Do I have a case?

[DrivingSchool]

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

I own a driving school business. I had a client that was unhappy with services that were out of my control. Her son needed to finish an educational portion of the driving process before any driving can be done. He did not finish the education process; the mother requested an extension on the education. We don’t give extensions because all services must be done within a year of enrollment, but in this case I gave her an extension because she seemed nice at the time.

Her son did not finish and they ran into technical difficulties with the course. It is a 36 hour online course and she wanted her son to finish it within 4 days on top of regular high school course work. We use a third party provider for the educational portion, I am not and IT person I just provide the driving lessons. Either way she ran into a lot of technical problems and wanted me to push her kid through the program and give him his certificate of competition, ethically I never have and will never do that.

At the end we came to a resolution and I gave her a refund, so she can find services else where. After she cashed the refund check she wrote an online review about my business to the BBB that reflects negatively about my business. The check issued to her was dated and cashed before her complaint on the BBB website. Do I have a lawsuit against this client?

 

[quincy]

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

I own a driving school business. I had a client that was unhappy with services that were out of my control. Her son needed to finish an educational portion of the driving process before any driving can be done. He did not finish the education process; the mother requested an extension on the education. We don’t give extensions because all services must be done within a year of enrollment, but in this case I gave her an extension because she seemed nice at the time. Her son did not finish and they ran into technical difficulties with the course. It is a 36 hour online course and she wanted her son to finish it within 4 days on top of regular high school course work. We use a third party provider for the educational portion, I am not and IT person I just provide the driving lessons. Either way she ran into a lot of technical problems and wanted me to push her kid through the program and give him his certificate of competition, ethically I never have and will never do that.



At the end we came to a resolution and I gave her a refund, so she can find services else where. After she cashed the refund check she wrote an online review about my business to the BBB that reflects negatively about my business. The check issued to her was dated and cashed before her complaint on the BBB website. Do I have a lawsuit against this client?

Any time a negative review is posted anywhere, a lawsuit can result. That said, most negative reviews are not worth the time or effort or money required in order to pursue a legal action against the reviewer.

What was said in the complaint to the BBB that you feel is defamatory, have you lost business as a result of the BBB complaint, and has the BBB contacted you about resolving the matter with the woman?

 

[DrivingSchool]

On 7/31/14 we came to the resolution and I issued the refund that was mailed the same day issued on 8/3/14 because it was the weekend.

8/6/14 I received a letter from the BBB.

8/8/14 I called BBB explain to them that we already came to a resolution without the help of the BBB. Spoke with a BBB representative Patricia she said that the complaint statement would be removed and that I did not need to make a rebuttal statement.

The same day I also called the client, she did not answer my calls, so I emailed her and cc’d her husband. Client’s husband called and said he was sorry and that he will have his wife talk to the BBB to get it removed. The husband also apologized in the email as well.

8/11/14 I called the BBB again to re-confirm that the complaint would not be published. Had the same representative reassure me that it would not.

Fast forward to 10/17/14 while web browsing I found the BBB complaint published.

10/17/14 I called BBB told them we resolved this on 8/8/14. Had 3 BBB representatives transfer me and said that the complaint will be published and be up for 3 years unless if pay for membership services then they would remove it.

I then said I want to put out a rebuttal statement, they said it was too late and the case was closed. I informed them that I was advised by representative Patricia not need to write a written statement since we came to a resolution. When I got transfer again to the manger Raquel she was upset with me so she hung up on me.

Background on my business:
We have 30+ real and honest Google reviews ranking us 5 out of 5 stars
We cater to all students of all backgrounds but most of them happen to go to private school. Most of our students got accepted into the following school: Yale, Princeton, Stanford, Columbia, etc.
Our students are training for the junior Olympics, robotics, have had full ride scholarships to schools because they are top 100 in tennis, baseball, and other sports.

So any complaint will reflect negatively on my business. So when you Google my driving school the Google reviews pop up and now 3-4 links down is the link to the BBB page with the complaint.

