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11 - 9 The Think Tank 1110am, Consumer Reviews

Nov 9, 2015|

-Should businesses get payback if consumers give them bad reviews? Did you know you can get sued if you criticize a company online? That’s right, all but one state (California) allows companies to sue you, if what you say hurts their profits. Is that fair? If a company solicits reviews, should you be subject to revenge if they don’t like the results? If you thought free speech ruled online—think again. A couple gave a negative review online, and the retailer retaliated w/$3,500 fine...all LEGAL because the state honors “non-disparaging clauses.” Some U.S. senators say this among to ”online bullying” by companies, so they’re trying to pass the “Consumer Review Freedom Act.” It would bar the use of non-disparagement clauses--that allow companies to take action if a customer's bad review hurts their bottom line. Have you ever given a company a bad review? Was there retaliation? Many of you own or operate companies—have you ever been on the receiving end? Do you worry that the competition could use bad reviews to harm your business? business? This hours guest: Tim Meche - Attorney and legal analyst

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Automatically Generated Transcript (may not be 100% accurate)

I've heard of pro lol. And don't forget to bring you the important. Do you. I admit I don't too but so good thing to learn ba Abdul and hold her but the show mic me and I'm as a pink balloons that might be a nudge toward doing it. Here's an idea why some companies not so and company media and the companies in every state but California. During the adverse impact to bed brew abuse. Have been included in something called a non disparagement. Clause. In the Contra Alex. The costs of routes most agreed to when making a per pictures and of course I think the majority does don't read by and Brad. And then. We've set ourselves up to receive threatening letters from these companies. If and when we post a negative view and even if while riding. His true. And or it goes again so many things I thought were not allowed in this country. But it certainly would lives go to video legal experts and try to figure this out then thankfully it ripped him men should turn the legal and lose them. As well as I've appreciated that time. Or is this correct. Today you really have been disparagement. Agreement so a lot of companies. And of with the law but this company did. But they did didn't suit and they got a judgement in some probe 300000 dollars. It's not likely that these clauses would be honored by the court. We have something in week Nimitz and no French term. From our napoleonic code co Contra bonus more which means if we have. An agreement and contract that essentially. Contrary morals the courts won't enforce it and it's not likely that the court would endorse something like that here. In a bid to OK so moved through this company. Got sued to have to pay 312. News that bright. What haven't paid yet but he got judgment against of the 300000 dollars. That people are having trouble collecting now but it's got national attention they'll probably collect some. Tell me about cutting in the wrong but but let's let's say this couple actually gets 300. Hear what they went through. The more internal online and return group of all my note shirt correct call cleared year. Or Christian. They bought a desk. Boy. And a he'd change. And it never. Should they went through a web that'll complaint it's called rip off report. Dot com and the white for the men and that ordered to teach him in the death of store and have we never. And sure road. A very short complete. Three years later. They get. A vote threat and clear here. That says you get 72 hours to take that at all. Or you Waterloo or 3500 bucks Bo. Rip off report dot com that the policy. Of not removing rebukes. So you took 815. Months of law acute. In here were the lucky it got piled on their bullet back. Five public citizen. And the couple in the meantime during that eighteen month. Couldn't get a car loans. Credit accords the nod and and there were forced to live without heat. For a number weeks. Could they couldn't get financing for new furnace. Now. Well he wants OK day maybe. Give money back from all walks of wild and there and name. But I think I understand them for about a legal system. That if you get sued allotted time when you lose you lose and when you win you're blue it's because the cause of the Waltz and usually it's so much whatever you win Dudley club covered that call so. The ability. Of companies to do that. Is is legal. Ability raw in its soleil. Not explicitly prohibited by legislation and that's what congress is having hearings. I can't resort will be prohibited. Probably would be prohibited. By the court and that's or alternately. These consumers Warren and I believe it's a company tried to do that in the week you know. Even though there's no explicit legislation. I think the courts would step in and you know here's an example com where that K got a lot of attention. And obviously no one wanted to happen to him or to anybody else. But the reality is there's a lot of checks and balances. That ultimately would probably prevent this from ever happening yen. But I don't think we need it. To. Thinking that the sky is falling that this is gonna happen to this this is not just an extreme example. That probably will never be repeated. Let me dig Brigham and come back I want my true and them Wednesday. Probably won't be repeated it and when we come back column and a walked won't be repeated. That the company suing in the first place. Is the legality. Of that law suits still there because like says that. Every pit everybody I know that it's ever been sued. And and depended themselves successfully. Political trees are so big they ended up losing. In the first place. Is that possible or is that all. Berry Berry improbable. Coming right back questions. Gibbs called 200187. On the surface suit singles here a look in that five different publications. To a mounting Europe. Talking about one carries an admittedly one cage having to do was something called non disparagement. Clauses. Apparently. Some companies have these clauses in the pine prudent. And it if you criticize him on law and in public consultant former shouldn't. May have do you builder too soon. And one case that used spotlighted do's and rather bizarre. Koppel buys a key chain and and the deaths Torre. And little over a year later. They get a call from the company because they put it very quick crude as soon. Over