By Candace Kelley
Correspondent
Before you sit down at your computer to write a review about an item or service you didn’t like, there are a few rules you should keep in mind or you risk getting sued by the business you’re writing about.
Attorney Jonathan Bick says that dozens of cases involving “gripe sites” — sites where consumers post what they don’t like about a business — have landed reviewers in court.
You do have the right to express your opinion, but what you say could get you sued. But if you do want to post about that sandwich you didn’t like or a contractor that you think charged you too much, there are a few things you should keep in mind.
The first question those who post should consider: “When I go on this gripe site do I know what I am saying is wrong?” asked Bick.
In one case, a contractor sued a former client for $750,000 claiming he was defamed. And in another case, a restaurant owner cussed out the reviewer through Twitter. And when Rutgers Administrator Amy Wollock told chemistry teacher Joseph Otteinger that he needed to complete more credits before his teacher’s certificate could be completed, he created the gripe site “AmyWollock.com.” The site included Wollock’s photo and where she lived. He also invited other students to comment about their experiences. Wollock called the police and that site was taken down.
But what about anonymity? Well you won’t have any if it breaks the terms and conditions of the site you are posting to or the internet service provider. Businesses can go after you if those terms are broken.
“That terms and use agreement generally it identifies all of the reasons why you might take down material. For example, if it’s unsubstantiated or racist in nature,” said Bick.
Bick says make sure that what you are posting serves the public interest. Don’t post out of revenge and finally write all of the facts so that another person reading will not be misled by what you have written.
In the end, Bick says that consumers and businesses both play a role in keeping people honest online and that businesses can also try to resolve the matter before spending money and time in court.
“It is relatively easy to identify speakers on the internet. Once they have identified the person, then they can deal with them person to person and that tends to work,” Bick said.
In the meantime, he says these types of cases are new to the court system and if you do post a review or create a gripe site, make sure that not only are the facts and review clear to you, but to other people who may be reading it.