News & Analysis as of

Online Reviews

Ninth Circuit Affirms Grand Jury Subpoena for Identity of Glassdoor Users

by Reed Smith on

A November 2017 decision by the Ninth Circuit Court of Appeals has weighed in on the expectation of privacy and First Amendment rights afforded to anonymous contributors to online content, finding that a subpoena issued by a...more

The 9th Circuit Rejects Securities Class Action Premised on Businesses’ Complaints About Yelp’s Practices

• The U.S. Court of Appeals for the 9th Circuit affirmed the dismissal of a securities fraud claim alleging that Yelp fraudulently inflated its stock price by misleading investors about its practices concerning the business...more

Court Says Glassdoor Must Disclose Anonymous Reviewers’ Information in Grand Jury Proceedings

by Fenwick & West LLP on

In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor...more

Want To Pan Your Employer Online? Be Careful!

Your reviews of your employer may not be as anonymous as you think. The U.S. Court of Appeals for the Ninth Circuit has affirmed an order directing Glassdoor, Inc., to disclose information about eight individuals who...more

Advertising Your Glowing Online Reviews – How To Substantiate Ad Claims Based on Consumer Reviews

by Dorsey & Whitney LLP on

We’ve blogged a few times about consumers’ rights to post negative reviews online, and what businesses should know about the Consumer Review Fairness Act (the “CRFA”), but what happens if you are lucky enough to receive so...more

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

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