the fact that they never got the products and give us 3500 bucks within 72 hours or or more were taken you'd court. And heard their credit big couldn't get a car alone. They had liberated he'd I'm without he'd in the colder. They didn't have the money couldn't get the credit to bi partisan on and on and on. I've got ten mesh with the it's turning legal analyst Tim plunged incorrectly. This is a rare earth doesn't happen often here in the museum and museum walk. It's doubtful that whatever happened to it is that Barbara Andrews. Well I was doubtful companies wouldn't be stupid enough to do this especially with the negative publicity this company got prisons it's companies. He's no longer in business would never do this again where. But India a company would be stupid enough to do that in the week you know the states. Courts would step in like they did in. And they penalize the company in apps was actually slapped 300000 dollar judgment against the company for doing. Now what congress senate hearing about is there's no explicit lol. That prohibit this type of stuff because online reviews are so new we've been doing you know the last twenty years and technology. So they're suggesting that they should be legislation and probably will be to prohibit companies do and but before that happens I believe consumers should feel comfortable that this is probably not gonna happen again. It is first of all companies on the because stupid. To do with this stupid company did. And for instance this company no longer in business and will never do business you know. All right Craig may have where I'm wrong but I think kids the Senate Commerce Committee. Do it chairman and head to introduce legislation. Concerning this. And they're gonna go through the consumer review freedom act to Martha would do is ban non disparagement. But just third and playing. In form Colin products. While still prohibiting companies to pursue. Good faith that permission playing. What's a legal definition of good thing. Where out some war in maligned she used maliciously. And they use false information. In an effort to destroy your company. That would be an example. For instance there's. Group of people in the stock market area to do short sale and their coach the spurred companies that say bad things about to drive down the price of the stock. Congress while home on that type of activity. There this same things that militias and and true the company would have some Friday. To come out. I think it's an Amazon. Britain numbers stories. They have they have lawsuits against hundreds of people. That void and itself they reviews is that it does this all come under that having rumors that it totally different count. No it's similar it's similar companies you have brightly companies are totally Cuba there right. To go after people who maliciously maligned him with false information. But it. Nevertheless. Congress certain is that consumers do pepper. To make legitimate complaints and portable law and as you. Mike suggested to me that the tree speeches she's Puerto. It it is in the meter and it seemed like. A very thin line and to determine. Why it. A company would pursue is a good beat the defamation. Claim. And I'll or reassurance. That no company who are going to be bit stupid. But Amazon and on a regular big. If if you write a review. That they consider his faults dates soon. So you were a little confused as to. Where that line is where you can ride review. And not worry about being sued. Yes yeah that is them. That will be true when will patrol him or on number trump by that because they have so much power and resources. An average consumer and as just somebody did say. Thanks to complain they happen to be wrong in a you know after the Amazon comes in with all of their lawyers I am troubled. And maybe congress should step in and defined that law Lorraine little bit more clearly. They're one of whooping. Being it is. If they headed for congress you're headed for the courts. Your proposal to ban companies from using or bird creation clauses. As of three payouts to a boy that accountability. Is that in this same Joan. Different New York Times to the big front rhetorical last week and so and idea it is. There. Forbidding people from going to court. And making people go to arbitration. In arbitration panels it generally stacked in favor of the company anticipates or traders. The New York Times or go to buried in payment lost researching this and last week New York Times. And it's very instructive in the suggest that that's bad for the consumers and their cult congressional action to step in that puts its own separate. And an immense credit cards and student loans. You know you suggest we agreed to fund proved regardless of what we agreed to. Yeah but then but the problem is you read part for would you disagree well you don't get core. You'd alone you know it's cord. Mean they're not gonna change it crosses out and they won't make conception of this but he you're. A lot of power. Technology news creating very complicated Verizon hasn't done. That would that program and it just do it and that's what's interest in the last twelve years with you know the Internet and everything. The Walt haven't caught up yet with the technology. An essential agencies. How we work to potential. Tim metro learn something every Thomas have you on thank you for drawn. Out and order. To measure attorney legal analyst when we come back. You only what do what do you think about this kind of thing the hood of the very fact that a couple guts to do. Or what we're saying. All in on all online reviews site. That they didn't get a whole way and the key chain that they ordered. And it tomorrow Promos two years. And birch heard the food one stupid company. That it won't happen in June. But it is back in fine print. By a a lot of companies. Had to reveal the bump and end and then we'll we'll talk about something else. The the comments sections. That so many newspapers. Employer magazine's web sites. A lot of companies around the world. Or dropping them. Sitting there getting visions. They're getting libelous. And a number of them. Wanna start using FaceBook were your identity is revealed. What do you think to seek 018. Celebrity government via. Sorry to hear more worth thinking about headline. And I got that forum. Five different publications. Compliment your stories it's headlines room world. Congress here in the United States. Made bail and what they called gag clauses that prohibit consumers from making negative comments about business. I don't know true I have ignored dude there won't sort of thing it's called