This is what client wrote:

Complaint: We paid $350 for an online driving course and 6 hours of driving lessons for our teenage son. When he was on the 6th of 10 lessons he ran into technical difficulties. He resubmitted the quiz section 3 times, but the program still would not let him advance to lesson 7. I've been calling 2 or 3 times a day for a week but no one calls back. So, they've got our $350, but we still don't have our online class completed, 6 hours of driving lessons, or the certificate we need for the DMV. They were helpful on the phone before this glitch, but now, no one calls back. I even stopped by their office hoping to catch someone there, but the lights were off and the door locked. If they're not going to assist my son in getting his permit, they need to give us our money back.
Product_Or_Service: Online driving classes and 6 hours driving lessons

 

[Zigner]

On 7/31/14 we came to the resolution and I issued the refund that was mailed the same day issued on 8/3/14 because it was the weekend.

8/6/14 I received a letter from the BBB.

8/8/14 I called BBB explain to them that we already came to a resolution without the help of the BBB. Spoke with a BBB representative Patricia she said that the complaint statement would be removed and that I did not need to make a rebuttal statement.

The same day I also called the client, she did not answer my calls, so I emailed her and cc’d her husband. Client’s husband called and said he was sorry and that he will have his wife talk to the BBB to get it removed. The husband also apologized in the email as well.

8/11/14 I called the BBB again to re-confirm that the complaint would not be published. Had the same representative reassure me that it would not.

Fast forward to 10/17/14 while web browsing I found the BBB complaint published.

10/17/14 I called BBB told them we resolved this on 8/8/14. Had 3 BBB representatives transfer me and said that the complaint will be published and be up for 3 years unless if pay for membership services then they would remove it.

I then said I want to put out a rebuttal statement, they said it was too late and the case was closed. I informed them that I was advised by representative Patricia not need to write a written statement since we came to a resolution. When I got transfer again to the manger Raquel she was upset with me so she hung up on me.

Background on my business:
We have 30+ real and honest Google reviews ranking us 5 out of 5 stars
We cater to all students of all backgrounds but most of them happen to go to private school. Most of our students got accepted into the following school: Yale, Princeton, Stanford, Columbia, etc.
Our students are training for the junior Olympics, robotics, have had full ride scholarships to schools because they are top 100 in tennis, baseball, and other sports.

So any complaint will reflect negatively on my business. So when you Google my driving school the Google reviews pop up and now 3-4 links down is the link to the BBB page with the complaint.

This is what client wrote:

Complaint: We paid $350 for an online driving course and 6 hours of driving lessons for our teenage son. When he was on the 6th of 10 lessons he ran into technical difficulties. He resubmitted the quiz section 3 times, but the program still would not let him advance to lesson 7. I've been calling 2 or 3 times a day for a week but no one calls back. So, they've got our $350, but we still don't have our online class completed, 6 hours of driving lessons, or the certificate we need for the DMV. They were helpful on the phone before this glitch, but now, no one calls back. I even stopped by their office hoping to catch someone there, but the lights were off and the door locked. If they're not going to assist my son in getting his permit, they need to give us our money back.
Product_Or_Service: Online driving classes and 6 hours driving lessons

Does the BBB shows this as "resolved"? They won't necessarily remove the review, but it should show as resolved.

The BBB is a private entity with no authority what-so-ever. Some see it as a scam or even extortion.

 

[quincy]

On 7/31/14 we came to the resolution and I issued the refund that was mailed the same day issued on 8/3/14 because it was the weekend.

8/6/14 I received a letter from the BBB.

8/8/14 I called BBB explain to them that we already came to a resolution without the help of the BBB. Spoke with a BBB representative Patricia she said that the complaint statement would be removed and that I did not need to make a rebuttal statement.

The same day I also called the client, she did not answer my calls, so I emailed her and cc’d her husband. Client’s husband called and said he was sorry and that he will have his wife talk to the BBB to get it removed. The husband also apologized in the email as well.

8/11/14 I called the BBB again to re-confirm that the complaint would not be published. Had the same representative reassure me that it would not.

Fast forward to 10/17/14 while web browsing I found the BBB complaint published.

10/17/14 I called BBB told them we resolved this on 8/8/14. Had 3 BBB representatives transfer me and said that the complaint will be published and be up for 3 years unless if pay for membership services then they would remove it.

I then said I want to put out a rebuttal statement, they said it was too late and the case was closed. I informed them that I was advised by representative Patricia not need to write a written statement since we came to a resolution. When I got transfer again to the manger Raquel she was upset with me so she hung up on me.

