So Sue Me
Author: Katie
One step up from a hall monitor badge...pretty nifty
Ok don’t. Seriously. I was just kidding. Really. Please don’t sue me.
The settlement of a libel lawsuit regarding user comments on the review site Yelp bring concerns about validity in social media to the top of everyone’s minds. Ok maybe not everyone’s, but mine and most other peoples’ in my industry. My coworker Josh wrote a post asking for opinions on the social media ethics debate that this will enevitably spark on both sides so I decided to throw in my two cents. Here goes.
For Businesses:
To sue or not to sue, that is the question? Can you really say that suing a former customer who clearly had a gripe they were willing to post for the world to see could ever be construed as a positive, constructive, PR minded move? I think not. If you find that there’s been a negative review about you, yes you need to act, but you must think about the repercussions first.
If it’s true: you need to evaluate your business. Apologize for the gaff and try to make it right for them and then use that feedback to adjust your business moving forward.
If it’s wrong: reach out to them. Ask them why they think that, why they said that, ask what the situation was and how it could be made right. Maybe the customer isn’t always right, but they think they are and you need to deal with them on that level. Draft a public response to the review, the libel was written in the social media forum; try responding there first before taking it to court. Tell your side of the story in an adult, mature way. (No “they’re a big fat liar” type stuff.)
If that doesn’t help, think about this before you sue: If a potential customer sees the negative review how much will that affect them in the total of all reviews that have been posted versus if they read a news story about the review and how the reviewer is being sued? I don’t know about you but I’d rather not go to a chiropractor that has shoddy billing practices (according to one person – but this is the comment that’s been publicized above all others at this point) AND sues their customers.
For Social Media Users:
This is kind of scary. I mean I don’t really think about what I say on review sites before I say it. I just tell my side of the story, like I was complaining or raving to a friend. I don’t ever think about whether my exaggeration might be taken as libel.
Personally I’m not sure any of these cases will go actually go through without proof that the person had lied outright and maliciously. This one was settled and I think most of them will be (assuming more keep coming…see above.) So as long as you’re honest and stick to things that really happened and your opinion about them you should be safe.
If you’re still worried you can read this definition of Libel to make sure your comments don’t violate anyone’s rights.
For Everyone:
Maybe we all need an ethics refresher course. Be honest. Do the right thing. Treat others the way you’d like to be treated. If the business treats a customer correctly in the first place – no problems. If the customer is honest in their reviews and opinions of that treatment – no problems. It’s so easy people. Why can’t we all just get along….
Posted in Anti-Case Study | 
Tags: consumer reviews, Responding to negative posts, Review Site Libel, social media, Social Media Ethics, Yelp
You state that “if it’s wrong, reach out to them”. If you read the article you mentioned, then you will see that the doctor did request to speak with the complaintant and he admittedly chose to ignore him. Rather than just posting opposite views is not enough when it is your business/livelihood/reputation at stake. You likened it to “they’re a big fat liar”, but your position is exactly the same — an endless set of “he said/they said” arguments laid out in a public forum. The business comes off defensive and it will continue to hurt the business and it’s reputation. You already stated that you would take the word of the complaintant over the business and that you would not go there if they sued to protect themselves. The business was exhonorated and still you question their position!
I also think your statement of “I don’t really think about what I say” is very telling. If you are writing in a public form , then you should think about everything you say. Libel and slander are serious and they do not just apply to professional writers, speakers and such. It applies to everyone. You can’t just write that I lied to you or cheated you or overbilled you without taking responsibility for those words. You better have the facts and stand behind them or you will be sued. If it is opinion, then there are plenty of words in the English language to make that come across clearly. For example, “I felt that the final bills were excessive and unexpected based on the original quotes I was given”.
As you said, look up the word “libel”. It is a false claim that may harm soneone’s reputation. That is exactly what happened in this case. He would not have settled otherwise.
I agree whole-heartedly with your conclusion of ethics and the golden rule and everyone on the Internet should take heed.
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