# Warning against posting negative reviews



## simpsontruckdriver (Nov 30, 2013)

Apparently, a lot of retailers now have language that says DO NOT post anything negative about them, or they will sue you for upwards of $10,000. In this case, she ordered something. It was not paid for and not shipped. She could not get a hold of anyone. Both she and PAYPAL cancelled the sale. The retailer came back - by email - and said they were going to file a lawsuit against her for disparaging the company. They also sent her file to a collection agency and reported it on her credit report, making it tough to get credit. Even CNN was unable to get in touch with them!

Moral of the story: you MAY be sued by the retailer if you say anything negative, so make absolutely sure you're doing it knowing full well they will come after you. And, have an attorney ready to defend you in court.

TS


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## rickandcindy23 (Nov 30, 2013)

I am blocked from bidding on eBay by a few timeshare resellers, but it's the same sleazy company.  They deserve the negative publicity they get because they are not closing timeshares in a timely fashion.  They expect you to do everything in a certain order by a certain time, but just ask for a little more information, and they ignore you like you are yesterday's oatmeal.


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## Quadmaniac (Nov 30, 2013)

simpsontruckdriver said:


> Apparently, a lot of retailers now have language that says DO NOT post anything negative about them, or they will sue you for upwards of $10,000. In this case, she ordered something. It was not paid for and not shipped. She could not get a hold of anyone. Both she and PAYPAL cancelled the sale. The retailer came back - by email - and said they were going to file a lawsuit against her for disparaging the company. They also sent her file to a collection agency and reported it on her credit report, making it tough to get credit. Even CNN was unable to get in touch with them!
> 
> Moral of the story: you MAY be sued by the retailer if you say anything negative, so make absolutely sure you're doing it knowing full well they will come after you. And, have an attorney ready to defend you in court.
> 
> TS



These are just empty threats. To be able to prove it in court, I believe they would have to try to sue you in your jurisdiction. They can spend the money to hire a lawyer, but can they prove the buyer maliciously disparaged the company with untrue facts ? Then can they prove what the damages are ? All of these need to be met and a judge has to agree with them. I think in most of these cases, judges have a tendency to favor the little guy especially when their argument is weak. 

They can try to send you to collections, but they have to prove that the product was delivered and received. As it was not received, you do not have their product and no money is owed as they did not delivered as agreed upon.


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## TUGBrian (Nov 30, 2013)

anti-slaap laws exist for this very reason.


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## taffy19 (Nov 30, 2013)

I didn't know what it meant so looked it up.  Not all States have this law as you can see here.

I read the other day that Trip Advisor will not let you post negative reviews.  It may have been here or OY.  I would have to look it up again.  The timeshare was in Mexico, I believe.


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## Timeshare Von (Dec 1, 2013)

iconnections said:


> <<snipped>>
> 
> I read the other day that Trip Advisor will not let you post negative reviews.  It may have been here or OY.  I would have to look it up again.  The timeshare was in Mexico, I believe.



That would be something new if it is true.  I have seen many negative reviews as well as posts in the forums.  I was very liberal with my negative reviews on the safari company I used that ended up costing my traveling companions hundreds of dollars because the company failed to do what they said in spite of having the money to do so.


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## Talent312 (Dec 1, 2013)

iconnections said:


> I read the other day that Trip Advisor will not let you post negative reviews.



I find that unlikely, given the number of reviews I've read in which the poster complains about some petty annoyance like it was the end of the world.

------------------
We need not be concerned that a vendor is going to actually sue an individual over a negative review for two reasons -- 1. the truth is a defense (as long as it is truthful); and B. quantifying damages it would  be extremely difficult. Besides, it would only generate more publicity. 
.


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## Phill12 (Dec 1, 2013)

iconnections said:


> I read the other day that Trip Advisor will not let you post negative reviews.  It may have been here or OY.  I would have to look it up again.  The timeshare was in Mexico, I believe.



 That is now true about Trip Advisor and why after years as a member I don't post reviews. They don't want the truth so just saying yes on review is just helping any business and I want no part. 

