News & Analysis as of

Online Reviews

Prosecuting Online Trolls Part 1: What To Do When Faced With Anonymous Online Postings

by Weintraub Tobin on

It happens all too often. You work tirelessly to promote your business by doing good work, delivering good products and services. Then you find an online posting with demonstrably false information about your business....more

Haters Gonna Hate: Tactics To Avoid When Responding To Bad Customer Reviews

by Fox Rothschild LLP on

Customer feedback is a two-way street. On the one hand, positive customers reviews can inspire trust in potential new customers who might otherwise be apprehensive about purchasing products or services from an unfamiliar...more

Tatcha v. Too Faced: What Shade is your Trade Dress?

by Knobbe Martens on

Newcomer to the luxury cosmetics marketplace, Tatcha LLC (“Tatcha”), recently made a splash by filing a trade dress infringement lawsuit in the Northern District of California against Too Faced Cosmetics LLC (“Too Faced”), a...more

Troll Hunting: Practical Strategies for Businesses to Combat Anonymous Online Trolls

No matter the business you operate, modern commerce increasingly takes place online, rarely putting the consumer and your business face-to-face. A recent study revealed that approximately 80% of American consumers buy...more

California Employers May Sue For Online Defamation

by Fisher Phillips on

The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as glassdoor.com or vault.com, or on customer review...more

First District Court Of Appeal Strikes Small, But Meaningful, Victory For Businesses Combatting Online Libel.

by Weintraub Tobin on

Just last week, California’s First District Court of Appeal handed a small, but meaningful, victory to businesses that resort to litigation to defend their reputations against anonymous, online attacks. In ZL Technologies,...more

Yelp! Negative Online Consumer Review Protected as Opinion, Not Actionable Libel

by Dorsey & Whitney LLP on

We have discussed here before new federal legislative protections that are in place to give consumers wide latitude to post online reviews of businesses, whether they be good or bad. A recent decision of the Appellate...more

Higher Regional Court of Cologne: Customer review with care – they could be advertising

by Hogan Lovells on

The Higher Regional Court of Cologne decided in its ruling of May 24, 2017 (OLG Köln 6 U 161/16) that the publication of customer reviews on a company website may be considered as advertising in the classical sense...more

FTC Settles Claims Against Trampoline Companies Over Online Reviews

by Reed Smith on

The Federal Trade Commission (“FTC”) last week agreed to settle charges levied against the marketers of Infinity and Olympus Pro brand trampolines. Those charges asserted that the marketers, under the guise of a variety of...more

FTC Tramples Fake Reviews

by Fox Rothschild LLP on

Retailers often use product reviews to supplement advertising and drive sales. Such use has become more prevalent as sales shift from brick and mortar stores to internet sales, where splattering a webpage with purported...more

OTA & Travel Distribution Update - May 26th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending May 26, 2017 is below. A short, but significant update this week. Bi-Partisan Legislation Introduced to Stop Online Booking Scams [OTA]. In an effort to curb...more

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

141 Results
|
View per page
Page: of 6
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.