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

[Lady S]

She's full of crap.

Does the BBB have a policy regarding merchants trying to sue?

 

[Diva_Esq]

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

If you were looking for a monetary reimbursement, this would be your best option. Attorney fees alone make it not worth pursuing for the cost of a haircut. I know my retainer is $1500-$5000 depending on the matter and my hourly is $145. My managing partner's hourly is $400. Not worthwhile. I did see that you said you're not interested in a lawsuit. I'm basically trying to tell you that no attorney in their right mind would take her case either. Plus, word of mouth is the worst damage you can do to her!

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!!!

The ultimate defense to slander, libel & defamation is TRUTH! If she did it and you have proof that statements you made were based in truth and experience, you're fine. I think you have nothing to worry about.

 

[Mook's hair]

She is full of it and trying to scare you. As a paying customer you have a reasonable expectation of a certain level of service, which you were not given. And as a paying customer you have the right to give others a review of your experience and the service level you did or did not receive. As long as your statements are honest & true then you are just giving accounts of your experience there is no defamation or libel involved. And even if others discontinue going there based solely on your information, she cannot come after you for influencing their decision.

If I buy vacuum cleaner and post a review saying that the brand did not pick up dirt, was too heavy to carry up the stairs and was noisy, then I'm just giving my reasons for why I don't think it is worth buying. If others read my review and decide not to buy it then that is their choice. And the vacuum cleaner company cannot come after me for sharing my experience.

 

[***BlessedMom***]

Scare tactics! If your hair is damaged, I will take it!!!

 

[Butterfly08]

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!!

Thank you, your post really did make me laugh out loud.

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.

Right, this is my point. And she should take those dollars she is supposedly using to build a case against me and instead refund me the rest of my money and try to figure out how to improve her business!!!!

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!

Hmmmm, I wasn't aware of that board. Thank you! I will see what comes of this BBB complaint. As I said, I am not trying to win a million dollars or even smash her face in the mud, however I do want her to understand that there are consequences for poor service AND displaying utter rudeness and unprofessionalism to clientele. If that purpose is satisfied throughout this process (and she decides not to pursue any action against me) I will not go any further. But if she chooses to pursue legal action, it's on!

 

[Butterfly08]

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.

If I could thank you a million times for this post I would. You said exactly what I was thinking about and going to post! Primarily that this industry is driven by word of mouth. Even non hair fanatics will usually try to ask around before they go to a stylist blindly. And they will likely listen if someone tells them NOT to go to a stylist they had a bad experience with. That old saying (I'm about to screw it up) about a satisfied customer tells a few people, but a dissatisfied customer tells dozens) is truth. I only brag about my favorite store, service etc. when someone asks, but when I get shanked I generally tell many people, even those who don't want to hear. And I'm sure she does the same! The fact that she doesn't understand this about her industry....well I don't know. Doesn't say much about her knowledge, ability or desire to build her client base with quality customer service.

 

[Butterfly08]

She's full of crap.

Does the BBB have a policy regarding merchants trying to sue?

IDK, good question. I will check it out. I have 14 days to respond to the statement she gave to the BBB. I have already drafted a response, I'm just sitting on it a couple days to make sure I don't forget anything I want to say. I will make it a point that she is now trying to sue me for exercising my right to file a complaint with the BBB.

If you were looking for a monetary reimbursement, this would be your best option. Attorney fees alone make it not worth pursuing for the cost of a haircut. I know my retainer is $1500-$5000 depending on the matter and my hourly is $145. My managing partner's hourly is $400. Not worthwhile. I did see that you said you're not interested in a lawsuit. I'm basically trying to tell you that no attorney in their right mind would take her case either. Plus, word of mouth is the worst damage you can do to her!

The ultimate defense to slander, libel & defamation is TRUTH! If she did it and you have proof that statements you made were based in truth and experience, you're fine. I think you have nothing to worry about.

Oh ok, gotcha, thanks. Yeah, I don't wanna sue. I'm mad but truthfully I have enough on my plate. I will just have to holla at MBL by the end of the year instead of right now. I do hate the U shape, and getting it blunt MBL will probably take another year if not more, but I truthfully don't have the energy to pursue a court complaint. And I pray no money hungry attorney takes this case, because unfortunately we do have a few attorneys who are not in their right mind here in Florida. But seriously, at this point she has NO PROOF that I told anybody, much less posted on a message board.

 

[Butterfly08]

She is full of it and trying to scare you. As a paying customer you have a reasonable expectation of a certain level of service, which you were not given. And as a paying customer you have the right to give others a review of your experience and the service level you did or did not receive. As long as your statements are honest & true then you are just giving accounts of your experience there is no defamation or libel involved. And even if others discontinue going there based solely on your information, she cannot come after you for influencing their decision.

If I buy vacuum cleaner and post a review saying that the brand did not pick up dirt, was too heavy to carry up the stairs and was noisy, then I'm just giving my reasons for why I don't think it is worth buying. If others read my review and decide not to buy it then that is their choice. And the vacuum cleaner company cannot come after me for sharing my experience.

