order, I order 6 filets at 8 ounces. Then I start shopping and realize the beef isn't USDA graded. The ribeyes have no marbling and are from Nicaragua. They do have tri-tip labeled USDA choice.

I get a tri tip and my filets and head home. I notice 3 of the filets have a much darker color. Open them up and the dark ones are rancid, the lighter pink ones seem fine. I throw it all away. It's an hour round trip that I don't want to waste again.

My online review said basically that they mislead by saying Prime Angus, but that doesn't mean USDA Prime. I mention that some meat is not US meat and I explain that some of the meat I bought was rancid.

They send me a demand notice via email (they looked up my address as well). I updated my review to change "most meat is not USDA graded" to "in many cases it isn't USDA graded" (only the tri tip was graded when I was in the store, all other meat was not). I figured I couldn't quantify it so I just said it happens in many cases.

Anyhow, I see the review is gone and that they removed all reviews. This is the only way to remove a review on Facebook, remove them all. They tell me via email that FB removed my review for violating TOS (a lie).

A few back and forth emails and I tell them I'm not removing it (even though it isn't visible and they said it was removed).

A few days later I get a letter in the mail (addressed to my wife, but with my name on the actual letter inside) that it is a pre-lawsuit notice. They are demanding I remove the review and sign something recanting what I said. This is from a relative of the business owner, same last name, not a lawyer.

They are threatening defamation lawsuit, a jury trial, all kinds of costs to me, etc. I think this is all just a ruse to make me remove the review. Any legal types have an opinion? Here is the text of the current version of the review...

"I found this place to be very deceptive in their advertising (in my opinion). The beef sales they advertise as “Prime Angus” are not USDA Prime. The beef in the store advertised as “Prime Angus Ribeye” and “Prime Angus Fillet” was labeled as being from Nicaragua and was not USDA Prime graded beef. I find this deceptive because I believe most customers would assume “Prime” means USDA Prime.
I only noticed this after asking them to cut me six 8-ounce filet mignons. Strangely, three were much darker than the other three. When I opened the package at home, the darker steaks smelled rancid. The odor was so bad that I considered the meat unacceptable to eat and threw away approximately $55 worth of steaks.
I would have driven back to the store, but it is about an hour round trip and I did not have that time to spare that morning.
Be very careful and read the labels. Much of the meat I saw was not USDA graded. The tri-tip, for example, was specifically labeled USDA Choice, so they clearly do sell some USDA-graded beef. My point is that the products advertised as “Prime Angus” were not labeled USDA Prime.
Make sure you know exactly what grade and origin you are buying before purchasing."

No pictures, video, and you don't have the product on hand to prove anything, so it's a he said she said type of situation.

Do you really want to go to the expense of having to prove your case, and potentially having to pay damages to the business should they be able to prove losses due to the post.

Might want to change it removing the Prime vs Not Prime, and just say you bought some meat, it was rancid when opened and you just tossed it out vs driving back over an hour.

The fact they went to the trouble to find you, your wife, your address means they are probably serious about the lawsuit...

But, if you think it's a ruse, just have your legal ducks in a row should they move forward.

You may have the law on your side if it comes to that, but if you didn't want to drive an hour to return the meat, do you really want to potentially fight a lawsuit?

Bluffing

Stand your ground

Edit your review to just state that you removed it due to the company threatening a lawsuit. That's the truth, you have the documentation to back it up so they can't deny it, and it should tell any intelligent person who reads it everything they need to know about that company.

Threatening legal action over an online review is chickenshit and I'd never do business with a company like that.

I would drop all the language about meat grades and just state that they sold me rancid meat that I had to throw away. They have to be reasonable. They sold you an unusable product and are not immune to bad reviews.

quote:

Originally posted by parabellum:
Bluffing

Stand your ground

This is how I feel. Everything in my review is factual.

quote:

Originally posted by 92fstech:
Edit your review to just state that you removed it due to the company threatening a lawsuit. That's the truth, you have the documentation to back it up so they can't deny it, and it should tell any intelligent person who reads it everything they need to know about that company.

Threatening legal action over an online review is chickenshit and I'd never do business with a company like that.

I like this idea. I'd have to have them unlock reviews to change it.

quote:

Originally posted by bdylan:
I would drop all the language about meat grades and just state that they sold me rancid meat that I had to throw away. They have to be reasonable. They sold you an unusable product and are not immune to bad reviews.

This is something I prefer in there. It is a true statement. I was clear that they didn't advertise USDA but that the ads could be misleading people that don't understand that.

