Posts Tagged: CDA

Take That Down: Recent Lawsuit on Negative Reviews

“Beer: The cause and solution to all of life’s problems.”

Mr. Homer J. Simpson would love the recent case of a Massachusetts craft beer company that has been trying in federal court to get the employment website Glassdoor to turn the taps off and take down negative reviews about the company.  Craft Beer Stellar filed an amended complaint in the District of Massachusetts, which is now subject to a motion to dismiss filed on May 11.  The claims, defenses and legal issues raised are exactly what you would expect in a fight over negative online reviews.

For a refresher, we have previously addressed the issue of negative online reviews here and here. (more…)

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Court Says Too Bad to Bad Online Reviews

Yesterday, the Ninth Circuit Court of Appeal dismissed a lawsuit against Yelp! by a disgruntled business that received a one-star rating from a customer, upholding the protection provided to online providers under the Communications Decency Act (CDA).

Douglas Kimzey, the owner of a locksmith business, received a review from “Sarah K” in 2011 stating, in part, “THIS WAS BY FAR THE WORST EXPERIENCE I HAVE EVER ENCOUNTERED WITH A LOCKSMITH.  DO NOT GO THROUGH THIS COMPANY.” (All caps in original). And she gave the company a one-star rating. One-year later, the company posted a comment under Sarah K’s review, stating “Yelp has posted a fraudulent review on our business” and posted a link to essentially the same “review posted about a fraud operation” of a similarly named company. Game on! Sarah K then posted an updated review confirming that she dealt with, and meant to review, Mr. Kimzey’s company and had “the receipt to prove it.” (more…)

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