Defamation
False statements, and the lawsuits they start.
Crawford Law PLLC treats defamation as its own practice, for the person or business that was written about and for the person who has been sued or threatened for something they said.
Fact, not opinion
Defamation is about a false statement of fact, published to someone else, that harms a reputation. Insults, hyperbole, and a lot of pure opinion are not the same thing. Truth is a defense. Calling something defamation on a website does not make it so, and the firm does not decide that from a headline.
Where it shows up
Online reviews, social posts, a letter to customers, and a workplace accusation that gets repeated outside the original conversation. A complaint made only through an employer’s internal process is a different problem from the same words posted for the public. Bring the words, as close to verbatim as you can, and where they appeared.
Both sides
Some clients need a false statement taken seriously. Some clients said something and now face a demand or a lawsuit. The firm will look at either posture, and it will decline when the conflict or the fit is wrong.
The Texas Citizens Participation Act
Under the Texas Citizens Participation Act, Civil Practice and Remedies Code chapter 27, a person sued over a communication can file a motion to dismiss. That motion is generally due within 60 days after service. The statute can award attorney’s fees. It matters if you are bringing a defamation claim, and it matters if you are defending one.
A defamation claim in Texas is often subject to a one-year limitations period, Civil Practice and Remedies Code section 16.002. When the clock starts, and whether a different rule applies, depends on facts the website does not have. The firm has not calculated your deadline.
What this page does not promise
Nothing here promises a takedown, a retraction, or damages. Platforms have their own rules. A court may never see the case. If someone has already served you, or a hearing is on the calendar, call (309) 391-3489 rather than waiting on an intake.
Common defamation questions
Can a Texas business sue over a false online review?
Sometimes. A review that states a false fact, such as a claim that something happened when it did not, can support a defamation claim. A review that is opinion, exaggeration, or true usually cannot. A lawsuit over a review can also trigger a motion to dismiss under the Texas Citizens Participation Act, which can shift attorney's fees, so the decision to sue should be made carefully.
How long do I have to bring a defamation claim in Texas?
Texas generally applies a one-year limitations period to libel and slander claims, Civil Practice and Remedies Code section 16.002. When the year starts, and whether a different rule applies, depends on the facts. Treat any deadline as close and get advice early.
Do I have to ask for a retraction first?
The Texas Defamation Mitigation Act, Civil Practice and Remedies Code chapter 73, generally requires a timely and sufficient request for a correction, clarification, or retraction. A request made more than 90 days after you learned of the statement can limit the damages available. The rules on timing and content are specific.
What is a TCPA motion to dismiss?
The Texas Citizens Participation Act, often called the Texas anti-SLAPP statute, lets a person sued over a communication ask the court to dismiss the case early. The motion is generally due within 60 days after service. If the motion is granted, the court must award the moving party its court costs and reasonable attorney's fees.
I have been sued or threatened over something I said. What should I do?
Keep the demand letter or the petition and the dates you received them, do not post more about the dispute, and call (309) 391-3489. The 60-day TCPA deadline runs from service, so waiting can cost you the motion.
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Talk about a statement, or a claim against you.
Start with a free 15-minute call to see whether the firm is a fit. Work is quoted up front in fixed blocks of time. Meetings are by appointment in Leander and North Austin.