Part 2 - SHS is now threatening to SUE ME!!!

[Butterfly08]

Ok ladies, I shared with you earlier about a stylist that changed my blunt shape to a U without my knowledge or approval. I tried to complain to her but she behaved so ugly and unprofessionally, insulting me 3 times although I never responded in kind, and only refunding $20. I then filed with Better Business Bureau.

It took her a couple weeks to respond and she stated that it took her so long because she is consulting with an attorney and I will be hearing from her shortly!!! The way she wrote it I know NO attorney actually drafted the response for her, but I am APALLED that instead of resolving this quietly she would choose to attempt to SUE a paying customer!!!

In my complaint, I mentioned that I knew 4 other people who would never use her services again. She is basing her "supposed lawsuit" on that statement (which is fact, and I have already started asking those people if they would be willing to write notarized statements explaining why they would never use her again, and that their decisions were made years ago, independent of my experience).

One of her insults against me was that "I need medication." She was silly enough to admit in her response that she told me this! And nowhere did she say that I was rude to her, BECAUSE I WASN'T!!!

I am not sure if she is trying to scare me but I will respond again to BBB anyway. I'm just trying to decide the best way to respond. I want to provide truth, but I also want to defuse the situation because I do NOT want to defend myself in court when *I* am the victim. JUST UNREAL!!!!!!

I'm sure her basis would be libel, slander or defamation, but I just don't see how she could prevail.

Oh, and she insulted my hair, even claiming that another stylist commented to her when I was leaving that she didn't know how the stylist was able to fix my hair, as damaged as it was!!! So now I want to send in pictures of my hair to BBB, both before, immediately after, and 6 weeks later to show that independent of any stylist, my hair is thick, full and healthy (even with some damage from the highlights)!!!!!

Any suggestions ladies??? Thanks for letting me vent!!!!

~I am not mentioning her name in case there is any legal action~ Doubtful, but I am being careful.

Sigh, just this week I looked at my hair and got angry again, and the kicker is that I may be going to court over this!!!!!!

 

[MissMeWithThatIsh]

Get a lawyer friend to draft something and serve her.... you have ALL the proof in the world she did not provide services you requested and then became unprofessional.

 

[Butterfly08]

^^My sis is an attorney but doesn't practice in my state. She is doing some research for me though.

 

[brownelovely]

I doubt it will go to court. You were right to file a complaint with the BBB. More people should do so.

Just keep your proof ready. She's trying to scare you into backing off your complaint. If it's a true complaint, then no worries. Slander and all that other stuff can't be pursued if it's actually true.

She just doesn't want a bad rep but she's giving herself that by handling this the way that she's doing.

 

[RadiantBeauty]

I'm sure her basis would be libel, slander or defamation, but I just don't see how she could prevail.

EXACTLY!!!! Make sure you have all your documentation handy. This lady will be the loser in this case for sure!

 

[yardyspice]

Take her to small claims court for a refund of your $$.

 

[ms.blue]

This stylist must be off her rocker. Continue filing your complaint w/ the BBB eventually she may realize that she is in a customer service industry and if the customer is not happy w/ the service that she gave then she & the customer must come together to rectify the situation. If the situation cannot be rectified then the customer has every right to file a complaint. Maybe this stylist needs to find a different career b/c she acting really immature.

 

[DigitalRain]

She's bullsh*ting you. Probably hoping to scare you from taking any further action, plus responding this way as revenge. If you decide to take it to small claims, you have more than enough proof and former customers of hers to put her in her place. Save all documentation. It won't be cute when she has to pay for what she did to you plus court fees.

 

[Lola Laughs]

I'm probably just being paranoid, having seen 2 many epsiodes of law & order, but I'd be careful about disclosing details about what happened/your feelings about it on the internet since it could possibly go to court. I'd hate for it somehow to be used against you. Good luck, and kudos to you for taking action!

 

[loveable37]

I think it waste of time
WHY cuse ur hair goin grow back by time u can show proof its not life threatening you see she are a HAIR dresser ur word against her (none)now if she put a bad perm in ur head caused DAMAGE SORE OR HOSPTIAL HELP u have a nice lawsuit

think about it she can saw u cut ya own hair u will not stand chance

 

[Nice & Wavy]

If she is trying to say that you have slandered her, her statement that she spoke with another stylist about your hair is doing the same to you.

