Posting a negative review online can get you sued

EvilEyeFleegle

Dogpatch USA
Gold Supporting Member
Nov 2, 2017
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Twin Falls Idaho
Who would have thought? The types of lawsuits need to be legislated against..not sure how--maybe a 'show cause' component to civil lawsuits? A minimum standard for actions? I'm not a lawyer..so I don't know--but large companies do this all the time...sue just to break you financially..never mind the frivolous nature of the suit.


Posting a negative review online can get you sued


"Posting reviews has become second nature for many consumers nowadays – 82 percent of adults say they read online reviews at least some of the time, according to a Pew Research Center Study – so when they have a bad experience with a business, up goes a review, to share it with others.
But for one man in Florida, what he thought was a simple review turned into a year-long battle in court.
"I never thought I'd be sued over anything that I write. There's no reason to say anything but the truth," said Tom Lloyd, of DeLand, Florida. But Lloyd said telling the truth got him in trouble.
His ordeal began when his 10-year-old poodle Rembrandt suddenly fell ill last year. Lloyd rushed him to nearby DeLand Animal Hospital, where he says he was told the dog needed immediate surgery for what was probably a ruptured spleen.
"I said, 'You're going to do this right now?' And he said, 'Yeah,'" Lloyd recalled.
But six hours later, he says, the clinic told him to come pick Rembrandt up: that they'd been unable to find a surgeon. He took the dog to a second clinic but says he was told it was too late – Rembrandt would need to be euthanized.
"It isn't like there's a closure," Lloyd said. "He deserved a chance and they didn't give him a chance. If he would have died on the operating table, I would have understood."
Afterwards, he posted a review on Yelp, writing "The staff had wasted six hours of Rembrandt's life and destroyed whatever chance he may have had to live. Our Rembrandt deserved a better last day."
Weeks later, DeLand Animal Hospital and veterinarian Thomas MacPhail sued Lloyd for defamation, alleging his statements were "false" and "published maliciously and recklessly."
Lloyd said, "I'm finding out that isn't always cheap to give an honest review, because if the other person has money, they can drive you in the ground."
When "CBS This Morning" spoke with him in May, Lloyd owed $26,000 in legal bills, more than his $20,000 yearly Social Security income.
And he's not the only person who's been sued. Last year, a New York woman was sued by her doctor for $1 million for posting negative online reviews. A man in Kansas was sued over a three-star Trip Advisor review of a theme park, and a South Carolina woman was sued by a restaurant she claimed refused to honor a coupon.
"We're seeing a rise in individuals being sued for speaking out online," said Evan Mascagni, who works for the Public Participation Project. He says many lawsuits are designed simply to intimidate. They're called "SLAPP" lawsuits (for Strategic Lawsuit Against Public Participation).
"A SLAPP filer doesn't go to court to seek justice; they are just trying to silence or harass or intimidate a critic of theirs," Mascagni said."
 
Amazon got ahead of this by deleting negative reviews on Hillary Clinton's account of 'What Happened?'.
I was not aware that this was the political forum?

I was not aware there was a stick up your ass.
There are no doubt many things that you are unaware of..in your monomaniacal fixation on a has-been politician named Hillary. I don't like it when idiots hijack threads...are you so stupid that you cannot respond to the actual topic? No need to answer..the question was rhetorical...the answer being self-evident.

Oh yeah..go fuck yourself.

I made an on-topic post and you were triggered. I can live with that.
 
Amazon got ahead of this by deleting negative reviews on Hillary Clinton's account of 'What Happened?'.
I was not aware that this was the political forum?

I was not aware there was a stick up your ass.
There are no doubt many things that you are unaware of..in your monomaniacal fixation on a has-been politician named Hillary. I don't like it when idiots hijack threads...are you so stupid that you cannot respond to the actual topic? No need to answer..the question was rhetorical...the answer being self-evident.

Oh yeah..go fuck yourself.

I made an on-topic post and you were triggered. I can live with that.
Your post was not on-topic..and you know it..if anyone was 'triggered', it was you. You just made a stretch to put in a slam on Clinton..and Amazon. Too much of a coward to admit it? I can live with that.
 
If someone sues you for telling the truth, then you sue them right back!
 
I would countersue.
Which is what he did..and won....but his bills were more than his yearly income....and the hospital changed ownership..effectively negating any payout to him.
He didn' get lawyer fees in his settlement? How odd.
No legal entity to pay the judgement. Hospital under new management. Not sure how that works..and i hope he gets relief, in the end. Many do not..sad but true.
 
I would countersue.
Which is what he did..and won....but his bills were more than his yearly income....and the hospital changed ownership..effectively negating any payout to him.
Was the sale simply a ploy to avoid payment?
Maybe..but who could prove it?
Need a good gumshoe for sure ..which is more money. Me I'm vindictive enough time and money become irrelevant in legal fight
 
What grounds are they suing under? The only thing I could imagine is defamation and the truth is an absolute defense to defamation.

I've posted positive reviews for people & companies who have helped me but I've also asked for other consumers who had negative experiences with some of the companies I've had problems with to contact me. Sometimes I've discussed legal options that can be taken against the companies on a public message board however that's not actionable, but from the sound of it, these companies don't care that they don't have a valid legal claim their only goal it would appear is to wear out the defendant and cause them to exhaust all of their resources fighting them.
 
Who would have thought? The types of lawsuits need to be legislated against..not sure how--maybe a 'show cause' component to civil lawsuits? A minimum standard for actions? I'm not a lawyer..so I don't know--but large companies do this all the time...sue just to break you financially..never mind the frivolous nature of the suit.

Was it frivolous? The man essentially accused an animal hospital of killing his dog.

For Small businesses rely heavily on reviews, the fact is, reviews are kind of important and they should be treated like any other journalism- subject to libel laws if the claims made are not true.

The cases cited in the article, only one was a large business. The others were a gynecologist and veterinarian. .

That said, I see a lot of problems with how the current system runs. There was a movie called "Billion Dollar Bully" on how Yelp manipulates reviews to get people to buy advertising.
 

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