False Yelp Review

[PopRock]

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

I run a business (which I will not say) and I had an irate customer leave a slanderous review on my business Yelp page. Flat out a lie and can easily (and I do mean easily) proven in court.

I have been to small claim's court a couple of times and the judge always asks, "What are your damages? How can you prove your damages?" Of course, a slanderous statement is hard to prove damages in small claims court. Since small claims court is set up to receive compensation for actually damages, would I need to pursue a civil suit in this matter to get punitive damages. I am pretty sure a small claim's court judge cannot award punitive damages...they are only interested in incurred damages that can be proven on paper or shown in a receipt.

I am not interested in discussing the merits of my case and if I have a case or not, because I have full intentions on pursuing this matter in court...I just need to know if it is a small claims matter or a limited civil matter. My goal is two fold: 1) To have the statement court ordered to be removed, 2) To punish the customer for their libel and slanderous statement. I have already reached out to the customer asking for them to remove the review, but they have not replied back to me.

 

[quincy]

What is the name of your state (only U.S. law)? California
. . . . I am not interested in discussing the merits of my case and if I have a case or not, because I have full intentions on pursuing this matter in court...I just need to know if it is a small claims matter or a limited civil matter. My goal is two fold: 1) To have the statement court ordered to be removed, 2) To punish the customer for their libel and slanderous statement. I have already reached out to the customer asking for them to remove the review, but they have not replied back to me.

The merits of the case matter as do all facts, if you wish to be provided with the best advice. If you plan on pursuing the matter in court anyway, you will want to review the facts with an attorney in your area prior to filing suit. I suggest you address your concerns with this attorney.

As a note, written defamation is called "libel." Slander is libel's oral equivalent.

Good luck.



(edit to add: PopRock=ChopChop. See posting history)

 

[tranquility]

You must file in regular court if you want to force the defendant to do something like remove the posting.

 

[quincy]

An attorney-drafted cease and desist letter sent to the reviewer could work to get the Yelp review removed for a lot less than the cost of a lawsuit, which may not be worth pursuing if there is no demonstrable injury.

This is assuming the review is actually libelous, of course.

 

[tranquility]

I think that is an enormous assumption. Besides, the OP also wants to "punish" the tortfeasor.

 

[quincy]

Based on past threads and posts, the OP wants to punish a lot of people.

 

[PopRock]

Actually, you some of you are wrong about me...I am not motivate by greed...I am a person of principal and integrity, but if you come against me falsely, slanderously, through libel...I will do everything in my power to protect my interests. Would you not do the same or just take it in the rear? To each one their own I guess, but I will not stand back on ideal and let someone destroy my reputation or discredit me in any way falsely.

Never the less, I had threaten the customer with a $10,000 lawsuit for libel and file my petition with the courts on Monday (no bluff) and they were scared enough to remove the feedback from my review page. I am not a hungry greedy ******* and I consider the matter resolved at this point.

End of story

 

[Proserpina]

Actually, you some of you are wrong about me...I am not motivate by greed...I am a person of principal and integrity, but if you come against me falsely, slanderously, through libel...I will do everything in my power to protect my interests. Would you not do the same or just take it in the rear? To each one their own I guess, but I will not stand back on ideal and let someone destroy my reputation or discredit me in any way falsely.

Never the less, I had threaten the customer with a $10,000 lawsuit for libel and file my petition with the courts on Monday (no bluff) and they were scared enough to remove the feedback from my review page. I am not a hungry greedy ******* and I consider the matter resolved at this point.

End of story

I'm sure you did.

 

[quincy]

Actually, you some of you are wrong about me...I am not motivate by greed...I am a person of principal and integrity, but if you come against me falsely, slanderously, through libel...I will do everything in my power to protect my interests. Would you not do the same or just take it in the rear? To each one their own I guess, but I will not stand back on ideal and let someone destroy my reputation or discredit me in any way falsely.

Never the less, I had threaten the customer with a $10,000 lawsuit for libel and file my petition with the courts on Monday (no bluff) and they were scared enough to remove the feedback from my review page. I am not a hungry greedy ******* and I consider the matter resolved at this point.

End of story

A reputation is valuable, so protecting yours and the reputation of your business from false attacks can be important. Many people will feel intimidated enough by a threat to sue that they will act to avoid a legal action by meeting reasonable demands.

That is why it is so often recommended on this site to send a cease and desist letter prior to initiating any legal action. A C&D is a relatively inexpensive way to get the relief you seek (when it works).

Generally no one will respond so quickly or easily to such a threat, however. They will often speak with a lawyer prior to responding, for a personal review of the facts. You are incredibly lucky to have the poster of the review respond in less than one day (I saw your post on the other site ) by removing the false claims made on Yelp about your business.

I am happy that you feel the matter is resolved.

 

[cbg]

Q - you might want to check the post history of a poster called ChopChop over on the other forum...

I see you've already checked his post history here.

 

[quincy]

Q - you might want to check the post history of a poster called ChopChop over on the other forum...

I see you've already checked his post history here.

Wow. I don't know whether to feel sorry for PopRock/ChopChop for having so many different legal issues with so many different people, or be impressed by his ability to resolve every one of them on his own without the help of an attorney, and each time in the space of only one day.