 I have post many good reviews but also some bad reviews like in Lake Tahoe area where my family has been going for more than 50 years. A bad but true review helps some business fix problems well others just want to blame the person posting.

PHILL12:deadhorse:


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## dougp26364 (Dec 1, 2013)

I look at this as the natural outgrowth from review blackmail where someone who doesn't get their way with a business threatens to post a potentially harmful review online. I've seen a few reviews posted where the reviewer actually stated they didn't get what they wanted and promised the business they'd post a bad review on every site they could find. 

So on one hand you have businesses going to far threatening anyone who says something bad about their business but, on the other hand, you have customers who threaten to post negative reviews just because they don't get their way.


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## laurac260 (Dec 1, 2013)

Phill12 said:


> That is now true about Trip Advisor and why after years as a member I don't post reviews. They don't want the truth so just saying yes on review is just helping any business and I want no part.
> 
> I have post many good reviews but also some bad reviews like in Lake Tahoe area where my family has been going for more than 50 years. A bad but true review helps some business fix problems well others just want to blame the person posting.
> 
> PHILL12:deadhorse:



I just posted a negative review on trip advisor last month.


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## dioxide45 (Dec 1, 2013)

What is the point in a review if people can't post negative ones when warranted. The whole star/ratings system is based on negative and positive reviews. Without it, reviews are worthless.


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## beejaybeeohio (Dec 1, 2013)

*Poor Rating Published*



laurac260 said:


> I just posted a negative review on trip advisor last month.



I posted a "poor" review on a B&B in San Gimignano Italy that had a 5 circle  rating on Trip Advisor.  The canned response I received from after submitting my review was that TA was sorry my experience wasn't good. I accompanied my negative review with photos backing up my gripes.  A few days later management posted a reply rebutting all my comments- the strangest defense made was that the unsafe staircase leading to the upstairs bedroom didn't have to be used because there were outside steps that led to this bedroom.  Sure wish I could post again, because using those steps would have meant our almost 70 year old friend would have had to venture outside, in the dark and exposed to whatever the weather might be, to head downstairs, and walk through our sleeping area just to use the john at night! And believe you me, given age and gender that's a more than once a night event!

After our stay there, in reading between the lines on some of the earlier 5* reviews, I found comments reflecting our experience. I do wonder though at all the glowing reviews....

Hopefully, there won't be a lawsuit filed from Italy, but if so, given the Amanda Knox and Capt. Schettino trials, I should have lots of time to prepare!


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## presley (Dec 1, 2013)

Maybe Tripadvisor is using some formula to prevent complainers from only posting negatives and never positives.  I've never had a problem posting there, but I think the lowest I've ever given a place was the mediocre rating.


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## Steve (Dec 1, 2013)

I have posted a lot of reviews on TripAdvisor, and they run the gamut from extremely positive to extremely negative.  They have all been published with no problems whatsoever.  That site thrives on honest, truthful reviews from the general public.  The notion that they won't allow negative reviews is patently false.  

The one change they did make several years ago is that you cannot state that a review was not helpful to you.  Under each review, there is the question:  "Was this review helpful to you?"  In the past, you could click either "yes" or "no".  Now, you can only click "yes".  Of course, you can just ignore the review, but you cannot click "no", that it was not helpful.  I think this is probably the change that is being referred to here.  

Steve


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## dwojo (Dec 1, 2013)

If I post something negative it is because it is verifiable and I have proof of what happened. If I am sued for that or a retailer tries to ruin my credit they are in for a nasty fight.


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## dougp26364 (Dec 1, 2013)

dioxide45 said:


> What is the point in a review if people can't post negative ones when warranted. The whole star/ratings system is based on negative and positive reviews. Without it, reviews are worthless.



I've always felt I had to really read between the lines with inline reviews anyway. Companies have routinely posted fake positive reviews using multiple computers/IP addresses. Customers with an agenda have routinely posted false negative reviews in an attempt to blackmail a business. 

Of course there are differing opinions. Some people think Hometown Buffet is as good as it gets. Some think chain restaurants like Ruth's Chris a aren't legitimate high quality steak houses. For some a Choice Hotel is 4 or 5 stars. For others a Marriott, Hilton or Hyatt is 2 or 3 stars at best. Everyone's idea of a clean hotl room is different. I've seen people post what I'm sure are chigger bites as bed bug bites. 