Right, we have a salon review board here for goodness sake. erplexed Is it illegal to post there if we are not happy with a service? And we describe everything from our perspective?

 

[HappilyLiberal]

I don't believe for a SECOND that she consulted a lawyer. The first thing any lawyer would have told her is to communicate with you only through the lawyer. She's bluffing--go to the media!

 

[Janet']

Butterfly,

I am so sorry that this initially happened to you and that you are STILL dealing with it. I say stand your ground. Your hair is gorgeous and your attitude seems to match...Sending out positive energy!

 

[Butterfly08]

I don't believe for a SECOND that she consulted a lawyer. The first thing any lawyer would have told her is to communicate with you only through the lawyer. She's bluffing--go to the media!

I just wanted to clarify that I'm not communicating with her directly. She submitted a statement to the BBB and they forwarded it to me for response within 14 days. I had initially considered sending her a letter directly but never felt led to actually write the letter and send it. Now I am glad that I did not. Also, when I arrived I learned that she no longer accepted credit cards. Luckily I had my checkbook. I recently moved so thankfully ALL the information on my check is old. I would not feel comfortable with her having my personal information. She seems vengeful and spiteful.

 

[CarolinaGal]

I misunderstood. I thought she wrote directly to you. Never mind.

 

[Jewell]

So sorry this mole hill has been made a mountain! Also very disappointed that my fellow LHCF sistahs with the most beautiful, thick, healthy hair are repeatedly being taken advantage of by these salty arse SHS! Ya'll got me scared to sit in anybody's chair, and if I do (just for pressing) I will take a vid with my phone of me telling them not to trim or cut ANYTHING. If they disregard my wishes, I will have that as proof in my proceedings/complaints.

Please prepare yourself...she may be bluffing saying she has an attorney, when really she is just prolly gonna file in small claims court. Attorneys are not CHEAP, especially for some case over $20. She would be out a lot of money hiring an attorney unless she KNEW she had the ability to win in court and recover her losses plus damages! Get all your statements notarized and witnessed, if possible. You'd be surprised how judges will rule in the opposite person's favor based on trivial things like not having the right signature, especially in a possible slander, defamation of character, or libel case. You did right in establishing your complaint first thing with the BBB, that way there's a track record, and she can't say that you only filed a complaint when you heard of her proceedings. Good luck, and I hope it doesn't go to court!

 

[justicefighter1913]

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.

Just my two cents...I wouldn't do the above. Everything is cached on archive.org. I wouldn't chance airing this out or commenting further on the matter. Do your preparation behind the scenes, but don't put any more info out there. IMHO, hey what do I know ?

 

[Butterfly08]

Ok, thank you Justice. I had decided not to do it.

 

[dyh080]

Truth is a defense to defamation. In other words, IF and that's a big IF she proves all of the elements of her claim
that you INTENTIONALLY made false statements
and that her reputation was harmed and caused damages(money loss)

then , and only then, you would put on a defense, which would be truth.
If you prove what you said was the truth, she still loses.

When she loses, sue her for bringing a frivolous lawsuit.
I doubt it she will do anything because no attorney in their right mind will take her case.( although I have met some crazy ones).
Take her to small claims court for your money.
btw....I am an attorney...this is my opinion...check with the law of your state

 

[dyh080]

I don't believe for a SECOND that she consulted a lawyer. The first thing any lawyer would have told her is to communicate with you only through the lawyer. She's bluffing--go to the media!

True...if she actually retained an attorney, all communications would be through her attorney.

 

[Butterfly08]

Truth is a defense to defamation. In other words, IF and that's a big IF she proves all of the elements of her claim
that you INTENTIONALLY made false statements
and that her reputation was harmed and caused damages(money loss)

then , and only then, you would put on a defense, which would be truth.
If you prove what you said was the truth, she still loses.

When she loses, sue her for bringing a frivolous lawsuit.
I doubt it she will do anything because no attorney in their right mind will take her case.( although I have met some crazy ones).
Take her to small claims court for your money.
btw....I am an attorney...this is my opinion...check with the law of your state

Thank you so much for your input. What you are saying makes sense. She cannot prove that I talked to anyone, much less took actions that led to true and actual loss of money for her. Even these 4 other former clients of hers, she doesn't know when I talked to them. And I will clarify in my response that none of these clients have been to Lolita within the past year. In other words, their decision not to return to her had nothing to do with me, but rather with their own personal negative experiences. One of them isn't even in town anymore.

True...if she actually retained an attorney, all communications would be through her attorney.

There is NO WAY an attorney drafted her statement. It was totally incomprehensible, seriously my 6th grade daughter writes better (and I'm not being snarky). My mom could barely understand it. I would post the response to show y'all but....

So if (and that's a very BIG IF) she actually consulted with an attorney, he didn't advise her well or she didn't listen. Because as I said, in her statement she admitted that she told me I needed medication. Not too smart.

 

[laurend]

Late to this thread and didn't know about the first one. What did she do to your hair? In your siggy it looks very healthy and long and I like the cut.

 

[LadyRaider]

Don't worry about it. File at the BBB. Continue to talk on the internet. Despite the fact that "truth" is the defense for libel/slander, you are allowed to be an unhappy customer.