Background on my business:
We have 30+ real and honest Google reviews ranking us 5 out of 5 stars
We cater to all students of all backgrounds but most of them happen to go to private school. Most of our students got accepted into the following school: Yale, Princeton, Stanford, Columbia, etc.
Our students are training for the junior Olympics, robotics, have had full ride scholarships to schools because they are top 100 in tennis, baseball, and other sports.

So any complaint will reflect negatively on my business. So when you Google my driving school the Google reviews pop up and now 3-4 links down is the link to the BBB page with the complaint.

This is what client wrote:

Complaint: We paid $350 for an online driving course and 6 hours of driving lessons for our teenage son. When he was on the 6th of 10 lessons he ran into technical difficulties. He resubmitted the quiz section 3 times, but the program still would not let him advance to lesson 7. I've been calling 2 or 3 times a day for a week but no one calls back. So, they've got our $350, but we still don't have our online class completed, 6 hours of driving lessons, or the certificate we need for the DMV. They were helpful on the phone before this glitch, but now, no one calls back. I even stopped by their office hoping to catch someone there, but the lights were off and the door locked. If they're not going to assist my son in getting his permit, they need to give us our money back.
Product_Or_Service: Online driving classes and 6 hours driving lessons

You could potentially have a claim against the BBB for not removing the negative review if removal has been requested by both you and the woman who wrote it (although most suits against the BBB have been over the BBB's "F" ratings of a business and do not survive a motion to dismiss).

The review of your business seems to relate only facts and nothing defamatory. Is there anything in the written review that is false? I understand that nothing is said that indicates the issue has been resolved but is the review itself false?

edit to add: There was another thread posted about BBB reviews in this section of the forum that offered some information and advice. You might want to read through it. https://forum.freeadvice.com/libel-slander-defamation-88/bbb-wont-remove-libelous-complaint-567179.html

There have been several additional suits against the BBB since the thread in 2011 was created, not so much over the reviews (which could lead to actions against the writer of the review but not the BBB) but over the BBB rating system, which tends to favor those businesses that are BBB members, regardless of the number of complaints filed against the businesses.

 

[DrivingSchool]

I contacted the client and the BBB to request the complaint be removed. BBB said it will not remove it and it will stay up for 3 years. On the BBB website it said the complaint is “resolved” but to my point it was not because I did not get to write a rebuttal. Also, the resolution was not because of any help of the BBB.

Since 10/17 the client has not returned by calls or emails.

I know BBB has no merit and is using fear to get me to pay for their services to remove the complaint. Citing from Wiki:

In 2010 ABC's 20/20 reported in a segment titled "The Best Ratings Money Can Buy" about the irregularities in BBB ratings.[24] They reported that a man created two dummy companies which received A+ ratings as soon as he had paid the membership fee. They also reported that business owners were told that the only way to improve their rating was by paying the fee. In one case a C was turned to an A immediately after a payment and in another case a C minus became an A+. Chef Wolfgang Puck said that some of his businesses receive F's because he refuses to pay a fee. Ritz Carlton, which does not belong either, also receives Fs for not responding to its complaints.[23]

In regards to the client complaint that were not true were:

- “I've been calling 2 or 3 times a day for a week but no one calls back”
We have a recording on our machine that says we are currently not taking phone messages at this time because of high call volumes; any messages left at this machine will go unread. Email us for a response.

90% of our clients are referral based. If you were referred by a friend that went through our course you would have our personal cell number. If you were one of the clients that were not referred by a friend then you would have to email us as per indicated on our answering machine. Our office number doesn’t take calls. We only have an office number because it is required by the DMV.

- “I even stopped by their office hoping to catch someone there, but the lights were off and the door locked.”

All clients when entering our building will be greeted by our receptionist and must check in and sign the sign in sheet. There was no log of this client. Also, all clients have to request an appt. to be seen. We do not have “walk-in.” So if you did walk –in and our lights were turned off and our doors locked perhaps we were at lunch? I don’t know but again we only see clients by appt. only.

