Location: TN
Hi all, I live in TN and just found a cease and desist letter sent to me on June 24. I posted a detailed but truthful review about my former apartment complex, describing uninhabitable conditions for the last couple of months due to forced construction along with other complaints about my overall experience. Additionally, I will mention a viral TikTok has been posted under my apartment’s conditions that has been met with outrage.
Before posting, I had signed an NDA they required tenants to sign, restricting us from posting reviews about the construction. I did not want to sign this, but I received a letter that if I did not sign it would delay the repairs of my apartment. Tenants who did not sign were given a 14 day notice to vacate. I know I shouldn’t have signed this, but I only signed it because I had nowhere else to live at the time.
Now they’re demanding I take the review down for defamation. What I said was true, but I’m not sure that holds up against the NDA. If I completely fucked up I can bite the bullet and just delete the review, but I just saw the letter and haven’t responded yet because I wanted to understand this legally first.
My questions:
• Am I legally required to take the review down?
• Is the NDA enforceable under these circumstances?
• Should I respond to the letter or wait until I speak with an attorney?
• Do I have protections under the Consumer Review Fairness Act?
Any advice on how to proceed would be hugely appreciated.