Get on one of those review websites... yelp or yahoo or whatever... and slam her there too.

Now if for whatever you reason you didn't pay her for services... But that's not the story, right?

Don't worry about it. She's just stupid and crazy. Definitely do a review on one of those websites though.

 

[BostonMaria]

Wow this is crazy!

She's probably just trying to scare you. I would let her try to sue you LOL I am sure it won't go any farther than a letter. The BBB complaint is there and done, there's nothing she can do about that.

 

[LadyRaider]

I would respond, but I wouldn't respond to any threats. Just stick to what you said in the first place.

The BBB just gave her a chance to rectify the situation with you. She didn't take the opportunity.

You have a right to be an unhappy customer. If unhappy customers pile up, then that's her problem.

 

[Butterfly08]

Late to this thread and didn't know about the first one. What did she do to your hair? In your siggy it looks very healthy and long and I like the cut.

She changed my blunt cut to a U. Prior to going to her, I was already MBL. This is also with 4 months of new growth. After she "trimmed" me - she herself said she would take off only 1/4 an inch - I was barely BSL. In some spots (the edges of the U) I am now APL. I never asked her to change the shape of my hair. It took me awhile to figure it out because she curled my hair up. I couldn't understand why my hair was falling so funny until the curls dropped and I was able to make out the U.

She was very defensive, nasty and insulting to me when I confronted her, so I chose to file with the BBB. She is extremely upset that I filed against her and now is threatening to sue me. Ironic, because to this day I *still* have never insulted her. Although I have plenty of reason to.

 

[Butterfly08]

Late to this thread and didn't know about the first one. What did she do to your hair? In your siggy it looks very healthy and long and I like the cut.

Thank you. She did not do the cut in my avi. That was done about 8 months ago.

Don't worry about it. File at the BBB. Continue to talk on the internet. Despite the fact that "truth" is the defense for libel/slander, you are allowed to be an unhappy customer.

Get on one of those review websites... yelp or yahoo or whatever... and slam her there too.

Now if for whatever you reason you didn't pay her for services... But that's not the story, right?

Don't worry about it. She's just stupid and crazy. Definitely do a review on one of those websites though.

Yep, I paid AND tipped her. Obviously didn't realize what she had done until days later.

 

[Butterfly08]

Wow this is crazy!

She's probably just trying to scare you. I would let her try to sue you LOL I am sure it won't go any farther than a letter. The BBB complaint is there and done, there's nothing she can do about that.

Yep, I am continuing with the BBB complaint process.

I would respond, but I wouldn't respond to any threats. Just stick to what you said in the first place.

The BBB just gave her a chance to rectify the situation with you. She didn't take the opportunity.

You have a right to be an unhappy customer. If unhappy customers pile up, then that's her problem.

Her response was made to BBB and they forwarded it to me. I will respond directly to them and they will forward my response to her. I am being careful with my words, so it will be clear who the unreasonable party is. How ironic, I am the upset customer, yet she is the one being rude and unreasonable!!!

 

[Mahalialee4]

I believe that if she initiates the lawsuit, the BURDEN OF PROOF is on her to PROVE that you slandered her. That means she will need to bring a witness or a notarized statement. Further, she has to PROVE that your DEMANDS were unreasonable.

Also, she has made implications about the 'prior state of your hair'. I am sure that you have a lot of pictures of your hair Prior and hopefully After.

Don't sweat. Let her bring it. It is her dime if she chooses to use th COURTS to bully a client who has made a reasonable request in regards to service. Does she have any policies posted in her salon re: her services and refunds. THIS IS VERY IMPORTANT. If she has policies at the front desk (at the etime of your concern) that stipulate NO REFUNDS OR THAT SHE WILL NOT PROVIDE CUSTOMER SATISFACTION.....

then I would let her take me to court or I would agree to a reasonable settlement... Just decide what it is that matters to you the most.
.

 

[empressri]

I love seeing ghetto "bidniss" owners go on tv on those court shows. They always make a fool of themselves. They want to sue because of emotional distress and blah blah blah and don't even know what the hell that means.

Tell ole girl to bring it. They probably wouldn't even take the damn case.

 

[dynamic1]

This is one of the most ridiculous threats I have ever read....a lawsuit, really...over a customer's opinion of poor service?

 

[serene]

She's bluffing. You've taken the proper steps to handle the situation, you've got your proof, and she's skurrrrred. I would say good luck, but you don't need it.

 

[DDTexlaxed]

Stick to your guns. She has no case. She did not do the service you asked her to do, but you paid and tipped her. I don't mean to laugh, but thes chick has some nerve to be angry at YOU. Her attitude was horrible as well as her service. Mook's Hair said it all. If you buy a product and you hate it, you can blast them online as a warning for why you hated the product. People can either listen or not. If she is mad at negative reviews, she should take a look at herself and her business and look for a way to improve it. She acts like you can control your town and the people in it. If someone else has had a bad experience at her salon, you better believe they also were telling people not to go to her. Don't think this will get as far as she is trying to make you believe.