Lawyer Who Sues Yelp Admits He Had No Idea About Section 230 Safe Harbors
from the great-moments-in-lawyering dept
Last week, we wrote about a defamation lawsuit over a review on Yelp, which seemed to backfire -- bringing a lot more attention to the negative review than if left alone. That case actually was settled soon after, but yet another defamation lawsuit has been filed by yet another person -- this time a dentist -- over a negative review. There are a few things worth commenting on about this lawsuit, but the big one that caught my attention is that the lawsuit was filed both against the couple who wrote the review... and against Yelp.Now, as pretty much everyone knows around here, filing against Yelp is a big no-no. Yelp is clearly protected by section 230 safe harbors that make third party service providers immune from liability for actions of their users. This is pretty widely known among anyone involved in anything having to do with internet law... but was not known by the lawyer who filed the suit. In fact, the lawyer admits in the article above that he "wasn't aware" of the law and will probably drop the suit against Yelp now that he knows about it. But, it certainly raises questions about the lawyer if he was totally unaware of a key piece of internet legislation before filing such a lawsuit.
Then, there's the bizarre response from the dentist, replying to the point that Yelp lets the service providers directly contact those who write negative reviews to try to clear up the problem. The dentist says: "I would be very upset and would not know what to say to them." Fascinating. So, rather than talking it out as adults and clearing up any misunderstanding (and from the sound of it, it was a basic misunderstanding), she jumps straight to the lawsuit stage? She doesn't know what to say to them, but has no problem dumping a lawsuit on them. Isn't America great?
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Filed Under: liability, section 230
Companies: yelp
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Re:
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I could has a law practice?
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Note to self
always use fake information when writing reviews online.
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This sounds like something out of one of those hilarious radio adds on Grand Theft Auto.
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Re:
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Internet Defamation
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Re: Internet Defamation
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Re: Internet Defamation
Don Wachter (661) 714-0771
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Re: Internet Defamation
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Shake Down
I am in no way making a judgment on this case but the damage caused by a service provider not investigating or monitoring such abuse can be significant.
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Re: Shake Down
Maybe it should be up to the service provider (Yelp, in this case) to mediate and make sure the two parties can come to an agreement - not involving free services, or completely removing the negative review, but instead maybe just having the user modify the review, taking out words like "dishonest practices" and other more aggressive claims, and just stick to, "this place sucks, don't go there" and give it 1 star.
I don't know, it's going to be interesting to see how this issue pans out over the coming years. Certainly could make or break the review sites...
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Re: Re: Shake Down
I think the dentist (or whoever) should be allowed to respond on the site. If they go crazy and put in all caps profanity or some such, they're shooting themselves in the foot and get what they deserve. If they offer a reasoned counterpoint or even an apology and offer of recompense of some kind, they'll come off well. Perhaps even get creative - come on in, mention this bad review for a 10% discount. If the service provider has nothing useful to say in response to the review, I think that should be the end of the story (although of course they always have the option to sue, regardless of the web site's policies and practices).
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sue happy
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A judge should send them back to negotiation
If I were the judge assigned the case (and I've seen this happen in court), I'd first ask,
"Have you tried to resolve this with each other?"
If the answer is, "No," as the dentist seems to say, then I, as judge, would reschedule for a month, letting the parties know in the strictest terms that I'm miffed and don't like being used as the first line of communication between parties. If the case is not dropped by the month, I'd want a very complete explanation of the attempt to resolve. Then the case could proceede.
It really is up to the judge how silly and inappropriate these things can become.
However, I've also seen judges complete loose it and act on a clear misunderstanding (to coin a phrase!), and I've also seen judges "play" with a case no end for their own entertainment.
So it goes both ways, er, all ways:
- silly plaintiffs,
- silly lawyers,
- silly judges,
- silly laws.
It's never ending. People are like that. Always have been. Always will be.
People.
Can't live with 'em, can't sue without 'em! ;-)
.
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Earlier: "... the damage caused by a service provider not investigating or monitoring such abuse can be significant ..."
Same with the phone company versus phone fraud, the booze and car companies and drunk driving, and so on.
Sorry.
Free speech = responsible speech, and the service provider didn't do the talking!
.
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Law
If existing laws are not challenged, how do you think changes or a presidence is set?
He should continue to sue Yelp for harboring and hosting liars, stalkers and fake reviewers.
Perhaps the safe harbor laws needs a second look for such behavior on behalf of the host who uses those bad reviews as a way to sell advertising by offering to remove them or push them to another position on the web page.
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The cartel
http://www.modernmedicine.com/modernmedicine/Modern+Medicine+Now/Safety-net-Doctors-cont ract-with-patients-to-avoid/ArticleStandard/Article/detail/563269?contextCategoryId=40145
This sort of contract would be acceptable if the market for medicine were free and consumers had power. But doctoring is a state-imposed cartel, so consumers already have but slight power, and this contract reduces it further. Imaging if all retailers were to make as a condition of sale that consumers could not make negative comments about them.
