Yelp - Fake Reviews

<p>I stumbled upon the following review on Yelp some time ago:<br /><br />"Frozen Moments Portraits covered our family's wedding this past month and we were not satisfied with the service Kerri provided. The pictures turned out horrible and I should have expected this by the look of her website. Unfortunately we booked her due to her cheap price. Kerri had an attitude the entire time and was very rude when telling us how to pose for pictures - nobody should have to deal with this on their wedding day. PLEASE spend a little more on your photographer for better quality and service. It'll be worth it, trust me!"</p>

<p>The reviewer lists their location in Maryland and also posted reviews in Virginia and DC. Here's the thing; I never shot a wedding in any of those places. Aside from that, each bride that I have photographed has not only written me a glowing testimonial, but I have also received referrals from them.<br>

I have brought the issue up to Yelp, specifically stating that I never photographed in said area. Their response is that while I may be unhappy with the negative review, it is not against the terms of service since it shows their experience. They suggested I try to contact the poster, which I did some time ago - of course receiving no answer.<br>

Worst yet, I am sure you all know that Yelp filters reviews. For some reason, this one star review is the only unfiltered. First I thought it was because said reviewer had posted more reviews, but there is another filtered review that has posted somewhere around 12.<br>

I feel this review is going to hurt me. When googling myself, it comes up right on top of the page. Yelp will no longer respond to my emails. Is fake reviews just something we need to deal with?</p>

<p>i feel for you, that's just awful.<br>

i don't know the answer to your question, but i sincerely hope there is something that can be done.<br>

it can only be a competitor. how can some people sleep at night doing this kind of thing? <br>

if it were me i'd phone yelp, and just be very patient and not lose my temper but stay on the phone. that's the secret when dealing with these people, they won't hang up on you and if you don't hang up then they will give in - it's a technique that i've had 100% success with.<br>

best of luck</p>

<p>Try leaving your own Review/statement as a rebuttal so that when someone Googles your name the rebuttal shows up too.</p>

<p>I would speak to a lawyer about the possibility of suing Yelp for defamation. They're the publisher, so ought to be liable. A lawyer's letter should be enough at least to get them to remove it pronto.</p>

<p>In addition to Simon's remarks and factoring in the any shielding of liability the site may enjoy, I also suggest consulting an attorney about obtaining an injunction against the person, a action for defamation and, if need be, a subpoena or other action to identify the party involved. This is not one of those times where representation by a lawyer is overkill or impractical. This may appear again elsewhere even if removed and follow you around and be very costly. You need to make sure this person does not make new posts of this nature about you as well anywhere. If the person is a pro photographer this may fall under an unfair trade practices type legislation that many states have. In my state a person liable for such a misrepresentation under the Unfair Trade Practices Act (a competitor certainly would qualify) has to pay the attorney fees among other things. If they do not have collectible assets, there is a fund where some financial recovery can be obtained. Maybe there are similar remedies there as well. Under some state statutes there might even be criminal conduct involved. I would show no mercy if personally attacked and potentially deprived of livelihood in this manner.</p>

<p>John, I thought about that but its such a grey area. If I respond with a sort of an apology about their 'experience' then I am admitting guilt. On the other hand, if I say this event never occurred I am being unprofessional.<br>

As far as contacting Yelp, email is the only option as they have no phone number. I have been searching "Yelp fake reviews" and other variations for some time and came up with nothing. Oddly enough, as soon as I typed in "Yelp phone number" there were quite a few posts similar to mine. I also took a look at their BBB standings (http://www.bbb.org/greater-san-francisco/business-reviews/internet-services/yelpcom-in-san-francisco-ca-193927). I currently have an outstanding battle with Facebook for a relatively decent amount of money with the BBB so I don't think putting in a complaint with another company will help my case much.<br>

While speaking to a lawyer is a good thing, it also requires a sum of money that I unfortunately don't have to spend.<br>

I know there are many companies that remove negative reviews if you ask them and I don't entirely agree with this. A customer should be able to view both the negatives and positives. But, in this case I could supply proof that I never photographed there (by means of tax information from last year).</p>

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<p>On the other hand, if I say this event never occurred I am being unprofessional.</p>

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<p>Correcting a blatant false and defamatory statement about your professional history is unprofessional? Is it not the opposite?</p>

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<p>speaking to a lawyer is a good thing, it also requires a sum of money</p>

