I’m a somewhat frequent contributor to Yelp. Recently I received an anonymous email last night from someone threatening legal action if I don’t remove a negative review I have left for an old landlord. I was also told to remove my husband’s review of the same entity, as if I have the power to censor him. I’m told I have 72 hours to do this or I will be sued for defamation. Also, the review can not appear in any form anywhere else or I will be sued apparently, which is a veiled bully threat to permanently bar me from saying anything about it at all and infringing on my future free speech.
I wrote back asking the email author’s full name, title, law office and phone number. So far, I have not had a reply. It’s hard to take someone seriously when they don’t include a professional letterhead of some sort. But I do take threats seriously. As a content provider, and these days we ALL are, we need to be smart about it so we can protect ourselves, understand our rights, and respect the rights of others.
I’ve consulted with a few lawyer friends, and did a bit of research in Yelp forums and and talked to a few Yelpers who have also been threatened with legal action. I also notified the Yelp legal department and hope to hear from them soon. I will do whatever they tell me to do.
One Yelper told me she has been threatened several times with legal action and is being harassed by a business owner who is now trying to sabotage her business. So far, no one has successfully sued her. She was even threatened by a lawyer she wrote a negative review of. This Yelper has given me some good advice, which was given to her by the Yelp legal team. I will share this with you here:
"I’ve been threatened and served with papers at least five times for negative reviews on yelp now. It can be really stressful dealing with lawyers and angry business owners, but no, I have never removed my reviews. I think people deserve to be warned about the baddies out there and i have a right to post my experiences. Thanks to yelps legal department, I amended them and learned how to write negative reviews that don’t expose me to so much harassment.
Here is the basic formula; No personal insults, slurs or profanity. No generalizations. I.e. You can say that she scammed you (specific to your experience) but you can’t say she is a scam artist (general slander that you can not prove and exposes you to lawsuit).
Basically, you want to tone down the rhetoric and opinions and stick with a (fairly clinical) account of what happened."
For my fellow Yelpers, and other users who write online reviews or blog, it can be helpful to understand what exactly IS libel, slander, defemation, etc. The internet has democratized content creation. Anyone can do it. We, the general public, might not be privy to legal standards that professionals know, and being ignorant can make one a target for the litigious-minded. Therefore I am posting a few links that have recently been sent to me. I hope this helps someone! Anyone can create content, but content comes with responsibility.
There is also this useful bit of info, directly from Yelp’s Myths page. It is Myth #7:
"Myth #7: Yelp reviewers get sued regularly by business owners for writing negative reviews
Reality:
Freedom of speech is a well-protected right, whether that speech is online or in any other form. As a result, reviewers are well within their rights to express their opinions (ranging from “I love the ambiance” to “The cashier was rude to me”) and relate their true experiences (“I ordered the shrimp scampi” and “The doctor wouldn’t accept my insurance”). Some of the most successful business owners on Yelp use their free business owner’s account to contact positive and negative reviewers alike, even when they feel a review is unfair or incorrect. Reviewers are usually thrilled to get a well-meaning response. The handful of business owners who have pursued the “nuclear option” of suing someone over a negative reviewer have met with little success, high legal bills, and a lot more attention focused on the negative review than they originally bargained for. When that happens, we make it a point to involve ourselves early on to protect the rights of legitimate reviewers."
As it stands now, I will act on the advice I have received and remove some content that could be construed as troubling. I do want to make an honest attempt to be of good faith and will do so in the future. But I am leaving the post up according to my right to free speech – I do have the right to share my factual experience. If Yelp advises me to remove it, then I shall. But I’m not going to cower because I received a threatening email from a stranger who won’t identify him or herself. Also, I believe I am contributing to the public’s right to be informed when purchasing goods and services.
More information from Yelp’s site about leaving negative reviews and possible legal ramifications.
Can I be sued for what I post on Yelp? on Ask a Cyber Lawyer.
A recent ongoing lawsuit against a Google reviewer
Reviewer sued over chiropractor review
Business Owner v. User Suit: Settled on Yelp’s Official Blog
Lesson learned? Be reasonable in your critiques of a business. Be fair. Be truthful. Steer clear of exaggeration and embellishment. If you receive a threatening notification threatening legal action about your negative review, do realize most of them are bluffs. But do yourself a favor and educate yourself about defamation laws in your state before posting. Remember that small businesses are involved, and many of them want to do better, and we can help them do that. An unfair review can put someone out of business. But if your experience is truly horrific, the dispassionate TRUTH is all you need to share.
It all comes down to intentions. Are you trying to “get back” at a business in a spirit of spiteful revenge, or contribute to the benefits of an educated consumer and a concerned business owner? A judge in court will assess your intentions within context. Avoid that by judging your own intentions before you post.
Do you have an experience you’d like to share? I’m slow to moderate the comments, but please leave one to add to the conversation. I’m also open to any criticisms or corrections.