Legal Technology News

New California Law Allows Consumers to Write Negative Reviews without Fear
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

New California Law Allows Consumers to Write Negative Reviews without Fear

Summary: Governor Jerry Brown has signed new legislation that prohibits restaurants from fining or taking legal action against customers who leave negative reviews online.

Channel3000 reports that a new law has been established in California that allows users to post honest reviews of restaurants on Yelp without fear of retaliation from the website. Governor Jerry Brown signed the law this week, which will prevent restaurants from pursuing legal action against customers who give them negative reviews online. The legislation appears to be the first to offer such protections to consumers.

  
What
Where


The legislation specifically addresses “disparagement clauses,” which have been included in businesses’ terms of service. These provisions prohibit customers from posting negative comments about the business.

Now, any business that includes such a clause will be fined $2,500 the first time the business attempts to enforce it and $5,000 for each additional attempt. Further, an additional $10,000 will be added if it is determined that the action is “willful, intentional or reckless.”

Many consumers have been shocked as restaurants have punished customers for negative reviews. They argue the reviews are speech that is part of their First Amendment rights. Union Street Guest House in Hudson, New York, attempted to fine wedding parties $500 last month for each negative review written online by anyone in their wedding party. Angered, hundreds of people complained about the restaurant on Yelp in mostly fake reviews.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Yelp stated, “Trying to prevent your customers from talking about their experiences is bad policy, and, in this case, likely unenforceable anyway.”

A French blogger was recently fined the equivalent of $3,200 after his negative review of a restaurant began appearing repeatedly in Google searches of the restaurant.



Photo credit: Mashable.com



 

RELEVANT JOBS

Part-time Contract Federal Government Contracts Attorney

USA-DC-Washington

Koprince Law LLC, a boutique law firm in Lawrence, Kansas that focuses exclusively on the unique leg...

Apply now

Legal Secretary

USA-LA-New Orleans

A New Orleans litigation law firm is seeking an experienced Legal Assistant / Legal Secretary to und...

Apply now

Consumer Bankruptcy Attorney

USA-TX-Fort Worth

We are currently looking for a consumer Bankruptcy Attorney to join our team. This position is respo...

Apply now

Case Manager / Legal Assistant / Paralegal

USA-FL-Clearwater

Want to have a fulfilling career with purpose helping military veterans? We are a *dog friendly* ...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Tax Attorney

USA-MI-Bloomfield Hills

Bloomfield Hills office of a BCG Attorney Search Top Ranked Law Firm seeks tax attorney with 10+ yea...

Apply Now

Tax Attorney

USA-MI-Detroit

Detroit office of a BCG Attorney Search Top Ranked Law Firm seeks tax attorney with 10+ years of exp...

Apply Now

Litigation Attorney

USA-IL-Chicago

Illinois office of a BCG Attorney Search Top Ranked Law Firm seeks litigation attorney with 3+ years...

Apply Now

SEARCH IN ARCHIVE

To Top