SCUTT LAW PLLC

The Supreme Court of the United States has denied hearing (Certiorari) in January of this year on a case of internet defamation arising out of an online review on ISP provider Yelp out of California. In the matter (that proceeded though the California Court system all the way to the California Supreme Court), a law firm complained of an internet review on Yelp was defamatory where it was posted by a reviewer that the firm deserved less than one star.

Yelp’s policy is to remove reviews that violate its terms of service and are defamatory. However, in this instance, Yelp did not agree that the review violated its terms of service and was defamatory. So, the review remained live (and still does). The Supreme Court of California, on a 4-3 decision, reversed the California Court of Appeals, First District, Division Four, left Yelp free to decide when to leave third-party statements on its website and when to remove them, citing that the court protects a law “intended to promote online discourse and industry self-regulation,” Chief Justice Tani Cantil-Sakauye.

So, as for now, at least out of California, non-legal remedies may be the best way to approach handling poor review removal from the internet. Online reviews are clearly important to companies: for consumers under 55, almost 60% say that they “always” use online reviews in making purchasing decisions with another 34% report that they “sometimes” make reviews. BBB, February 14, 2019. “BB Trust Sentiment Index: 2017 Report.” So, getting assistance in this area if your business is being painted in a negative light is crucial for success.

An Attorney experienced in this area can be critical–as sometimes it may take a different approach to help solve the problem. Please feel free to call Scutt Law, PLLC for a free consultation.