News & Analysis as of

Online Reviews

Negative Reviews: Seeing Stars or Trolls? Here's What You Can and Can't Do

by Lewitt Hackman on

Trolls aren’t just fictional creatures living under bridges in fairy tales – today they are anonymous but highly visible creatures plaguing individuals and businesses on social media. They’re angry, vindictive and financially...more

Consumer Review Fairness Act’s Point of “No Return”

On December 14, 2016 the United States Congress passed an act known as the “Consumer Review Fairness Act of 2016” (“CRFA”). The stated goal of this new legislation is “to prohibit the use of certain clauses in form contracts...more

Negative Reviews: Franchises Pursuing Truth, Justice, & Defamation Claims

by Lewitt Hackman on

Franchised businesses, particularly restaurants, hotels, automotive servicers and others have been falling victim to the digital age. Many consumers now choose the places they do business based on what they read on Yelp,...more

OTA & Travel Distribution Update - March 26th, 2017

by Garvey Schubert Barer on

This week’s Update for the week of March 26, 2017 is below: Airbnb cracks down on San Francisco hosts, booting out hundreds - Revitalization Partners, Mar 24, 2017 - Home-sharing company Airbnb says it has evicted...more

Customer Preference-Based Discrimination in the Information Age

by Zelle LLP on

Customer preference is never a justification for discrimination in employment. That’s been well-settled law for decades. A male ultrasound technician cannot be terminated because patients prefer female technicians. An...more

Food Fight: Two Sides to Every Chicken Filler Story

by Lewitt Hackman on

The Canadian Broadcasting Corporation (CBC) recently aired a segment reporting that real chicken content in Subway sandwiches amounted to a lot less than what the average consumer would expect. The network commissioned DNA...more

Don’t Like Negative Reviews? Read This Before You Delete Them

by Kelley Drye & Warren LLP on

Late last year, the Consumer Fairness Review Act became law, placing new restrictions on what companies can include in form contracts that impede consumers’ ability to communicate honest reviews of products, services, and...more

What the FTC Wants Businesses to Know About the New Law Protecting Consumers’ Rights to Post Negative Online Reviews

by Dorsey & Whitney LLP on

In a recent blog post, we introduced you to the new Consumer Review Fairness Act (CRFA), which prohibits businesses from including non-disparagement or “gag” clauses in their form contracts. The CRFA goes into effect...more

Advertising Litigation Report: Vol. 2, No. 1

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016)...more

Got Customer Reviews? What to Do Now That Consumer Review Fairness Act Is Law

A new federal law pertaining to customer reviews means companies may soon need to revise their standard-form contracts or website conditions of use with customers who purchase goods or services. The Consumer Review Fairness...more

New NAD Decision Addresses Product Reviews

by Kelley Drye & Warren LLP on

The NAD recently announced a decision that touches upon various issues related to consumer reviews, including how paid endorsements should be disclosed, a company’s responsibilities regarding the content of endorsements, and...more

New U.S. Federal Law Prohibits Contracts With “Anti-Yelping” Provisions

by Hogan Lovells on

Late last year, President Obama signed into law the Consumer Review Fairness Act (“CRFA”). Intended to protect individuals who write unflattering online reviews of businesses, the CRFA voids contractual provisions in form...more

New Federal Law Protects Consumers’ Right to Post Negative Online Reviews

by Dorsey & Whitney LLP on

In the digital age, online reviews of a business are often the first place consumers turn to in order to gather information about a business, such as a restaurant, retail store or even a professional service provider. It is...more

Alert: New Federal Law Prohibits Non-Disparagement Provisions in Form Contracts

by Cooley LLP on

A new federal law provides protection for US consumers who post negative reviews online.1 The Consumer Review Fairness Act of 2016 (the "Act") prohibits companies from including provisions in their form agreements that ban or...more

Client Alert: Action Needed by Organizations whose Websites allow User Postings

by Hodgson Russ LLP on

Businesses and nonprofits that operate a website or other online presence (mobile app, blog, portal, game, etc.) where users may post content (for example, in a user forum) will need to take action in 2017 in order to obtain...more

Online Reviewers Get New Protections

by Ifrah PLLC on

Your business booked a large charity event. However, the customer contact turns out to be a nightmare. She complains (during and after the event) that the service was slow, the food looked and tasted like a frozen meal, and...more

New Jersey Prohibits Company from Contractually Banning Online Customer Reviews

by Reed Smith on

This week, NJ Attorney General Christopher Porrino and the Division of Consumer Affairs settled with Fertility Bridges, Inc., a fertility clinic operating in California and Illinois, over the clinic’s practice of...more

New Laws Criminalize Online Ticket Bots and Protect Consumers’ Right to Review

by Reed Smith on

Earlier this month, President Obama approved two pieces of consumer protection legislation aimed at curbing the use of automatic programs to purchase tickets through online sellers and limiting the ability of companies to use...more

Consumer Review Fairness Act

by Taylor English Duma LLP on

On December 15, 2016, President Obama signed into law the Consumer Review Fairness Act (CRFA). Effective immediately, the law prevents companies from contractually prohibiting their consumers from “disparaging” them in any...more

Protecting the Right to Complain: The Consumer Review Fairness Act of 2016

by Davis Wright Tremaine LLP on

On December 14, 2016, President Obama signed into effect the “Consumer Review Fairness Act of 2016” (the “Act”), making it more difficult for businesses to bring lawsuits over negative reviews. The Act, which passed with...more

Congress Voids Form Contract Provisions That Impede Consumer Reviews

by Allen Matkins on

To paraphrase William Somerset Maugham’s Of Human Bondage, businesses may ask you for a review, but they only want praise. Indeed some businesses have tried to ensure only good reviews by including non-disparagement clauses...more

Social Media and Georgia’s New Anti-SLAPP Statute

by Arnall Golden Gregory LLP on

These days, one of the most effective ways to advertise your business is through social media platforms such as Facebook, Instagram, or Twitter. At virtually no cost, social media allows you to conveniently market your...more

The Freedom to Yelp: Congress Curbs ToS Overreach

Worried about a company retaliating against you when you post a negative review on Yelp or TripAdvisor? Worry no longer because Congress has your back. Last week, Congress passed a law that will make it illegal for companies...more

The Freedom to Yelp: Congress Curbs ToS Overreach

Worried about a company retaliating against you when you post a negative review on Yelp or TripAdvisor? Worry no longer because Congress has your back. Last week, Congress passed a law that will make it illegal for companies...more

NY Medical Providers: Use Caution When Soliciting Positive Reviews on Consumer-Review Websites

by Farrell Fritz, P.C. on

Consumers often seek online reviews of a business on platforms such as Yelp, CitySearch, Yahoo and Google Plus Pages before purchasing products or services. This includes patients seeking online reviews of a physician or...more

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