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lawyer suing yelp
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Attorney directory
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find lawyer
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What an Idiot
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Yelp is responsible
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Re: Yelp is responsible
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Re: Yelp is responsible
1 is the suit over a bad review , which is silly because everyone is entitled to their opinion especially if they paid for a product or service.
The 2nd issue is the endless amount of small business owners who feel they are being shaken down by Yelp for advertising money in exchange for better "policing" of their yelp page.
I personally have a loved one that is falling victim to this , which is how i ended up on this page. This story is from 2009 , here it is 2013 and the same thing is still happening.
Calls for advertising money from Yelp sales , followed complaints about unfair policing on yelp. Sounds like Yelp's originally business model wasn't working and this process came about somehow.
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Re: Re: Yelp is responsible
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Some Lawyers are a joke
In response to Janet- yes, Yelp can be quite the entity to work with.
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Should have done some research
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jfkdjfk
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Another Lawsuit
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Pick your fights
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Lawsuit
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I want to sue yelp
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Review Yelp !!!
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YELP HELPS NEGATIVE REVIEWS & IS ANTI-BUSINESS! DO NOT SIGN UP WITH THEM EVER!
We were unable to delete our account because we got an E-mail from YELP that our account had opened few other accounts and hence we had to be removed!
Now we have another posting that a person left naming the patient in front of him breaking the HIPP privacy rights of the patient. I have personally written a 100 letters to YELP to remove this comment and to delete our account yet one more time, ( our new marketing person was unaware our previous problem with yelp and had opened an account), NO RESPONSE from Yelp.
Yes yelp may be protected by the 230 safe harbor law but guess what the climate is changing and Yelp is now participating by encouraging the negative comments by removing the positive one and leaving defaming, slandering and fake posting on hence depending on a judge and court they can be found responsible as well in the eyes of LAW!
Who is YELP to keep negative postings of hard working doctors and dentist because some IDIOT didn't like the services or didn't want to pay hence decides to leave nasty comments to ruin reputation of these harding working people?
SHAME ON YOU YELP, I HOPE YOU get bought over by some other company and FAIL because YELP is a HORRIBLE site with the MOST HORRIFIC costumer services who just wants to Rip you off!
HOW IS THAT FOR A REVIEW YELP???????????????
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YELP HELPS NEGATIVE REVIEWS & IS ANTI-BUSINESS! DO NOT SIGN UP WITH THEM EVER!
We were unable to delete our account because we got an E-mail from YELP that our account had opened few other accounts and hence we had to be removed!
Now we have another posting that a person left naming the patient in front of him breaking the HIPP privacy rights of the patient. I have personally written a 100 letters to YELP to remove this comment and to delete our account yet one more time, ( our new marketing person was unaware our previous problem with yelp and had opened an account), NO RESPONSE from Yelp.
Yes yelp may be protected by the 230 safe harbor law but guess what the climate is changing and Yelp is now participating by encouraging the negative comments by removing the positive one and leaving defaming, slandering and fake posting on hence depending on a judge and court they can be found responsible as well in the eyes of LAW!
Who is YELP to keep negative postings of hard working doctors and dentist because some IDIOT didn't like the services or didn't want to pay hence decides to leave nasty comments to ruin reputation of these harding working people?
SHAME ON YOU YELP, I HOPE YOU get bought over by some other company and FAIL because YELP is a HORRIBLE site with the MOST HORRIFIC costumer services who just wants to Rip you off!
HOW IS THAT FOR A REVIEW YELP???????????????
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Re: YELP HELPS NEGATIVE REVIEWS & IS ANTI-BUSINESS! DO NOT SIGN UP WITH THEM EVER!
Other companies (many) that have stood behind this law have been torn to shreds by competent attorneys in the past.
Any time such a company encourages or supports unfair activities, they are subject to consequences. The simple act of charging for a service and then prioritizing any one review negative or positive, over another is a manipulation and destortion of the truth. This is actionable by law.
To the extent that any purposeful distortions affect business, and the resulting tax base, negatively, Yelp can be found accountable.
Once there is sufficient cause, and of course potential for financial gain, a reputable law firm will file a viable class action. I am aware of one at least that is waiting patiently.
If Yelp continues these practices, they will have their day in court. And they will lose.
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Competitors
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Yelp is not a simple reporter of facts
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yelp is jewish
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Why are you defending yelp?
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Liable
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YELP - Method for holing Yelp Libel for damages is Assault
Being invited to an area of contention with those whom which to do one harm (ones' business) is assault, and not just a defamation claim, per the law the which the Clinton's are responsible which protect ISP provider.
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