TechCrunch just published a great article on a reviewer who is now being faced with defamation charges and a lawsuit of $750,000 over what is claimed to be a fake review online! The issue is so big that even CBS News is covering the story.
The reviewer posted a review online on what she saw as a poor job on “cosmetic work” she hired a home contractor to complete. Her response for making this comment is a lawsuit, and what is now even a larger issue: a violation of her rights of freedom of speech.
The former client has already been sentenced to remove her review. The (SLAPP) Strategic Lawsuits Against Public Participation is the platform in which the home contractor is using to sue the former client. The SLAAP is a retaliatory law that is “intended to silence, intimidate, or punish those who have used public forums to speak, petition, or otherwise move for government action on an issue.” (Legal definition of SLAPP)
This raises a few issues. On one hand, a customer has the right to review something, whether it is a product they purchased or review on a job they hired. However, on the other hand, seems if you make a bad business review, the price can be well…. $750,000!
The former client apparently presented photos of proof of what she saw as a poor job, but the home contractor is coming full force, denying any wrong-doing and claiming over $300,000 in damages in his company as a result of the negative review. The review also “suggested” he stole jewelry as well. The judge has in the mean time ordered the removal of the review and claim of theft.
So, if a reviewer makes a negative review, they can then be sued in response? But, if a lie is published in a review and damages a business, what happens? Sue? Be made to remove your review, by legal force? This particular case is still not settled but raises a lot of questions and concerns about reviews and fake reviews, what is legal and what is not, how one can be punished or if they should not and lastly, what is violating freedom of speech or protecting it.
We will make sure to continue researching to keep you informed on fake reviews and what is happening today.
Check out the article and CBS New’s Report here: https://techcrunch.com/2012/12/07/yelp-reviewer-gets-slapped-with-750k-lawsuit-and-takedown-order/
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