Hi Jarrod,

Don't worry about malicious prosecution based on threats from a private vendor. That particular cause of action can only flow from prosecution by a governmental unit, such as a county or federal prosecutor.

While commercial speech is given broad protection, there are limits.

You are correct to recognize that, even though your business is based in Minnesota, an argument could be reasonably made that your activities may come under the purview of interstate commerce.

I strongly recommend that you contact an attorney in Minnesota first. He or she may then either refer you to or jointly represent you with an attorney versed in federal law.

While I do practice in the federal system, I am only licensed in MIchigan and therefore cannot offer more specific advice about Minnesota's statutes on defamation. Surely, there are members who are attorneys and practice in your state who will step-up to assist you.

Keep us posted.

Bryan