Roca Labs, Inc. v, Consumer Opinion Corp.

Order and Opinion Granted Summary Judgment to PissedConsumer.com over Roca Labs

Ronald Coleman
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From TechDirt:

"Roca Labs has not been having a good fall. Just a few weeks after the FTC came down hard on Roca Labs, for its ridiculous gag clause, as well as for its misleading marketing, it appears that Roca Labs has now lost its lawsuit against Pissed Consumer. As you may recall, we first wrote about Roca Labs a little over a year ago when it sued PissedConsumer, ridiculously arguing "tortious interference" because Pissed Consumer effectively encouraged people to write negative reviews which would, in turn, violate the gag clause in Roca Labs sales' contract. This seemed like a ridiculous stretch and... the court agreed. The judge has little trouble pointing out that CDA 230 clearly protects Pissed Consumer from liability for any reviews written by users, noting that CDA 230 protects against tortious interference claims.

"One by one, the court rejects Roca Labs' ridiculous attempts to get around CDA 230. First, Roca argued that because Pissed Consumer tweeted out links to the negative Roca reviews (and shortened some quotes to fit into Twitter's 140 character limit), that made it no longer a service provider. The court says 'that's not how this works...'" (https://www.techdirt.com/articles/20151021/16242632592/roca-labs-loses-lawsuit-against-pissed-consumer-badly.shtml)

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Reference Info: Decision | Federal, 11th Circuit, Florida | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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