Web reviews can spur lawsuits
FORT LAUDERDALE, Fla. — An unhappy guest at a resort describes the hotel as filthy and bug-infested.
A dissatisfied patient of a cosmetic surgery clinic warns people to “avoid this place like the plague.”
The reviews are among the thousands posted daily on the Internet about everything from fast-food restaurants to nursery schools. They also have something else in common.
Both have sparked libel lawsuits. Increasingly, businesses are turning to the courts to combat online reviews they say could cost them customers, legal experts say. In some instances, the businesses get court orders to track down people who posted anonymously.
“These (law)suits are extremely common and starting to make their way through the courts,” said Lyrissa Lidsky, a University of Florida Law School professor. “Courts are starting to develop balancing tests to guarantee it’s a legitimate libel suit before they uncover the poster’s identity.”
Lidsky said it’s often hard to know if such libel lawsuits are legitimate or if companies just want to muzzle their critics.
The Grand Palms Golf & Country Club in Pembroke Pines, Fla., filed suit in October against Jessica Rapillo, accusing the New York resident of posting a defamatory review that caused a noticeable drop in business. According to the lawsuit, the review on a travel Web site called the Grand Palms “the most disgusting, bug infested, rundown hotel.”
Grand Palms staff determined Rapillo was the author by going through their records and matching the online complaints with ones she made in person, said James Saunders, the hotel’s attorney. He said Rapillo ultimately acknowledged she wrote the message, but refused to change it.
Grand Palms president EM Segall said the hotel must safeguard its reputation. “Such actions by these individuals are shameful and should not go unpunished,” he said.
Rapillo declined comment on the case, which seeks an unspecified amount in monetary damages.
Marshia Durham of Sunrise, Fla., said she stands by her online review accusing Strax Rejuvenation and Aesthetics Institute in Lauderhill, Fla., of mishandling her tummy tuck and facelift. Strax filed a lawsuit against Durham in May, alleging she sought “to systematically destroy the business of Strax by publicly defaming it.” The case seeks an unspecified amount in monetary damages.
Durham said she put up only an 11-sentence review on one Web site, using just her first name.
“They don’t want people to speak the truth,” she said. She said her review has since been taken down from citysearch.com.
Alan Kipnis, Strax’s attorney, said the company has filed lawsuits against Durham and others after clients began canceling procedures because of false and malicious reviews.
“People are real angry right now about everything, and I think that people are becoming emotional about a lot of things,” he said. “I think sometimes people get carried away and cross the line — cross the line from giving their opinions to making things up.”
Lidsky warns that anonymity on the Internet is not guaranteed. Businesses can subpoena service providers to track down who wrote a review, she said. “All of us are seeking information about the products we buy and the people we come into contact with,” Lidsky said. “A simple Google search is very common before you embark on any business venture. A company is foolhardy if they don’t monitor what is said about them online.”
