American pet-sitting business wants $1 million in damages from a couple who left a 1-star review

[CanUBe]

[QUOTE]A Texas pet-sitting business is seeking up to $1 million in damages from a couple who gave a one-star review on Yelp and criticized the company's treatment of their tiny blue tropical Betta fish "Gordy" while the family was away on vacation. The company, Prestigious Pets of Dallas, claims the review is a breach of a non-disparagement clause and defamation.

Paul Alan Levy, a Public Citizen lawyer who is defending the couple, summarized the company's [URL="http://www.citizen.org/documents/PrestigiousPetsDistrictCourtComplaint.pdf"]revised suit[/URL] (PDF) targeting the couple.

[QUOTE]The new lawsuit, however, specifies one statement from the review in particular: that the company’s assigned pet-sitter had potentially caused serious harm to the couple’s fish by putting too much food in a fish-bowl while the couple were away on vacation for a few days. The complaint alleges that a charge of overfeeding a fish is libel per se because it amounts to the criminal offense of animal cruelty under Texas law (if giving too much food to a pet fish were really a crime, I expect there would be thousands of Texas second-graders facing jail time every year!)[/QUOTE][/QUOTE]

[url]https://arstechnica.co.uk/tech-policy/2016/06/1-star-yelp-review-on-gordy-the-pet-fish-being-overfed-nets-1m-lawsuit/[/url]

[coup]

I hope this bites their ass and the company is charged with animal cruelty

[GiGaBiTe]

It's crazy to see how many idiot businesses go apeshit over Yelp reviews.

I've seen friends get fired over a bad Yelp review from spiteful customers and they weren't allowed to do anything about it other than walk out the door.

This is why I don't use my real name on Yelp, I've left some genuine 1 star reviews for bad service and JFC some business owners go unhinged.

[sir whoopsalot]

[quote]The company, Prestigious Pets of Dallas, claims the review is a breach of a [b]non-disparagement clause[/b] and defamation.[/quote]

Sorry, what? Go fuck yourself.

[Stroheim]

Who puts an betta fish with pet sitters?

Just give that shit to a neighbor or someone close to you. Saves you a lot of effort and money.

[Sableye]

too bad this kind of stuff just became illegal a few months back

[jordguitar]

[QUOTE=Sir Whoopsalot;52076582]Sorry, what? Go fuck yourself.[/QUOTE]

That means fucking shit. Texas has a anti-SLAPP law and this will be shut down so fast.

[editline]8th April 2017[/editline]

[QUOTE=Sableye;52076598]too bad this kind of stuff just became illegal a few months back[/QUOTE]

Only if it's in a federal court. Texas has their own anti-SLAPP law.

[editline]8th April 2017[/editline]

Also no one bothered to read the article to the end:

Update: In case you were wondering, a judge tossed out this lawsuit.

Judge tosses lawsuit over 1-star Yelp review for overfeeding pet fish
Fish owner: We have a right to express "opinions without the fear of a lawsuit."

DAVID KRAVETS (US) - 1/9/2016, 01:01

[Sprockethead]

Everyone should go write 1 star reviews on their website. Because fuck this sort of rancid shit.

[oxooon]

[QUOTE=Sprockethead;52076906]Everyone should go write 1 star reviews on their website. Because fuck this sort of rancid shit.[/QUOTE]

Why would I do that? I'm not dissatisfied with my experience with them because I never purchased their service.

[Zephyrs]

[QUOTE=Sprockethead;52076906]Everyone should go write 1 star reviews on their website. Because fuck this sort of rancid shit.[/QUOTE]

Making up fraudulent reviews actually could be grounds for a legitimate defamation lawsuit.

[Durrsly]

[QUOTE] (if giving too much food to a pet fish were really a crime, I expect there would be thousands of Texas second-graders facing jail time every year!)[/QUOTE]

yeah im sure comparing the quality of your service to second-graders is going to make you look good.

"shaking the bowl isn't animal cruelty, kids do it all the time!"

[1/4 Life]

[img]https://i.imgur.com/B8KAzIN.png[/img]

[Tigster]

[QUOTE=Sprockethead;52076906]Everyone should go write 1 star reviews on their website. Because fuck this sort of rancid shit.[/QUOTE]

Let us know how your equally rancid plan works out

[Hardpoint Nomad]

[QUOTE=Sprockethead;52076906]Everyone should go write 1 star reviews on their website. Because fuck this sort of rancid shit.[/QUOTE]

Pretty sure raiding is a bannable offense on FP.

I remember the TH89 mass-bannings.

[Karmah]

Streisand effect is going to tear them a new one

[Hickleberry]

I always laugh when business owners take Yelp reviews too seriously, especially when they have an otherwise high rating. For example, there's an alehouse at a nearby city whose owner LOVES to get angry at Yelp reviews, even though they have a 4.5 star average over HUNDREDS of ratings, the owner continues to reply to any negative review (by the way, this place has a notice on their menu that there are no modifications to burgers, no exceptions, even if you have allergies):

Review:

[t]http://imgur.com/31zkZFY.png[/t]

Response:

[t]http://imgur.com/bb7jm7J.png[/t]

And some other responses to reviews where the guy just sounds like an ass:

[t]http://imgur.com/TqlmMUX.png[/t]

[t]http://imgur.com/CiUYdLi.png[/t]

It's just so odd. If I were a business owner and already had a great rating, I wouldn't get all heated over a handful of negative reviews. Just ignore 'em.

[Xenoyia]

[QUOTE=Sir Whoopsalot;52076582]Sorry, what? Go fuck yourself.[/QUOTE]

A non-disparagement clause is the #1 sign of a shitty business that has something to hide

They should be illegal

[Sims_doc]

[QUOTE=Lord Xenoyia;52077426]Snip-O[/QUOTE]
It's a contract, You can basically write anything into it. They agreed to it after all.

[Eskill]

[QUOTE=Sims_doc;52078278]It's a contract, You can basically write anything into it. They agreed to it after all.[/QUOTE]

Like that is going to stop anyone from giving it a bad review.

Shit like this is an open invitation to bad rep.

[Zephyrs]

[QUOTE=Lord Xenoyia;52077426]A non-disparagement clause is the #1 sign of a shitty business that has something to hide

They should be illegal[/QUOTE]

They generally are legally unenforceable, but unenforceable clauses are common in contracts because they not only scare people into submission, but they take time to fight off, and that means more costs.

Another common example is non-compete clauses. Most places invalidate clauses that would prevent you from earning a living (non-competes are supposed to be fore people high up the food chain who get cushy severance packages and may have knowledge of trade secrets that are important to the company, which isn't applicable to grunts at the bottom), but you still have to fight them off if the company sues you.