Consumer Speech — SLAPP-Blog — Public Participation Project

Important decision comes down in Hassell v. Bird

The California Supreme Court issued a ruling in Hassell v. Bird, a case with serious ramifications for consumer speech.

Evan MascagniJuly 3, 2018Consumer Speech, Lyndsey Wajert, California

Student sued for $500k by towing company

A towing company sued a student in a $500,000 defamation lawsuit, claiming he allegedly disparaged the company online. The student had previously sued the company over a parking ticket.

State Anti-SLAPPEvan MascagniJune 12, 2018Utah, Consumer Speech, Defamation

He left a three-star review on TripAdvisor. Now he's being sued.

A Bigfoot-themed attraction in the Midwest filed a lawsuit over a TripAdvisor review left by a Kansas cattle farmer.

State Anti-SLAPPEvan MascagniJune 3, 2018Missouri, Defamation, Consumer Speech

Manhattan Doctor Sues Patient For $1 Million For Posting Negative Reviews Online

A Manhattan woman posted a bad review of a local doctor online, and has spent close to $20,000 fighting the million-dollar lawsuit the doctor filed against her. The doctor accused her of defamation, libel, and causing emotional distress.

State Anti-SLAPPEvan MascagniMay 29, 2018New York, Consumer Speech, Defamation

Law firm sues former client over negative online review

A man who was in the business of buying and selling cars had difficulty getting the title to a vehicle he purchased in Louisiana, so he hired an Austin, Texas law firm to help. The law firm ultimately sued him over an online review he posted about the company.

State Anti-SLAPPEvan MascagniFebruary 14, 2018Texas, Consumer Speech, Defamation, State Anti-SLAPP

Judge dismisses lawsuit against Dr. Oz over fake olive oil claims

The North American Olive Oil Association filed a lawsuit in Georgia state court against television personality Dr. Oz for statements he made regarding the authenticity of olive oil imported into the U.S. “The court has grave concerns that the motivation for the present action falls squarely within the purpose of the anti-SLAPP statute as an attempt to chill speech,” wrote Judge Alford Dempsey, Jr. The judge dismissed the suit.

State Anti-SLAPPEvan MascagniMarch 3, 2017Georgia, State Anti-SLAPP, Consumer Speech

A Supplement Company Sued Over Research It Didn’t Like… And Lost

A company sued a Harvard researcher, claiming his studies cost the company millions of dollars in revenue. The company first tried to bring the lawsuit in Georgia, but later refiled the suit in federal court in Massachusetts, and there, the jury ruled in the researcher’s favor.

State Anti-SLAPPEvan MascagniFebruary 8, 2017Massachusetts, Consumer Speech

President Obama Signs the Consumer Review Fairness Act Into Law

President Obama signed a number of bills into law on Thursday, most notably H.R. 5111, the “Consumer Review Fairness Act of 2016”. The legislation, which passed both houses of congress at the start of December, “makes certain clauses of a form contract void if it prohibits, or restricts, an individual from engaging in a review of a seller’s goods, services, or conduct.”

A law firm tried to sue a student over a bad Yelp review. The judge wasn’t having it.

A judge sided with a student who was sued for leaving a negative review of a law firm online, dismissing the defamation lawsuit and ordering the firm to pay her $26,831.55 in legal fees. The student’s lawyer successfully petitioned the court to have the lawsuit dismissed as a violation of Texas’s law against Strategic Lawsuits Against Public Participation (SLAPP).

State Anti-SLAPPEvan MascagniDecember 4, 2016Texas, State Anti-SLAPP, Defamation, Consumer SLAPPs, Consumer Speech

Bill Outlawing "Gag Clauses" That Punish Customers for Writing Negative Reviews Goes to the President

After more than a year of waiting, Congress has finally okayed a piece of legislation that, if signed by the president, will stop companies from using so-called “non-disparagement” or “gag” clauses to prevent or discourage customers from writing honest reviews.

The Hill: There is still time for President Obama, Congress to protect consumers

Americans recently made their voices heard by electing a new president and Congress. Whether your candidate was elected or not, open, free and transparent elections are what make our democratic system function so smoothly. Another core principle of our democracy is the freedom to express an opinion without the threat of retaliation.

Federal LegislationEvan MascagniNovember 16, 2016Consumer Speech, Consumer Review Fairness ActComment

Legal challenges over online reviews seek to separate fact from fiction

To stop consumer gag clauses and other practices known as strategic lawsuits against public participation, or SLAPP suits, state and federal legislators are moving toward laws specifically spelling out consumers’ rights to post negative, fact-based reviews.

State Anti-SLAPPEvan MascagniJuly 1, 2016New York, Consumer Speech

Couple That Was Sued For $1M Over Yelp Review Asks Court To Dismiss Lawsuit

A Texas couple faced a lawsuit filed by their petsitter for $6,766 over a negative Yelp review. After that case was dropped, the petsitter re-filed the suit as a full-on defamation lawsuit seeking up to $1 million in damages. The couple asked the court to throw the entire case out because it should be prohibited by the Texas anti-SLAPP law.

State Anti-SLAPPEvan MascagniJune 2, 2016Texas, State Anti-SLAPP, Consumer Speech, Defamation

Judge hears Cheyenne man's request to dismiss lottery case

A Wyoming man requested to dismiss a lawsuit the Wyoming Lottery Corp. filed against him for allegedly trying to sabotage the corporation’s relationship with national lottery organizations. The man called the lawsuit a “SLAPP” suit.

State Anti-SLAPPEvan MascagniAugust 10, 2015Wyoming, Consumer Speech

Yelp review gets couple sued

A flooring company brought a defamation lawsuit against a Colorado couple for negative reviews they left on Yelp. The parties eventually settled the suit, but the dispute cost the defendant $65,000 in legal fees.

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