File a formal complaint with the Florida Department of Agriculture, the local better business bureau, and also contact management of your portion of the Villages. It's possible that they are in a space leased from the villages.

https://www.fdacs.gov/Contact-...uct-or-Food-Business

Or you can also let them know by letter that you stand by what you said, and that you will be filing a FDACS complaint if they don't back off.

My guess is yours isnt the first review that has not gone their way and your review may in fact encourage others to chime in. Stand your ground.

quote:

Originally posted by ArtieS:
File a formal complaint with the Florida Department of Agriculture, the local better business bureau, and also contact management of your portion of the Villages. It's possible that they are in a space leased from the villages.

https://www.fdacs.gov/Contact-...uct-or-Food-Business

Or you can also let them know by letter that you stand by what you said, and that you will be filing a FDACS complaint if they don't back off.

I actually did file an FDAC complaint. They aren't in the Villages. They are in Fruitland Park.

One approach is to decouple your judgment from the observations.

"I found this place to be very deceptive" is potentially defamatory and cannot be substantiated.

Your purchases are facts and you can state these as observations.

I would edit (if possible) to only include your observations. Your edited review serves those you desire to protect.

I drove an hour round trip. I purchased X and 6 Y. I was surprised to learn that these items were not USDA but were from another country. Three of the Y were rancid and their color was dark red. I decided not to risk my health so I tossed them all. I lost $55.

Facts get the point across. You really cannot attribute deception as intentional.

Imagine that you purchased sushi in Tokyo. You would have no issues with quality, of course, but you would have ratings from another country and not USDA. You would not attribute poor quality to the Japanese assessment of the sushi.

I imagine the meat was indeed classified by another standard, it took too long to sell, they put it on discount, and by the time it was sold, it had gone bad.

I wouldn't change a thing. Any sort of acquiescence will be viewed as weakness by this bully, and then they'll really be coming at him.

Be a rock in a flowing stream, unmoving.

i would take it down when they refunded me the money I paid them!!

Did you give them an opportunity to make it right? Phone call at least?

Another options is to get proof. Go back and get pictures. Get friends to do the same.

You can use the Florida statutes in ch. 825.012 and ch.415.102 to make them think twice about communicating threats against or trying to intimidate an "elderly" (over age 60) person.

I'm going to listen to Para as that is my instinct as well. I don't want to be bullied. My review is accurate.

I did not give them a chance to make it right as my problem is less about the meat I got and more about the misleading grades they are advertising. I wasn't going to drive another hour for $55

I may go in and get pictures at some point. I know for a fact they aren't about to start changing the store because of this and suddenly have prime grade ribeye for $15/lb. If I'm in the area I may take some pics.

Regarding them intimidating the elderly, I'm only 57 so I can't use that.

The fact is this store is no more than one of those scam meat trucks. There is nothing in a lawsuit for them that wouldn't likely destroy their business by bringing this info out into the public. My guess is this will all go away when I refuse to reply to them.

I looked it up and Nicaragua has no grade terms for beef. Therefore, calling it prime would have to meet USDA definition and be USDA inspected.

For example, Canada has beef grading so a US store would have to label it as "Canada Prime"

Here is a letter from USDA and applicable excerpt:


You're smart and retired so you could fire back, and the Red Sox gave you plenty of free time this fall.

Florida has Anti-SLAPP laws meant to help people being intimidated for speaking out. Here is one law firm's synopsis of it.

You already involved the right people in state of Florida, but you still could involve the USDA Food Safety and Inspection Service (FSIS). Here is their consumer complaint form.

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Ego is the anesthesia that deadens the pain of stupidity

DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer.

quote:

Originally posted by ArtieS:
File a formal complaint with the Florida Department of Agriculture, the local better business bureau, and also contact management of your portion of the Villages. It's possible that they are in a space leased from the villages.

https://www.fdacs.gov/Contact-...uct-or-Food-Business

Or you can also let them know by letter that you stand by what you said, and that you will be filing a FDACS complaint if they don't back off.

Consumer protection agency also

A clarification regarding the beef grading. It is their advertisements that say "Prime Angus Beef". They do not say USDA Prime or any other country. They are using the word prime as a descriptor rather than an actual grade. One could argue it's the same as saying Prime Rib (which doesn't have to be prime grade but is called prime because it comes from the primal area).

In any case the actual meat in store that is the price they advertised as Prime Angus is not labeled prime at all. My review simply points out that you aren't getting prime grade beef and to read the labels carefully.

You are fine. They are shitheads. Truth is a defense in libel/slander and you clearly found their advertising to be misleading. You told the truth. And you added "in my opinion".

You have nothing to worry about.