Online ratings sites have never been real or real reliable. It's just to easy to fake a review. My rule has been if the reviewer hasn't submitted at least 20 reviews that cover a variety of services I'm skeptical. I'll likely continue to review restaurants, attractions and hotels. If they delete or don't allow one that's negative, that's when I'll stop reviewing on that site. Since every review I post is my personal opinion and factual based on my experience, I have enough lawyer friends to give me advice. I know a couple that have made a great living as a plaintiffs attorney going after companies that cross the line. Who knows, honesty might make me rich someday.


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## simpsontruckdriver (Dec 1, 2013)

In this case, (1) they have a right to dispute the amount from the collection agency. (2) It's not an "empty threat", they must go to an attorney when the lawsuit arrives. The story says that most judges will throw out the case, since SLAPP lawsuits are simply revenge. Take EVERYTHING seriously, because if you don't, they will sneak up and hit you with either of these. Maybe you can get the attorney to counter-sue and get the business in deeper doo-doo.

TS


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## Phill12 (Dec 2, 2013)

laurac260 said:


> I just posted a negative review on trip advisor last month.



 If I remember right its just on Timeshares and maybe Hotels! Its been awhile since I went on. They are always asking me to come back and give some new reviews because I have a good amount already!

 PHILL12


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## Quadmaniac (Dec 2, 2013)

simpsontruckdriver said:


> In this case, (1) they have a right to dispute the amount from the collection agency. (2) It's not an "empty threat", they must go to an attorney when the lawsuit arrives. The story says that most judges will throw out the case, since SLAPP lawsuits are simply revenge. Take EVERYTHING seriously, because if you don't, they will sneak up and hit you with either of these. Maybe you can get the attorney to counter-sue and get the business in deeper doo-doo.
> 
> TS



It is empty as a company is going to spend a lot of resources on something that does not pay as it gets thrown out ? I've left accurate negative reviews when it is warranted and I have no fear of being sued. Let them try to prove that I wasn't telling the truth and what their damages are....the burden of proof in court has to be pretty high to rule in their favor. If there is a grain of truth in what was posted, it will be thrown out. I've sued enough people to know how solid your case has to be to have them rule in your favor. The burden of proof is on the plaintiff and if you can't prove it conclusively, a judge will not rule in your favor.


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## T_R_Oglodyte (Dec 2, 2013)

Quadmaniac said:


> It is empty as a company is going to spend a lot of resources on something that does not pay as it gets thrown out ? I've left accurate negative reviews when it is warranted and I have no fear of being sued. Let them try to prove that I wasn't telling the truth and what their damages are....the burden of proof in court has to be pretty high to rule in their favor. If there is a grain of truth in what was posted, it will be thrown out. I've sued enough people to know how solid your case has to be to have them rule in your favor. The burden of proof is on the plaintiff and if you can't prove it conclusively, a judge will not rule in your favor.


In  a civil suit, the level of proof is "preponderance of the evidence", which is a significantly lower standard than "beyond a reasonable doubt" used in criminal cases.


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## Pens_Fan (Dec 2, 2013)

I've posted both positive and negative reviews to Trip Advisor.

I've never seen them censor what I have posted.


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## nazclk (Dec 2, 2013)

*Removal by Trip Advisor*

No it's just because what we post is true, however we are not paying like the resorts, that are terrible,  but they pay trip advisor to advertise.  He who pays wins. And trip advisor is supposed to be a non biased website.  HAH that's a joke.


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## taffy19 (Dec 2, 2013)

nazclk said:


> No it's just because what we post is true, however we are not paying like the resorts, that are terrible, but they pay trip advisor to advertise. He who pays wins. And trip advisor is supposed to be a non biased website. HAH that's a joke.


Exactly and here is another story that consumers are warned about that was written quite recently.

Also, I should have written in my earlier post that TA doesn't let SOME people post their reviews or even delete them later. I remember reading it and found the posts (#4 and #10) again here.

