FOLLOW US

Business November 15, 2024 5 mins read

The Right to Complain – Courtesy of Yelp

Business ı By Jeff Watterson

0 Comments

https://www.flickr.com/photos/unnormalized/4401596072

Our Founding Fathers wrote in the Declaration of Independence, that all men "are endowed by their Creator with inherent and inalienable rights." In response to lawsuits filed against Yelp, Congress has ruled that these rights now include the right to complain.

As humans evolved, the ability to evaluate and compare was necessary for survival. By taking in a new person, place, or thing then mentally categorizing it with something already known, our ancestors, ideally, could tell friend from foe. In modern times, it’s not quite as life or death, but the ability to rate and compare things is still crucial to how our brain works and businesses have found a way to capitalize.

Companies like Yelp have utilized that natural behavior and branded it so that we can, for example, avoid food poisoning or a bad haircut. Because we are programmed to learn and remember more from negative experiences than positive ones, folks scrolling through the platform’s numerous reviews are likely to take away more from scathing comments than glowing ones.

This issue was at the center of a California lawsuit in 2013, when a San Francisco legal firm took Yelp to court, requesting the removal of negative reviews from their site. A lawyer at the firm claimed a former client had defamed her on Yelp and accused her of misconduct that never occurred; when that client would not reply to a direct lawsuit asking to take down the posts, the lawyer took her suit to the review site. The judge agreed the statements posted were defamatory and ordered their removal. A subsequent appeals court upheld the decision.

This case has made its way through the state’s judiciary system and in September of 2016, was placed on the docket to be reviewed by the California Supreme Court. The point of debate lies in the precedent this case might set. Yelp claims that upholding the ruling to take down the posts would open the door for other businesses to do the same. Other Internet powerhouses, like Facebook and Microsoft, have been vocal in their support of Yelp. Company leaders penned a letter to the court saying such a ruling would “silence a vast quantity of protected and important speech.”

The California case isn’t the only one that’s been fought on this. Similar litigation has been filed in Washington, where a locksmith filed a libel lawsuit against Yelp after getting a one-star review. He claimed the rating was actually meant for another area business, but that Yelp had linked it with his page as part of a scheme to generate more ad revenue. Libel is defined as the published or broadcasted “untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn, or contempt of others.”

The court cited lack of evidence in the locksmith’s claim, saying Yelp was not the culprit, only a third-party aggregator of data, and therefore was not liable.

While Yelp was not the direct target of a lawsuit filed by a New York dentist, his legal action against a former patient who posted a negative review on the site pushed the company one step further in protecting their consumers. The service now adds warnings to pages of businesses engaged in similar legal proceedings. In July, Yelp wrote a blog post announcing the feature, saying:

“Since Yelp was founded in 2004, we’ve made it our business to help protect consumer free speech. Consumers have the right to share their opinions about their experiences with businesses, but there will always be a small handful of businesses who mistakenly think it’s a good idea to threaten consumers who exercise their free speech rights. As a result, we started a new type of Consumer Alert to warn people about businesses that issue questionable legal threats.”

While businesses have legal protection against both libel and slander, or oral defamatory statements, it’s been the job of the courts and of Congress to adapt our law to changing times and technologies.

Thanks to legal concerns raised by these lawsuits, consumers are now guaranteed the right to leave a bad review.

In 1996 the Communications Decency Act was passed, which let websites provide “neutral tools” for users to post online, and as such, would keep the websites from being held liable for potentially libelous content posted by individuals. The 1996 law has been used to protect sites like Yelp from legal action for two decades, but after numerous challenges over the years, Congress has gone a one step further to protect consumer’s rights.

The Consumer Review Fairness Act, passed in December of 2016, forbids businesses from penalizing or taking legal action against a client who publishes public criticism. The legislation follows years of efforts by consumer advocate groups to rid the business world of the fine print in contracts that ultimately forbid bad reviews from customers. This fine print, also known as a “gag clause,” was, prior to the passing of the Act, a legal way to limit free speech.

Yelp says the Consumer Review Fairness Act “gives Americans nationwide new guaranteed legal protections when it comes to sharing these honest, first-hand experiences.”

So, feel free to complain away, and warn your neighbors about the shifty contractor, the bad sushi, or the tattoo artist who spelled your girlfriend’s name wrong, and know that your words are your own and that they are protected for years to come.

 

Previous Article

Wrongfully Imprisoned for 29 Years: The Leo Schofield Story

Read More
100 Posts

Jeff Watterson

Jeff Watterson is a journalist that focuses on politics, investigative journalism, and technology news. When Jeff is not writing, which is his hobby, he enjoys fishing and hunting.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 02, 2026
SNAP Cost Shift Sends a Bigger Bill to States and Counties
By – Michallie Harrison
America October 2, 2026
Atlantic Coast Insurance Suspension Follows Growing…

The atlantic coast insurance suspension has added another layer of…

By – Rachel Moore
America October 2, 2026
Kaiser Permanente Layoffs Eliminate 147 Jobs…