She is full of crap...you stand and after you have done ALL to stand...STAND!!!

 

[Butterfly08]

I doubt it will go to court. You were right to file a complaint with the BBB. More people should do so.

Just keep your proof ready. She's trying to scare you into backing off your complaint. If it's a true complaint, then no worries. Slander and all that other stuff can't be pursued if it's actually true.

She just doesn't want a bad rep but she's giving herself that by handling this the way that she's doing.

This is exactly what I said to myself - she is trying scare tactics so that I will drop this. I will not though.

EXACTLY!!!! Make sure you have all your documentation handy. This lady will be the loser in this case for sure!

I am gathering it.

Take her to small claims court for a refund of your $$.

I am not interested in filing in court. What I want most is for her to realize that there are consequences for failing to take steps to satisfy your customers, or for behaving unprofessionally when they bring their concerns to her.

 

[Butterfly08]

This stylist must be off her rocker. Continue filing your complaint w/ the BBB eventually she may realize that she is in a customer service industry and if the customer is not happy w/ the service that she gave then she & the customer must come together to rectify the situation. If the situation cannot be rectified then the customer has every right to file a complaint. Maybe this stylist needs to find a different career b/c she acting really immature.

Exactly. She is basically a big bully. And it's not surprising that noone else bothered to complain, they knew what they were up against.

She's bullsh*ting you. Probably hoping to scare you from taking any further action, plus responding this way as revenge. If you decide to take it to small claims, you have more than enough proof and former customers of hers to put her in her place. Save all documentation. It won't be cute when she has to pay for what she did to you plus court fees.

ITA. I don't want to file in court though, I have enough on my plate. I'm hoping to just use the services of BBB and get a complaint registered against her.

I'm probably just being paranoid, having seen 2 many epsiodes of law & order, but I'd be careful about disclosing details about what happened/your feelings about it on the internet since it could possibly go to court. I'd hate for it somehow to be used against you. Good luck, and kudos to you for taking action!

This is valid. That's why I'm not going to name her. However, there are many online review sources, and why is it illegal to use them? My understanding is that it's illegal if you are spreading lies only, it's not illegal to spread the truth. I plan on sending a pictoral history of my hair in response to the BBB, to show that she is crazy for accusing me of having badly damaged hair. Noone in that salon, stylists either, had relaxed hair anywhere near as long as mine. Hers is longer but its dreaded.

 

[Butterfly08]

I think it waste of time
WHY cuse ur hair goin grow back by time u can show proof its not life threatening you see she are a HAIR dresser ur word against her (none)now if she put a bad perm in ur head caused DAMAGE SORE OR HOSPTIAL HELP u have a nice lawsuit

think about it she can saw u cut ya own hair u will not stand chance

I'm not interested in suing her. I am just appalled that she would even threaten to sue a paying and tipping customer. If I wanted to go that route I do have before and after pictures as proof, but I only want to complete the BBB process.

If she is trying to say that you have slandered her, her statement that she spoke with another stylist about your hair is doing the same to you.

She is full of crap...you stand and after you have done ALL to stand...STAND!!!

Excellent point! I will include that in my response.

 

[Butterfly08]

I am considering posting both her response to my initial complaint, and my response to that, but just for a day. :scratchch

I wanted some feedback on it. Then I'd remove it and ask that noone quote it. Of course her name would not be referenced.

 

[Butterfly08]

I'm probably just being paranoid, having seen 2 many epsiodes of law & order, but I'd be careful about disclosing details about what happened/your feelings about it on the internet since it could possibly go to court. I'd hate for it somehow to be used against you. Good luck, and kudos to you for taking action!

Forgot to mention, one of those former clients believes she is losing business which is why she is fighting so hard. Think about it, for well established businesses, it's no skin off their nose to offer a free meal or a refund to retain a customer. But she was fighting like I stole $10,000 from her!

I said that to say I doubt she has the resources to both retain a lawyer and do the type of discovery necessary to find this on the internet. I learned in my business law class that discovery is one of the most expensive parts of trial.

 

[Salsarisma]

Girl, don't even worry about this. This is actually LOL funny. When people are going to sue, you simply get served. They don't sit around and threaten to sue! Plus, she has nothing to sue you for...she's frivolous and trying to scare you. Relax because too much stress could hamper your hair's growth and health!!