 

[Zigner]

In regards to the client complaint that were not true were:

- “I've been calling 2 or 3 times a day for a week but no one calls back”
We have a recording on our machine that says we are currently not taking phone messages at this time because of high call volumes; any messages left at this machine will go unread. Email us for a response.

So you didn't actually call back, which means this could very well be a true statement.

90% of our clients are referral based. If you were referred by a friend that went through our course you would have our personal cell number. If you were one of the clients that were not referred by a friend then you would have to email us as per indicated on our answering machine. Our office number doesn’t take calls. We only have an office number because it is required by the DMV.

You may wish to re-think this. - ETA: Perhaps have your office number forwarded to a cell phone?

- “I even stopped by their office hoping to catch someone there, but the lights were off and the door locked.”

All clients when entering our building will be greeted by our receptionist and must check in and sign the sign in sheet. There was no log of this client. Also, all clients have to request an appt. to be seen. We do not have “walk-in.” So if you did walk –in and our lights were turned off and our doors locked perhaps we were at lunch? I don’t know but again we only see clients by appt. only.

So, again, this could very well be a true statement.

 

[quincy]

I contacted the client and the BBB to request the complaint be removed. BBB said it will not remove it and it will stay up for 3 years. On the BBB website it said the complaint is “resolved” but to my point it was not because I did not get to write a rebuttal. Also, the resolution was not because of any help of the BBB.

Since 10/17 the client has not returned by calls or emails.

I know BBB has no merit and is using fear to get me to pay for their services to remove the complaint. Citing from Wiki:

In 2010 ABC's 20/20 reported in a segment titled "The Best Ratings Money Can Buy" about the irregularities in BBB ratings.[24] They reported that a man created two dummy companies which received A+ ratings as soon as he had paid the membership fee. They also reported that business owners were told that the only way to improve their rating was by paying the fee. In one case a C was turned to an A immediately after a payment and in another case a C minus became an A+. Chef Wolfgang Puck said that some of his businesses receive F's because he refuses to pay a fee. Ritz Carlton, which does not belong either, also receives Fs for not responding to its complaints.[23]

In regards to the client complaint that were not true were:

- “I've been calling 2 or 3 times a day for a week but no one calls back”
We have a recording on our machine that says we are currently not taking phone messages at this time because of high call volumes; any messages left at this machine will go unread. Email us for a response.

90% of our clients are referral based. If you were referred by a friend that went through our course you would have our personal cell number. If you were one of the clients that were not referred by a friend then you would have to email us as per indicated on our answering machine. Our office number doesn’t take calls. We only have an office number because it is required by the DMV.

- “I even stopped by their office hoping to catch someone there, but the lights were off and the door locked.”

All clients when entering our building will be greeted by our receptionist and must check in and sign the sign in sheet. There was no log of this client. Also, all clients have to request an appt. to be seen. We do not have “walk-in.” So if you did walk –in and our lights were turned off and our doors locked perhaps we were at lunch? I don’t know but again we only see clients by appt. only.

Okay. So what was written by the woman was technically true (although what was written gives a reader a false impression of your business) and the BBB site shows that all has been resolved.

Has the review posted by the BBB affected your business in a demonstrable way?

It is hard to sue the BBB, as a note. It can be easier (although not easy) to sue the woman who wrote the review. For either, however, you need to have good evidence of reputational injury, this even though studies have shown a direct correlation between negative reviews and economic losses, so it would not be a surprise if the review has had some effect.

For a recent BBB case out of California that has been one of the few against the BBB to survive a motion to dismiss, you can check out Budget Van Lines, Inc. v Better Business Bureau of Southland, Inc, 2013 WL 4494318 (Cal Ct App, August 20, 2013).

And you can have all facts personally reviewed by an attorney in your area, to see if there is any legal action that would be worth the high cost of pursuing - either against the woman or the BBB - and to see if there are any other legal options that might be available to you.

Good luck, DrivingSchool.

 

[DrivingSchool]

Thank you for all the advice and guidance. It is much appreciated! Keep up the great work on this website

 

[quincy]

Here is a link to Budget Van Lines, Inc v Better Business Bureau of Southland, Inc;
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1497&context=historical

Reading through this can give you a better idea of all that is involved in a suit the type of which you are considering.

From both Zigner and me, thank you for the thanks, DrivingSchool. It is nice to be appreciated.