non. Disparagement. Clauses. And it's in a lot of companies in the pine for a I knew about you own a buys some open on the Internet or even them brick and mortar store. When it's used some pretty good paragraph up upon our broad outline for a I hate to admit I usually sign it. Well but it didn't walk out of the users non disparagement agreement now when the table of the made headlines. They're one as a company. Call cleared to hear what they did cause them and not be grounded anymore but still it's kind of an eye opener. A couple when colored beer on law. And we bought eight small business. Support. And teach train as Christian as. And they never got a problem. So there went to work only called rip off report dot com it's Brent league for people to complain. About businesses. Well but why you of that young woman who bought the toy and keep track. Wrote a very short. A bad company never sent our get a three years. After her negative review. Clear gear emailed funeral. They demanded doom room view tube removed within 72 armed three years later a wouldn't even remembered. Having written rubio. And if they didn't remove it within 72 hours. They were gonna get sued for thirty pop under bunch or violating. The non disparagement clause. Well I would have a big broad review of one run ball report dot com the politics want to read the review you can't pull little. So for 815. Months. They had the heat player gear. During that lawsuit. They couldn't get a car loan. They're credit was denied because. Of cleared yours rat. They couldn't get a credit card and the reports from liberal route he'd for a few weeks. Because the couldn't demand a new furnace. Now the bulk water we'd talked to said. This is very realized this at these stupid company or blood as it's stupid company. Because after they serve them do. The courts said clear injured you'll hold that couple 300000. Dollars and Edmonton's. But. Getting even though we have the insurance. Promo oh warrior that I respect a lot during the races an anomaly. This in gonna happen again in particular who easier and we have laws that that make this very difficult. The very fact what I have learned on the issue over the way his ten plus years. Is if you get soon. In your dog ridge. If you win. You'll lose if you lose you lose. If you lose. You're gonna pay you were sued if you win then you may get some money from them. But you got the big legal heat. Where there are legal system itself. You have to have higher warrior could of been due for eighteen months. You're gonna have a big building of this couple. Was lucky enough to have something called public citizen. The pin them in the lawsuit. But. Do we now worry about. If you complain. You get sued and what's happening behind senators. On media center of commerce committee including the chairman were introducing legislation. To make sure this kind of thing can happen can't happen but listen this. They'll go through the consumer review freedom act. It would ban. D.s gonna plane. In form contract. This of the part that bothers me. While still permitting companies to pursue good faith definition defamation Klein. Now I'm you can go move through these reports. Ruse to Lou that the group was news CBS news. Where they review ever saw and lawsuit. Target hundreds of people. On a regular basis. Right in itself they review. So what booted taken films on that think this couple. Had written a big review. Of their process. And I think it's I don't like it feels like what I'm hearing on the show over the years. That the technology. That that the Internet at all on line. Is getting very colorful regular Bloomberg conduct. We'll talk about the company the world why. They're cutting out. Review comments after news story. Come right back double Columbia. Kabul moral importance on drug comments this is Yahoo! News bishop salutes threatens online reader comment. This Washington's. And most of those who have facilitate better retreat to between public and news media but bio. He pulled comments. Are changing all that. In the face of rising bid for real news organizations. Were increasingly. Throwing in the towel alone online comment. A long read all the oldest but it from around the world who have worked so important that. They're going to begin taking over hundreds to be edited your screen by Hindus that. Those of you old enough to remember that when you had a Kabbah a complaint. And you wanted to. Buick draw or display it in the media. You wrote wrote that route to the editor. Richard name and address solid in the media quote Jews and said did you write his Yale's side did then they printed it. It did met certain parameters. Of non divisions those non Waltz and material. Sloan. A number of them are thinking about going back to that. I'm looking through the lists that Ramon quality wood here. Its the they're saying that the comments. Are turning other readers saw the news and some company. A professor of information studies that Syracuse university's. Sent. They like their comments because it brings readers back it created to community of people who were dedicated. And that's good for at a good time. But the downside of the is that when people see lots of eight and it acts. Even if they are not using bad language. Turns people law. And where you didn't sort of posturing communications. And benefiting advertising. It loses readers. It did the very impacted this for a culture. So use some Evelyn. That the hatred. And small mindedness. In so many of these comments that or none of them. With help advertising. May these codes and numbers approved. I think it's more like the latter part of the program. People read this and say who these two. We're where they find the time were they not working. Or day. It's schooling border do. I mean it's everything from. Football games to big politics. Where you see this coming hatred and the attacks. And apparently the world's media sword and take a look at it and say it and doesn't work they're pulling back from. Coming right back Debra bill brigade set but he immoral 53 yet. Doctor a number of times on the show about liberal read your conservative media. Birdie difficult to find in the they're trying to show boats aren't. Well one of the questions I had. I've read some of the liberal media. Concern. That Clinton didn't say hundreds of moving too far away and and some of the conservative media. Feeling that their presidential candidates some of them or moving to pour right. Is that the boy it's always been done or resist something new and because of interest continues communications. All Jews in general wanted somebody double yeah.