 

[beans4reezy]

Oh my goodness....Is this woman for real?

 

[*CherryPie*]

The problem is, when you get to court, the JUDGE will determine what he/she determines is the truth. If your truth is not the judge's truth, you may be in trouble for saying all of this on the internet. Then she can say that you caused her to lose many customers, and you would have to pay for her loss.

I would stop talking about a potential court case online if I were you. Way too many innocent people go down because the judge don't believe their story.

WE know you're right, but you may have to prove it in court.

This is valid. That's why I'm not going to name her. However, there are many online review sources, and why is it illegal to use them? My understanding is that it's illegal if you are spreading lies only, it's not illegal to spread the truth. I plan on sending a pictoral history of my hair in response to the BBB, to show that she is crazy for accusing me of having badly damaged hair. Noone in that salon, stylists either, had relaxed hair anywhere near as long as mine. Hers is longer but its dreaded.

 

[Foxglove]

The BBB exists so you can report bad service to a third party who has nothing to benefit from either party. OP you did nothing wrong in reporting her to the BBB
As far as her suing you I highly doubt it will happen but from the info here you have enough info to show she only did this bc you reported her to the BBB. Just keep documenting everything. It seems like she's digging her own grave and incriminating herself in her own emails

 

[Butterfly08]

The problem is, when you get to court, the JUDGE will determine what he/she determines is the truth. If your truth is not the judge's truth, you may be in trouble for saying all of this on the internet. Then she can say that you caused her to lose many customers, and you would have to pay for her loss.

I would stop talking about a potential court case online if I were you. Way too many innocent people go down because the judge don't believe their story.

WE know you're right, but you may have to prove it in court.

I hear you....but she herself admitted that she cut more of my hair than she promised she would. She admitted in writing that she insulted me. And as I said I didn't make up these other customers who will no longer return to her because of how she damaged their hair, at least one is willing to prepare a notarized statement. I'm pretty sure another one will as well.

 

[sydaree]

I would be surprised if she followed through with a lawsuit. If she does, you should submit a counter claim and ask for compensation for pain and suffering your having to endure each time you look at your hair.

I would also suggest purchasing liability insurance (protects against libel, defamation, and slander) through your car/homeowner insurance carrier. Annual premiums are relatively inexpensive. It won't help you out in this situation, but could protect you in the future.

Oh, even if her claim is dismissed by a judge, you still have retain a lawyer (expensive!) and go to court. Believe it or not, people have been getting sued for posting product/service reviews and sharing their comments on social networks, such as Facebook and Myspace.

Not to scare you, but here are a couple of links: http://www.infopackets.com/news/int...es_3m_defamation_lawsuit_against_facebook.htm

http://news.cnet.com/8301-1023_3-10133466-93.html

Following passage from: http://www.chillingeffects.org/protest/notice.cgi?NoticeID=2163
Question: What defenses may be available to someone who is sued for defamation?
Answer: There are ordinarily 6 possible defenses available to a defendant who is sued for libel (published defamatory communication.)
1. Truth. This is a complete defense, but may be difficult to prove.
2. Fair comment on a matter of public interest. This defense applies to "opinion" only, as compared to a statement of fact. The defendant usually needs to prove that the opinion is honestly held and the comments were not motivated by actual "malice." ( Malice means knowledge of falsity or reckless disregard for the truth of falsity of the defamatory statement.)
3. Privilege. The privilege may be absolute or qualified. Privilege generally exists where the speaker or writer has a duty to communicate to a specific person or persons on a given occasion. In some cases the privilege is qualified and may be lost if the publication is unnecessarily wide or made with malice.
4. Consent. This is rarely available, as plaintiffs will not ordinarily agree to the publication of statements that they find offensive.
5. Innocent dissemination. In some caes a party who has no knowledge of the content of a defamatory statement may use this defense. For example, a mailman who delivers a sealed envelope containing a defamatory statement, is not legally liable for any damages that come about from the statement.
6. Plaintiff's poor reputation. Defendant can mitigate (lessen) damages for a defamatory statement by proving that the plaintiff did not have a good reputation to begin with. Defendant ordinarily can prove plaintiff's poor reputation by calling witnesses with knowledge of the plaintiff's prior reputation relating to the defamatory content.