A major shake-up is coming to Kaiser Permanente’s California workforce,…

By – Rachel Moore
America October 2, 2026
ICC Ends Contract With French Insurer…

The International Criminal Court has severed its health insurance relationship…

By – Rachel Moore
America October 2, 2026
Minnesota Health Insurance Rates Rise as…

Minnesota residents buying health coverage outside employer-sponsored plans are heading…

By – Rachel Moore
America October 2, 2026
Nexfibre’s $2.7B Deal Faces U.K. Competition…

The U.K. competition regulator has raised a major red flag…

By – Tyler Brooks
America October 2, 2026
NFL Concussion Claims Count as Separate…

What the Coverage Ruling Means Each former player’s claim counts…

By – Samuel Lopez
America October 2, 2026
NFL Concussion Claims Count as Separate…

What the Coverage Ruling Means Each former player’s claim counts…

By – Samuel Lopez
America October 2, 2026
Visa Mastercard Antitrust Suit Targets Card…

A San Diego pizza restaurant has taken aim at two…

By – Tyler Brooks
America October 2, 2026
Operation Epic Fury: Trump Warns Iran…

Operation Epic Fury remains central to the Trump administration’s account…

By – Jackie Allen
America October 2, 2026
Capitol Police Plaque Lawsuit Dismissal Ends…

Sometimes a legal fight isn’t about the money or the…

By – Tyler Brooks
America October 2, 2026
G7’s Release of 100M Barrels of…

What Truckers and Consumers Need to Know The G7’s 100-million-barrel…

By – Samuel Lopez
America October 2, 2026
Halle Berry Hit with Temporary Restraining…

What the Court Order Signals A Los Angeles judge granted…

By – Samuel Lopez
America October 2, 2026
Killed by in-laws: New York Times…

Jonathan McKinsey, 40, was killed by his elderly in-laws. They…

By – Jackie Allen
America October 1, 2026
Government Spending: Trump Administration Moves to…

 The Trump administration is moving to cancel nearly $1 billion…

By – Jackie Allen
America October 1, 2026
JPMorgan Executive Renews Countersuit After Ex-Banker’s…

The “sex slave” allegations involving JPMorgan Chase executive Lorna Hajdini…

By – Jackie Allen
America October 1, 2026
Diesel Crisis: Louisiana Relief Meets New…

Louisiana’s diesel crisis has entered October with emergency relief still…

By – Michallie Harrison
America September 30, 2026
Chad Lowe’s Daughter Fiona Dies at…

Actor Chad Lowe and his wife, producer Kim Painter, are mourning the…

By – Jackie Allen
America September 29, 2026
Clone Saga could replace Spider-Noir as…

The Clone Saga could be coming to television as Sony…

By – Jackie Allen
America September 30, 2026
Former NASCAR Driver Jennifer Jo Cobb…

What This Verdict Means A North Carolina jury found former…

By – Samuel Lopez
America September 30, 2026
Arnold Schwarzenegger Heads to Jury Trial…

What the Jury Will Decide Schwarzenegger has conceded negligence in…

By – Samuel Lopez
America September 30, 2026
Oklahoma Judge Strips Secrecy From 11…

Inside the Hursh Courtroom Showdown A judge removed the confidential…

By – Samuel Lopez
America September 30, 2026
AI Is Creating New Losses Faster…

What Policyholders Need to Know Deepfakes and misinformation dominate reported…

By – Samuel Lopez
America September 30, 2026
California ‘Kelvin Wave’ Phenomena Could Supercharge…

What Coastal Homeowners Need to Know A massive El Niño-linked…

By – Samuel Lopez
America September 30, 2026
Queen and David Bowie’s Copyright Dispute…

What the Copyright Record Actually Shows Queen and David Bowie…

By – Samuel Lopez
America September 29, 2026
Trump Launches America.gov AI Portal That…

What Americans Need to Know gov is now an AI-powered…

By – Samuel Lopez
America September 28, 2026
Pope Leo XIV Condemns France’s New…

What Readers Should Know Pope Leo XIV used his visit…

By – Samuel Lopez
America September 27, 2026
Strangers Collected $30 Million In ‘Illegal…

What You Need to Know 1. George A. Neukom Jr.’s estate…

By – Samuel Lopez
America September 26, 2026
Princess Diaries Star Heather Matarazzo Says…

WHY THIS MATTERS Heather Matarazzo just admitted something most working…

By – Samuel Lopez
America September 24, 2026
California’s $11 Billion Undocumented Immigrant Benefits…

By Samuel López | USA Herald SACRAMENTO – California is…

By – Samuel Lopez
America September 22, 2026
Hayden Panettiere’s Cause of Death Confirms…

What the Toxicology Findings Tell Us Hayden Panettiere’s death has…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez
America September 23, 2026
Roblox widow alleges $6 million scam,…

The Roblox widow says a former companion took $6 million…

By – Jackie Allen
America September 22, 2026
Network Traffic Challenges May be Reshaped…

Network traffic has traditionally moved in one dominant direction: from…

By – Jackie Allen
America September 21, 2026
Gilbert Goons Defendant Arrested Again for…

A Gilbert Goons defendant awaiting trial in the 2023 death…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter