Once Again, Yelp Not Liable For Reviews Someone Doesn't Like
from the how-many-more-times? dept
It's really quite stunning how frequently people sue review sites because they're unhappy about reviews of their business. You would hope that the lawyers these upset business owners use would know better -- but all too often the lawyers appear to be totally unfamiliar with Section 230 of the CDA and with the basic concept of properly applying liability to the party who actually did the action. And every time this happens, the case gets thrown out on 230 grounds. It's happened yet again, with a dentist having a case against Yelp dismissed thanks to Section 230. Sometimes we do see some creative lawyering to try to get around Section 230, and this time, beyond the basic defamation claim, the lawyer tried to also claim "deceptive practices" (under NY state law). The problem there is that the law in New York applies to "consumer-oriented statements," and the complaint was about inaccuracies in statements that were meant for small business owners. As Rebecca Tushnet notes:However, the CDA doesn't contemplate protecting Yelp's use of speech as leverage in its business model. Reit alleged that Yelp provided deceptive terms on its website, encouraging both businesses and individual users to believe that the reviews are not manipulated by Yelp. Also, Reit alleged that Yelp's sales force used negative reviews on the site as leads for new ad business, and that sales reps told business owners that, if they paid for ads, the reps would assist in deleting negative reviews. But if a business owner refuses, Yelp would delete positive reviews. Yelp's guide for business owners stated "We remove the guesswork by screening out reviews that are written by less established users. The process is entirely automated to avoid human bias," and yet the system is not entirely automated. This allegedly deceived the public by representing that reviews are ordered, reviewed and removed by computers, and not manipulated by people. Reit referred to class action suits against Yelp of which he is not a member, and did not allege that he was a victim of this conduct.
The General Business Law bars deceptive acts or practices in the conduct of business and false advertising, giving a private right of action to any person who's been injured; a plaintiff need not be a consumer, but must allege consumer-oriented conduct that is materially misleading and that resulted in injury. However, the identified statement by Yelp isn't addressed to individual consumers seeking dentists, but to business owners. "Yelp's statement is not materially misleading to a reasonable consumer seeking dentistry, and is not a deceptive practice." Likewise, deleting postings for the purpose of selling ads would be business conduct, not consumer oriented conduct. Thus, the claim was dismissed.
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Filed Under: defamation, section 230
Companies: yelp
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Unfamiliar? Yeah Right...
ometimes we do see some creative lawyering to try to get around Section 230...
That's it right there. Maybe its because they've watched too many episodes of Law & Order but lawyers know full well about Section 230 protections. If they weren't familiar with it they why do they fight so hard to get around it?
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Business as usual for Yelp
On the flip side, it would be nice to have some competent lawyers blow Yelp out of the water.
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Re: Business as usual for Yelp
However, finding out that Yelp deletes positive reviews if a business doesn't advertise with them and deletes negative reviews if a business does, totally ruins their credibility as a review site to me.
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Re: Re: Business as usual for Yelp
The fact that they will conceal or promote certain views, i.e., thus alter a restaurant's ratings for money is tantamount to deceptive business practices. Furthermore, contacting individual restaurants for money to garner positive reviews is extortion. And if they are altering reviews to make a restaurant appear in a more negative light, I would argue that's libel because they are intentionally misrepresenting a restaurants rating.
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The New Mob
I have a friend who is monitoring ads on a local business with a lot of lawsuits. She found a negative ad and copied it. That ad is no longer available to patrons who might have been warned--and it really wasn't that negative--just unhappy. Customers now think that location has only Happy-Happy customers, while who knows how many negative reviews have been removed that they'll never see or know about.
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Easy Money
(AHEM)
For a small fee of $9.95, Techdirt will happily delete this review and give you a positive image. Order today!
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YELP!
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Re:
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Yelp = Scam business
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Re: Yelp = Scam business
As a business owner you are in prime position to fight this thing! I suggest you start with a BBB and FTC complaint and then I would even look into contacting your local DA's office. I still don't understand how this isn't illegal by any normal standards.
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YES
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Yelp reviews - Relief finally!!!!
We did it all in a few minutes and never have to care again about Yelp ot any other review sites affecting our business.
Just go to unyelpme.com and read the one page there and you'll undertand in a few minutes.
We think it's fabulous!
Good luck all!
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People in over seas pull down dictators by putting their lives on the line, why can't we have an organized demonstration to bring light and attention to this?
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