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How to Unmask an Internet Troll in New Hampshire:  

How to Unmask an Internet Troll in New Hampshire:  A Practical Guide   www.josephkellylevasseur.com
 
Trolls love the internet. They hide behind fake names, throw around nasty accusations like “racist” against hardworking business owners and think they can damage reputations with zero consequences. If you're a New Hampshire business owner dealing with damaging online lies, you're not powerless. New Hampshire law gives you a real path to unmask these anonymous posters — while still protecting legitimate free speech.
 
The roadmap comes straight from a key 2010 New Hampshire Supreme Court decision: Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc. (often called the Mortgage Specialists case).
 
Step 1: Determine If It's Real Defamation:
 
(Not Just Mean Words) Not every rude comment is actionable. New Hampshire courts protect opinions and rhetorical hyperbole. Calling someone a “racist” is often viewed as protected opinion unless it implies specific false facts that can be proven wrong and actually harmed your business (lost customers, revenue drops, etc.). Quick self-test: Would a reasonable person read the comment as stating a verifiable fact? Document everything immediately — full screenshots with dates, URLs, usernames, and evidence of harm. Send preservation demands to the platforms right away.
 
Step 2: Do Some Basic Investigation Yourself:
  • Save all posts and usernames.
  • Note any IP addresses provided by third-party services.
  • Google the username across platforms for patterns.
  • Use free IP lookup tools to identify the likely ISP.
Sometimes that's enough to identify the person or scare them off with a well-drafted cease-and-desist.
 
Step 3: File a John Doe / Jane Doe Lawsuit in Superior Court:
 
You don't need the troll's real name to start the case. File in the county where the harm occurred (usually Hillsborough County Superior Court for Bedford/Manchester area) naming the defendant as “Jane Doe” or “John Doe.”In your complaint and accompanying motion, you must make a prima facie showing — enough evidence to support a valid defamation claim.
 
The New Hampshire Unmasking Test (from the Mortgage Specialists Case)The NH Supreme Court laid out a clear, balanced framework:
  1. Notice — Make reasonable efforts to notify the anonymous poster (typically by posting a court-approved notice on the same threads or pages where the comments appeared, giving them time to respond anonymously).
  2. Prima Facie Case — Show the court evidence supporting each element of defamation: a false statement of fact, published to others, fault (usually negligence), and resulting harm.
  3. Balancing Test — The judge weighs your need for the identity against the speaker's First Amendment right to anonymity.
If the court agrees, you get authority to issue subpoenas.
 
Read the full opinion here:
 
 
Step 4: Use Subpoenas to Reveal the Identity
 
With court approval you can subpoena:
  • The platform (Google, Facebook, Yelp, etc.) for account details and IP addresses.
  • The ISP for the subscriber's name and address at the time of the posts.
The ISP will usually notify the account holder, giving them a chance to fight the subpoena anonymously. This process can take several months, but it works when the case is strong.
 
Step 5: Serve the Papers and Proceed:
 
Once you have the real name, amend the complaint, serve the defendant properly, and move forward with the lawsuit. Many of these cases settle shortly after the troll is unmasked — few people want their identity tied to nasty online attacks in open court.
 
Realistic Advice from a Practicing NH Attorney
  • Costs: Expect legal fees for filing, motions, and subpoenas. Strong evidence of actual business harm makes the investment worthwhile.
  • Success: Pure opinions are protected. Repeated, damaging false statements tied to verifiable facts have a much better chance.
  • Alternatives: Sometimes a strong demand letter, platform reporting, or professional reputation management is enough. Ignoring low-visibility trolls can also be the smartest move.
Bottom line: New Hampshire's approach under the Mortgage Specialists decision is fair. It protects real anonymous speech while giving honest businesses and individuals a legitimate way to fight back against harmful lies.
 
If you're dealing with an internet troll hurting your business or reputation in New Hampshire, don't wait. Document everything and contact an experienced attorney promptly.
 
Contact my office today for a consultation: (603) 622-7575
Visit: www.josephkellylevasseur.com  
 
Attorney Joseph Kelly Levasseur, PLLC – Manchester, NH
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