 

[coconow2007]

I wouldn't worry about her - she is just being ignorant. File your BBB claim and back it up with your before and after pics. As a customer you have the right to complain when services rendered are not what you wished. You also have the right to discuss your displeasure with her and others. Let her spend all her $$'s to try and sue u because she does not have a leg to stand on - and in the end will just give more unwanted negative atttention on her and her salon.

 

[sqzbly1908]

If she files a lawsuit - it would be baseless! You should also file a complaint with the Board of Cosmetologists (I think the name varies for each state) they (salons) normally have it posted in their salons as required by law...

She is trying to intimidate you and all she is doing is digging a deeper hole for herself!

 

[LushLox]

I would take your story to your local paper, if the paper is happy to carry the story the bad press will hurt her just as bad as any legal action.

 

[Hairsofab]

She's just talking. I don't think an attorney would take this case.

 

[naturalmanenyc]

People can and will sue over the most trivial of things. It does not mean she would win or even that an attorney worth his/her salt would take her case.

The TRUTH is always a defense to claims of defamation and you have others who had similar problems with this SHS to back you up.

I'd sue her in small claims court to get the balance of the money you spent. I might even ask for pain & suffering. The fact that you have been a member of this site & an active poster for several years is enough to prove that you care so much about your hair that any stylist should have known cutting it w/o your explicit permission would cause you trauma. I am sure you explained to her how you wanted it cut. She ignored you and did what she wanted.

 

[lilsparkle825]

The problem is, when you get to court, the JUDGE will determine what he/she determines is the truth. If your truth is not the judge's truth, you may be in trouble for saying all of this on the internet. Then she can say that you caused her to lose many customers, and you would have to pay for her loss.

I would stop talking about a potential court case online if I were you. Way too many innocent people go down because the judge don't believe their story.

WE know you're right, but you may have to prove it in court.

I'm not following. If we don't know who she is, how can she lose potential business? (It probably just went over my head.)

OP, sorry this is turning into such a nightmare.

 

[Kneechay]

I doubt it will go to court. You were right to file a complaint with the BBB. More people should do so.

Just keep your proof ready. She's trying to scare you into backing off your complaint. If it's a true complaint, then no worries. Slander and all that other stuff can't be pursued if it's actually true.

She just doesn't want a bad rep but she's giving herself that by handling this the way that she's doing.

This.

This actually made me chuckle a bit. Girl, don't be deterred by her weak threats and don't worry, she's not going to sue. She don't want the drama that will bring either, for her, and her 'brand".

As a customer, the BBB exists to air the concerns and grievances of a wronged client/customer. If you feel wronged, that's how YOU feel. Unless you actually slandered her, there may be an issue, but there's a difference between slandering and complaining while telling the truth about the service she offered.

She has a weak case.

Gather all your hair care journey info and detail your fervor for hair care and health. Regardless of how anyone feels, it's something that's important to you and if a professional screwed it up, there is basis for your dissatisfaction.

Cease communication with her completely, and continue with your BBB complaint. Chances are a good attorney will let her know she needs way more proof of (the correct meaning) of slander by you (if it exists) to have a case at all.

The beauty industry works a lot by word of mouth and subjectivity. If you complained to people that you were dissatisfied that's part of the biz. How many times have we gone to a makeup counter, salon, etc and said "I didn't like the service/product, etc. that was provided."?

She can be butthurt if she wants, but perhaps, this situation will make her a better stylist; one that listens to her clients, and tries just a bit harder to make them happy. She went about this all the wrong way, she could've tried to fix the situation and help you to show her intent at great customer service instead of turning so antagonistic.

Matter of fact, if she DOES sue, countersue for stress and pain and suffering. You are now experiencing a setback because of her and it needs to be remedied. You may not get all of what you sue for, but you MAY get something.

This won't end well for her.

 

[Honi]

Bottom line. She provided a SERVICE that you weren't satisfied with. You didn't tell her to cut your hair that way. She did it!!! She didn't even try to remedy the situation. You had every right to complain. That is what the BBB is for.

She has no case. She should be fined for making baseless accusations.

ETA: Even if your hair was damaged it doesn't give her the right to do it. It's not what you wanted...PERIOD!