FOLLOW US

Thu

August 6, 2026

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 August 05, 2026
Senate confirms Erica Schwartz as CDC director
By – Rihem Akkouche
America August 05, 2026
Iran-Oman Hormuz Deal Does Not Reopen Strait
By – Michallie Harrison
America August 05, 2026
New Mexico Takes DOJ to Court Over Epstein Ranch Secrecy
By – Rihem Akkouche
America August 05, 2026
3 people killed, in Caswell County mass shooting
By – Rihem Akkouche
America August 05, 2026
Abdul El-Sayed Wins Michigan Senate Primary in Nail-Biter Finish
By – Rihem Akkouche
Entertainment August 05, 2026
Perez Hilton Was Hospitalized After Self-Harm
By – Michallie Harrison
Public Corruption August 05, 2026
Alabama Democrats Flip Primary Over $20 Vote Claims
By – Michallie Harrison
The People's Voice August 05, 2026
Tate Bond Hearing: What the Judge Must Decide 13 Aug
By – Rochdi Rais
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America August 5, 2026
Gangbanger Family Accused of Helping Son…

 A Gangbanger family is at the center of a sweeping…

By – Jackie Allen
America August 4, 2026
Reflecting Pool Damage: DOJ Says Construction…

WASHINGTON (AP) — The controversy over the Reflecting Pool damage…

By – Jackie Allen
America August 4, 2026
P&G acquires supplements maker Thorne for…

Some acquisitions feel like a natural next chapter. Others feel…

By – Rihem Akkouche
America August 4, 2026
Donald Trump attacks oil companies for…

Some fights simmer quietly behind closed doors. This one played…

By – Rihem Akkouche
America August 4, 2026
Texas A&M System sued over limits…

When a secretly recorded classroom confrontation ricocheted across social media…

By – Rihem Akkouche
America August 4, 2026
Thermo Fisher Sued Over 401(k) Snub…

Imagine being handed a retirement plan menu where every single…

By – Rihem Akkouche
America August 4, 2026
Thermo Fisher Sued Over 401(k) Snub…

Imagine being handed a retirement plan menu where every single…

By – Rihem Akkouche
America August 4, 2026
American Family Insurance to acquire specialty…

Five years ago, American Family Mutual Insurance Co. quietly took…

By – Rihem Akkouche
America August 4, 2026
Covington Shooting Coverage Insurance: Judge Rules…

Sometimes the deadliest shots aren’t fired from a gun —…

By – Rihem Akkouche
America August 4, 2026
House Ethics Committee investigating Max Miller…

In an unusual twist that reads more like a legal…

By – Rihem Akkouche
America August 4, 2026
Donald Trump criticizes Jeanine Pirro in…

Picture a courtroom drama playing out not in a courthouse,…

By – Rihem Akkouche
America August 4, 2026
Build Your Dreams: Chinese EV Giant…

Build Your Dreams, better known by its initials BYD, has…

By – Jackie Allen
America August 4, 2026
Build Your Dreams: Chinese EV Giant…

Build Your Dreams, better known by its initials BYD, has…

By – Jackie Allen
America August 4, 2026
Spokane Wildfires: Arson Charge Filed as…

SPOKANE, Wash. (AP) — The Spokane wildfires have left widespread…

By – Jackie Allen
America August 3, 2026
Illegal Immigrant Arrested by ICE in…

A Guatemalan illegal immigrant accused of rape and several other…

By – Jackie Allen
America August 3, 2026
AI Cheating Debate Grows After Mississippi…

AI Cheating has become the center of a national conversation…

By – Jackie Allen
America August 2, 2026
Key Evidence Claims in Bryan Kohberger…

The latest claims surrounding key evidence in the Bryan Kohberger…

By – Jackie Allen
America August 1, 2026
JK Rowling Wins Apology After Amnesty…

JK Rowling has received a public apology from Amnesty International…

By – Jackie Allen
America August 1, 2026
JK Rowling Wins Apology After Amnesty…

JK Rowling has received a public apology from Amnesty International…

By – Jackie Allen
America August 1, 2026
Stormed the Border: Spain Says 25,000…

CEUTA, Spain (AP) — Spanish authorities say thousands of migrants…

By – Jackie Allen
America July 31, 2026
Curiosity Rover Finds Vast Martian Honeycomb…

NASA’s Curiosity rover has discovered an extraordinary expanse of honeycomb-like…

By – Jackie Allen
America July 30, 2026
Amish Community Murder: Ohio Man Pleads…

An Amish Community murder case which stunned Ohio has ended…

By – Jackie Allen
America July 30, 2026
E. Jean Carroll Case: Trump Asks…

President Donald Trump has asked the U.S. Supreme Court to…

By – Jackie Allen
America July 29, 2026
Netflix Releases The Idaho Murders: College…

BOISE, Idaho — The Idaho Murders: College Nightmare is a…

By – Jackie Allen
America August 2, 2026
Iran’s Alien Files? Tehran’s U.S. Conspiracy…

INSIDE THIS REPORT Iranian media once promoted an extraordinary claim…

By – Samuel Lopez
America July 31, 2026
Sainsbury to Sell Argos for £120m…

Sainsbury’s has finally reached the finish line on something it’s…

By – Rihem Akkouche
America July 30, 2026
Show Me the Money: Accuser in…

INSIDE THIS REPORT Aleksandra Vasilevna Mendoza is pushing Kick to…

By – Samuel Lopez
America July 30, 2026
Kohberger Gets New Taxpayer-Funded Lawyer as…

INSIDE THIS REPORT Kohberger has been appointed counsel for post-conviction…

By – Samuel Lopez
America July 30, 2026
Milwaukee Lawyer Gets 21 Years After…

INSIDE THIS REPORT — A Milwaukee jury convicted attorney Robert L.…

By – Samuel Lopez
America July 30, 2026
AI-Assisted Pro Se Litigant Faces Off…

INSIDE THIS REPORT A pro se plaintiff using AI tools…

By – Samuel Lopez
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
Health July 17, 2026
Taylor Farms Linked to Third Major…

Taco Bell became the public face of a massive Cyclospora…

By – Michallie Harrison
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks…

The proposed FIFA World Cup stake sale has triggered a…

By – Michallie Harrison
America July 28, 2026
5 of the Best Free-to-Read Online…

Online Comic Books have changed the way readers discover superheroes,…

By – Jackie Allen
America July 25, 2026
Human Trafficking Operation Nets 15 Arrests,…

SHELBY COUNTY, Ala. — A human trafficking operation in north…

By – Jackie Allen
America July 25, 2026
Adrien Broner Hit With Sexual Battery…

INSIDE THIS REPORT Havana Saint accuses Adrien Broner of sexual…

By – Samuel Lopez
Sports July 22, 2026
Why the Hungarian Grand Prix Never…

The lights go out and twenty-two Formula 1 cars explode…

By – Theresa Jardim
America July 21, 2026
Professional Boxer Killed in Texas Bicycle…

Hannah Rapp, a rising professional boxer who recently challenged for…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter