Urbansitter allowed to defame my character and then make me pay to reply?

[freespirit747]

What is the name of your state (only U.S. law)? CA

Hello! My wife is a babysitter and uses the online service urban sitter to advertise her services. Urbansitter connects babysitters with parents who need babysitting services for their children.

On the site, there is a section which allows parents to give reviews of their experience with their babysitter. My wife was defamed on the site untruthfully. We would like to respond, but in order to do so, you have to pay them to open a premium account to respond to the baseless accusations of parents. To me, this does not seem fair at all. She shouldn't have to pay to respond to untruthful claims made against her. Her reputation and business as a babysitter has suffered as a result.

How best to proceed? Should we contact them first? What to do if there is no positive or constructive response?

Thanks!

 

[quincy]

What is the name of your state (only U.S. law)? CA

Hello! My wife is a babysitter and uses the online service urban sitter to advertise her services. Urbansitter connects babysitters with parents who need babysitting services for their children.

On the site, there is a section which allows parents to give reviews of their experience with their babysitter. My wife was defamed on the site untruthfully. We would like to respond, but in order to do so, you have to pay them to open a premium account to respond to the baseless accusations of parents. To me, this does not seem fair at all. She shouldn't have to pay to respond to untruthful claims made against her. Her reputation and business as a babysitter has suffered as a result.

How best to proceed? Should we contact them first? What to do if there is no positive or constructive response?

Thanks!

Although I understand your wife feeling like she shouldn't have to pay to respond to a parent's review, your wife agreed to the Terms of Service of the site before registering, and the Terms of Service clearly outline the fees and subscription costs. There is a cost to respond.

If what was written about your wife was, in fact, defamatory (false and injurious to her reputation), she can use the site's "[email protected]" to report the violation of the Terms of Service by the parent - citing "vii" under the Content and Communication restrictions clause in the terms of use.

The site, at their option, may remove the defamatory review upon receipt of the complaint.

If they do not, then your wife needs to consider carefully whether she wants to consult an attorney in your area for a review of the review, to determine if it can be seen as defamatory and, if defamatory, to go over the pros and cons of filing a defamation suit.

It is possible, since your wife's source of income comes from being profiled on the site, that she could show damages enough to support a defamation claim, but a lawsuit win is never guaranteed and the costs involved in pursuing a suit can be high - not only money-wise but reputation-wise. She may find that other parents will not want to hire a litigious babysitter.

Good luck.

 

[freespirit747]

Thanks mate. We contacted them and they removed the offensive posting, but they still want you to pay in order to respond to parents. It's a quick fix that works for us, they could do better I think, but we will accept this.

Thanks again for your advice.

 

[quincy]

Thanks mate. We contacted them and they removed the offensive posting, but they still want you to pay in order to respond to parents. It's a quick fix that works for us, they could do better I think, but we will accept this.

Thanks again for your advice.

You're welcome, freespirit747.

I am glad to hear the offensive posting was removed at your request.