I have no beef with Trip Advisor one way or the other because I seldom read it but the few reviews I read I had to agree with after coming back from our accommodations or trips.  You have to read between the lines because opinions are very personal so I rather have a referral from a friend who has been there and whose taste I know.


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## laurac260 (Dec 2, 2013)

*Reminds me of the time when...*

Years ago I purchased a portable baby bottle warmer.  The thing worked great, until one day it didn't.  

I warmed the bottle, went to feed my baby, but thank goodness before I used it I tested the milk on my wrist.  

The milk scalded my skin!  

I posted a product review on the website of the baby catalog I purchased said item from, but the review and comments were deleted.  I had posted on this website before and never had my good comments deleted, but 3 attempts and this review was removed every time!


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## Karen G (Dec 3, 2013)

*Couple fined for negative review*

 Here's an interesting article.I wonder how soon timeshare developer sales people will add similar clauses to their sales contracts.



Sorry--didn't realize this topic was already being discussed.


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## TUGBrian (Dec 3, 2013)

should be able to appeal that to the credit bureau for sure...thats ridiculous.


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## Quadmaniac (Dec 4, 2013)

Karen G said:


> Here's an interesting article.I wonder how soon timeshare developer sales people will add similar clauses to their sales contracts.



That was kind of my point, that they can try to do this, but will it really hold up if you challenge it. They can try to put it on your credit report, but if you raise a fuss, it will be difficult for them to prove the validity in court. I know if they tried to do that to me, I would do the same thing as that couple, fight back and not let them get away with something as underhanded and unethical as that.


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## Talent312 (Dec 4, 2013)

laurac260 said:


> I posted a product review on the website of the baby catalog I purchased said item from, but the review and comments were deleted.  I had posted on this website before and never had my good comments deleted, but 3 attempts and this review was removed every time!



I'd expect the product's own website to delete negative reviews.
One could post a negative review on Amazon, which is often used as a source by other online reviewers.
.


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## pammex (Dec 5, 2013)

I have many posts and reviews on Trip Advisor and other sites.  The one Iconnections referenced was not allowed even with revisions...he who feed the till the most?  I have posted negative reviews a few other times and they were allowed but I was not as frequent a poster at that time nor had so many reviews under my belt.  Really is sad as a resort can only improve if reviews are true and also what reliability do we as readers get if the bad ones do not post...who knows...I tried putting just recently a very short generic Pro's Cons review, of same place and guess what they posted it...funny almost..certainly does not look like a review from me..as mine are almost always long...oh well in case you did not know that resort if being re-branded as a Hyatt in April 2014, wonder what that says about my 2 day certificate...others suggested using at another Dreams resort but it clearly states Dreams PV, very strange.  

I have taken so much flack over on TA over my bad experience, before it all got deleted...never saw folks so adamant about defending a resort..it was my experience not theirs...unreal..

Hmmm...  I do a lot of reviews of products also..guess if I got sued I coudl give them my timeshares LOL, have not much else..kidding


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## Tia (Dec 5, 2013)

Seems like scare tactics. When there is something to gain or protect guess they will stoop to anything to try and intimidate...


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## Rent_Share (Dec 5, 2013)

simpsontruckdriver said:


> Apparently, a lot of retailers now have language that says DO NOT post anything negative about them, or they will sue you for upwards of $10,000. In this case, she ordered something. It was not paid for and not shipped. She could not get a hold of anyone. Both she and PAYPAL cancelled the sale. The retailer came back - by email - and said they were going to file a lawsuit against her for disparaging the company. They also sent her file to a collection agency and reported it on her credit report, making it tough to get credit. Even CNN was unable to get in touch with them!
> 
> Moral of the story: you MAY be sued by the retailer if you say anything negative, so make absolutely sure you're doing it knowing full well they will come after you. And, have an attorney ready to defend you in court.
> 
> TS



On the surface since they never received the goods, the collections agency assignment and ancillary credit agency reporting was clearly a violation of the Fair Debt Collections Practices Act, which carry fines for violation. As long as what they said was truthful the merchants has no case for a suit, just attorney' on staff or retainer


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