Archives February 2015

When Yelp first began, it caught on like wildfire. Users were providing honest ratings, complete with photos, and businesses were receiving valuable bumps in revenue and foot traffic. As time went on, the site became open to gaming. Fake reviews began to pop up, slandering some businesses and inflating others. Yelp recently won a court case that allows it to tailor its reviews as it wants, disabling any chance a business may have had at controlling their Yelp reputation.  It is possible to remove some negative Yelp reviews, but that the chances are very slim.

Asking the Original Poster to Remove

Asking the original poster to remove the review may be your best bet. If you do not know who the poster is try to contact them via Yelp messaging system. However, never ever offer a Yelper money to remove your reviews via Yelp. If you can get a hold of the poster ask them what you can do to make it write. Let them be the one asking for a refund or telling you what it would take to get the review removed.  If you cannot reach an agreement, then read on.

Cease & Desist Letters

If the post contains false information that can be proven, you may want to send the poster a Cease & Desist letter. It is best if you hire an attorney to do this so you can be taken more seriously. Please contact us if you would need an attorney referral.

Lawsuits

You cannot sue Yelp, since the Communications Decency Act protects them, but you can sue the poster. However, be advised that there is a law called the ANTI SLAPP in most US states, which basically allows the defendant to get awarded damages if your lawsuit’s only purpose is to scare them into removing a valid post, which can be proven to be valid and true. You could be liable in paying a large sum of damages.  Additionally, lawsuits are really expensive even if you win, so consider the pros and cons before engaging in a lawsuit. This could also backfire if the poster decides to post more defamatory reviews on other sites and go public with your threats.

Yelp’s Terms of Service

If the review is against some Yelp Terms of Service and content Guidelines, you can simply flag the review and let Yelp know if your reasoning. If you have a valid reason Yelp may remove it. However, be adviced there is only one chance to get Yelp to review a flagged review. If the review gets declined the first time for removal, any further removal requests would result in an automatic email from Yelp stating that someone had already flagged it and they had already reviewed it and found it to be in accordance to the Yelp terms.   This is why it is important that you know what you are doing. We highly recommend that you do not try this method yourself and consult with us first.

Our company has removed many reviews this way and we know what works.  If flagging fails, we then send a legal letter to Yelp with more details and any evidence that we can provide.

Although the chances of removing most reviews this way is low, it is still well worth a shot. We have had about 10% success rate in removing Yelp reviews this way. We also never charge for Yelp removal service unless we are successful.  Every review is different and needs to be analyzed to see if it is a good fit. Please contact us to see what we can do for you.

By Pierre Zarokian
The Digital Millennium Copyright Act was meant to help individuals establish copyrights for their materials online. Unfortunately, it doesn’t work to get defamatory content removed, unless the content was something you owned, such as a section of your website copied or a copied picture that you own the copyright to.  However, be adviced that some sites such as ripoffreport and thedirty.com may not comply with a DMCA take down notice, where the owners use federal protections to justify their behavior.  Sending a notice to Google may not even work, as Google most often asks to deal with the sites directly. We have sent plenty of DMCA notices on behalf of our clients and know what works and what doesn’t.  Unfortunately, most often DMCA would not work to take down defamatory content.

When the DMCA takedown notice fails, there are a few more options left to you.

Establish Your Reputation

You can leverage the power of social media and SEO to help rebuild your reputation after a crisis, and you don’t even need a large budget. It helps to have tools that manage social media for you, identifying what people are saying and who your likely product evangelists are. This lets you build multiple profiles, update content and monitor how everything is performing for you.

Within no time, the negative content will be buried in favor of positive content with a higher user engagement. You also get the bonus of increasing market reach and identifying key influencers you can use to spread your messaging.

This is a service our firm is best at, so if you need a professional to help you, contact us.

Take Legal Action

You cannot sue the site hosting the defamatory content the Communications Decency Act protects them. What you need to do is sue the poster or if it I anonymous you need to sue a “John Doe” and try to subpoena the records of the site hosting the content to find out who posted it. Some sites like Ripoff Report may remove content if you have a court ordered removal and if they don’t Google would most likely comply.

Legal action is costly, and not always guaranteed.  Although our firm does not provide legal removals, we can refer you to one of the best attorneys that does this service.