So, a business is threatening to sue me over a yelp review

"Textured Soy Protein" (texturedsoyprotein)
10/24/2014 at 22:08 • Filed to: None

Paging oppo attorneys, armchair or otherwise: A company is trying to make me take down a negative review I posted of them, by threatening to sue me for slander. Should I be worried?

(And there's a TL;DR most of the way down.)

UPDATE: I did a little research, and !!!error: Indecipherable SUB-paragraph formatting!!! ended in a draw. The business was looking for $750k in damages, and the person who got sued at least wasn't on the hook for them. But.

!!! UNKNOWN CONTENT TYPE !!!

ORIGINAL POST:

A while back, I got a bunch of spammy emails from a local company in response to posting my resume online. Like a year and a half ago, I emailed them asking them to take me off their mailing list, and never got a reply of any kind. But I didn't get any more emails, either.

Today, someone else I know got a similar spammy email from this same company, which they asked me if I knew anything about it. This reminded me of the company, so I posted reviews on Yelp and Google, basically saying this company sends out a bunch of spammy emails, and I wouldn't work for a spammy company like them.

The company called me out of the blue, I guess because they found an old version of my resume, and said they had removed me from their mailing list (I guess they found the old email I sent them) and asked if I would take down my negative reviews on Yelp and Google. I said, "sorry, no," and hung up.

I then got texts and emails from the company threatening to sue me for slander if I didn't take down my "reviews containing false statements." I asked the company by email which statements they felt were false so I could change my review. They kept saying "take down the review with the false statements" but wouldn't specify, so I changed my review to say only, "this company emailed me several times when I posted my resume, and I never got a response to my request to be removed from their mailing list. Here's the email they sent me:" and pasted the email.

During this back & forth I told him if he sues me I will file a motion to dismiss, and a counter-claim for harassment.

The back & forth has continued, with that basically being where it sits.

TL;DR...

This company keeps threatening to sue me if I don't take down a negative review which they say has "false statements." I've offered to change any specific statements they believe are false, and revised my review, but they keep responding for me to take down the whole review and won't say which parts of it they believe are false. Should I:

A) Just take down the reviews because it's not worth wasting the time of having this fight, even though the lawsuit is probably completely frivolous and I have nothing to worry about.

B) Change the review to say that I posted a negative review of them, they threatened to sue me for slander if I don't take down the review containing what they believe are false statements, so I have changed my review to contain only true statements about my interactions with this company, and I am prepared to produce the emails in court if the company follows through on a lawsuit. Then wait and see if the company actually sues me.

I see merits in both options, but I am genuinely at a loss for which way to go. What say ye, oppo attorneys?

DISCUSSION (31)

Bad Idea Hat > Textured Soy Protein
10/24/2014 at 22:11

What a bag of dicks. What company is this?

Tohru > Textured Soy Protein
10/24/2014 at 22:12

Not that he can probably help in this case, but...

Kinja'd!!!

Dr. Zoidberg - RIP Oppo > Textured Soy Protein
10/24/2014 at 22:14

Another reason to not use Yelp. I think this started decades ago, when they euphemized the the term "criticism" into "feedback" (you can guess who I shamelessly that from) [I'm not being totally serious right now either]

My citroen won't start > Textured Soy Protein
10/24/2014 at 22:14

I'd say just leave it as it is, they have absolutely no case and are just trying to scare you. In the (very) unlikely event of a lawsuit you have all the emails and paperwork to prove them wrong.

Textured Soy Protein > Bad Idea Hat
10/24/2014 at 22:14

Well, just to be on the safe side given their track record up to this point, I think it's probably best for me not to say.

Bad Idea Hat > Textured Soy Protein
10/24/2014 at 22:15

This is where the internet comes in to Streisand them into oblivion.

Nibby > Textured Soy Protein
10/24/2014 at 22:16

FREEDOM OF SPEECH*

My citroen won't start > Bad Idea Hat
10/24/2014 at 22:16

I assumed it was some sort of evil Pizza based company because of the imagine. In my mind it will always be.

Textured Soy Protein > Bad Idea Hat
10/24/2014 at 22:18

I did think of trying to rally public opinion through the local news haha.

OPPOsaurus WRX > Textured Soy Protein
10/24/2014 at 22:18

It certainly wouldn't be false statements to part all that. Its probably a bunch of BS on thier part just trying to save ass. I dunno if it's a good idea but it would be awesome.

samssun > Textured Soy Protein
10/24/2014 at 22:19

C) Ignore them completely, add even more reviews, and email Yelp about their threats. Internet threats should be laughed at.

dogisbadob > Textured Soy Protein
10/24/2014 at 22:19

Contact Yelp about it.

wiffleballtony > Textured Soy Protein
10/24/2014 at 22:19

Does it rhyme with omcast?

Textured Soy Protein > wiffleballtony
10/24/2014 at 22:21

Ahahahahhahahhahahhahaha! That's awesome. I actually don't even live in Comcast territory. I have Charter, because my landlord won't allow satellite. While not particularly exciting, and having somewhat convoluted pricing, and the picture being not quite as good as satellite, and with a clunky outdated non-HD interface on the cable boxes, they're mostly halfway decent.

Grindintosecond > Textured Soy Protein
10/24/2014 at 22:24

you could pre emptively sue them for threats. If it's true it's not slander.

Biggus Dickus (RevsBro) > Textured Soy Protein
10/24/2014 at 22:30

Personally, I like to fight fire with fire so option B!

PowderHound > Textured Soy Protein
10/24/2014 at 22:30

could be wrong here but check on laws for mailing lists/spam shit. I think they have to have a way to take you off of the list in the spam. That could be something. Plus freedom of speech, especially if it is true.

briannutter1 > Textured Soy Protein
10/24/2014 at 22:33

copy paste the entire deal on the web and alert your local news station. You and them will have a field day.

thedevilinside > Textured Soy Protein
10/24/2014 at 22:37

I like B, it's what I would do and what I would like to hear the results of!

crowmolly > PowderHound
10/24/2014 at 22:40

To the OP, I'd blow it off unless they send you a registered letter or something.

Powder:

They are required to be in compliance with the CAN-SPAM act. I have worked with it in the past and based on what is stated here it appears they were in compliance. If he originally opted-in to their emails they were in the right. THAT IS NOT SAYING THAT THEY WERE RIGHT TO FLOOD HIS INBOX. Just that they were complaint.

Just sayin'

And as a side note, a few weeks ago I was contacted by an "online reputation management" company who offered to help boost my Yelp and Google ratings. How? Easy. Pay them $5 for each fake review they write. They have monitored email accounts and english-as-a-first-langauge writers.

So much for reliable reviews...

Dunnik > Textured Soy Protein
10/24/2014 at 22:48

Oh no, not this again.

Laws are being passed all over the place to expressly bar this kind of activity. But if such laws have yet to reach your jurisdiction soon, well, maybe you can help get them passed!

Unlike Oppo Steve Lehto, I am not a lawyer, and so my first piece of advice is to find one and ask for some free advice. Yes, free. Most lawyers are willing to have a short convo on the phone to ask about such things. Your local bar association may even have some form of legal aid for free consultations, I know mine does.

My armchair legal instincts say you should basically tell them to do their worse, and to escalate this until they yield. The first step is sending them a letter via registered snail mail. This may or may not have to be written by a lawyer. In it you'll claim First Amendment rights (if American), demand documentation from them indicating where in the terms of service or sales agreement it says they can prevent you from posting negative reviews.

If there's no prior agreement then they have nothing to hold you to. Such a case, even in the US, would probably not even be able to be filed.

If they don't back off or point to some obscure section in the 200 page agreement then its time to use the nuclear option. Name and shame the company online. You know the drill, I'm sure. Email journalists, especially those concerned with consumer affairs (like the Consumerist). Your local papers/tv may even be interested in the story if its a slow news day. Contact your state and federal representatives, and state/federal agencies that may have jurisdiction over the company (like the FTC). Create your own free blog documenting your case.

Sit back, and await results.

Meanwhile, Google your experience. You will see yours is not an isolated incident.

 > Textured Soy Protein
10/24/2014 at 22:48

You already made your first mistake by emailing them. You should've ended your communication with them with "sorry, no". Then if they decided to sue contact a lawyer. Chances are they are blowing hot air up your ass anyway and won't actually do anything.

Textured Soy Protein > PowderHound
10/24/2014 at 22:53

The thing that concerns me is that this type of stuff is covered by laws...in certain states. It's called an Anti- SLAPP (Strategic Lawsuit Against Public Participation) law. I live in Wisconsin, where no such law is on the books. So in some states, this has an easy way out. Just not mine.

PowderHound > Textured Soy Protein
10/24/2014 at 22:56

Well, since I have no law background of any sort and just happen to know a few random things here and there... Keep records of everything.

bob and john > Textured Soy Protein
10/24/2014 at 23:08

B. thats what yelp is about.

Dusty Ventures > Textured Soy Protein
10/25/2014 at 00:29

I say don't take it down. If a bad businesses is trying bullying people to remove their negative reviews then those are the businesses that need their shady behavior exposed most of all. I think you should either leave it as is and ignore all future messages from them, or go with your option "B." If you do go with B then make sure you don't say anything even remotely along the lines of "so I have changed my review to contain only true statements about my interactions with this company," because that could be read as an implication that you had in fact posted false, slanderous claims about them. If you do go the B route, make it simply something like "I posted a negative review of them here on Yelp, they threatened to sue me for slander if I don't take down the review. So now I'm giving them a negative review for trying to bully me into removing my negative review."

If you do change your review to mention the lawsuit threats make sure you first get screen grabs of your original/current review. That way if it does go to court you can show exactly what your review originally said. Honestly I think they wouldn't dare though. It sounds to me like they don't have a leg to stand on.

pip bip - choose Corrour > Textured Soy Protein
10/25/2014 at 06:27

tell'em to get fucked!

ranwhenparked > Textured Soy Protein
10/25/2014 at 16:42

Well, legally, you're more than likely in the right, the trouble is do you really want to go through the expense and hassle of proving it in court? That's what the company is counting on - that you'll just cave and take down the review because its the cheapest and easiest path.

Incidentally, I know how frustrating those e-mails are - usually soliciting people for multilevel marketing franchises or straight commission cold calling insurance sales. If I want to work for your company, I'll apply for a job, otherwise leave me the hell alone.

ttyymmnn > Nibby
10/27/2014 at 11:31

The asterisk applies to this:

What Exactly Is Freedom of Speech and How Does It Apply to the Internet?

ACESandEIGHTS > wiffleballtony
10/27/2014 at 11:42

"Kabletown."

As a former Kabletown employee, I can attest to the fact that they are terrible, terrible people to work for.

wiffleballtony > ACESandEIGHTS
10/27/2014 at 12:44

Wasnt Kabletown a 30 Rock reference?