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<p>That's not true. Most lawyers handling these types of cases will give you an initial free consultation and some of them will prove to be very informative. As I mentioned, you may be entitled to collect attorney fees and if it it appears that money can be recovered in either event, attorneys routinely handle matters on contingency. Meaning they get paid from the proceeds. Please don't scare people in need of help off by making blanket statements like that.</p>

<p>Yes, but the accusation to what is said to be an apparent past client. I suppose it's just a matter or wording.</p>

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<p>Yes, but the accusation to what is said to be an apparent past client. I suppose it's just a matter or wording.</p>

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<p>You just told us "<em>each bride that I have photographed has not only written me a glowing testimonial</em>". Unless you made that up, the odds of this being a competitor vs. some disgruntled client are much different. </p>

 

<p>I was speaking more for those who will stumble upon the review and see my response. I'll just have to put some good thought into it.</p>

<p>You seem a bit confused about whether it is a client that posted it and whether you really want to get it removed. Assuming it is not genuine, then IMHO you would be absolutely crazy to even consider leaving it, with or without a comment from you attached.</p>

<p>Yelp's details aren't hard to find out - a quick look at their terms gives their name, and <a href="http://investing.businessweek.com/research/stocks/private/snapshot.asp?privcapId=24558792">a quick Google</a> brings up:</p>

 

 

<blockquote>

<h2 >Company Overview</h2>

<p id="bDesc">Yelp, Inc., an online community, provides information on urban city guide. Its information helps people to find places to eat, shop, drink, relax, and play. Yelp, Inc. was founded in 2004 and is headquartered in San Francisco, California.</p>

 

 

 

<p>706 Mission Street<br>

7th Floor<br>

San Francisco, CA 94103</p>

<p >United States<br>

Founded in <strong>2004</strong></p>

 

 

 

 

<p >Phone:</p>

<p >415-908-3801</p>

<p >Fax:</p>

<p >415-462-0506<br>

<a href="http://www.yelp.com/" target="_blank">www.yelp.com</a></p>

 

 

 

</blockquote>

 

<blockquote>

<h2 >Key Executives</h2>

 

 

<a href="http://investing.businessweek.com/research/stocks/private/person.asp?personId=24979241">Mr. Russel Simmons</a>

Co-Founder and Advisor

 

 

 

 

<a href="http://investing.businessweek.com/research/stocks/private/person.asp?personId=111587184">Mr. Vlado Herman</a>

Chief Financial Officer

 

 

 

 

<a href="http://investing.businessweek.com/research/stocks/private/person.asp?personId=24979235">Mr. Nish Nadaraja</a>

Marketing Director

 

 

 

 

<a href="http://investing.businessweek.com/research/stocks/private/person.asp?personId=7512895">Ms. Cindy Mesaros</a>

Vice President of People

 

 

<a href="http://investing.businessweek.com/research/stocks/private/person.asp?personId=108958776">Mr. Denis O'Dwyer</a>

Vice President of Local Sales

</blockquote>

<p>If the review is fake and you want to remove it, you need a lawyer's letter. You might want to try to find out who posted it at the same time. But it's up to you.</p>

<p>I'm not sure why you would say that. What's to be confused about? I've never been in those states. I have no other way to find out who posted it. I will see what I can do about a lawyer.</p>

<p>There seems to be quite a bit of confusion overall.</p>

<p>i'm confused, but i shouldn't be.<br>

if the review is a lie, then get it removed. end of story.</p>

<p>Before trying to get the review removed, you should determine if it is really fake. Even though the reviewer appears to be in places in which you've never shot a wedding, they could have moved to those places since you photographed their wedding. Nothing like hiring a lawyer to sue people and then find out you actually photographed their wedding.</p>

<p>I'd try to find out first, but if I couldn't find out, I'd post a rebuttal, calmly saying that you've never photographed a wedding in those locations. You don't have to accuse the reviewer of anything. I thought the reviewer had to post their wedding date. If so, wouldn't it be easy to find out?</p>

<p>OK, I looked at the entry more closely, and the reviewer says you photographed a family wedding in the month previous to his/her entry. The reviewer's member page shows other reviews for vendors related to weddings. I would think you'd be able to figure out who it might possibly be...</p>

<p>The review isn't consistent. She says it was family but she also says that she booked us. I wish that you wouldn't assume that I didn't do that research before posting here.</p>

<p>I keep in contact with my brides and they haven't moved. They have also seen the post and were completely unaware and after the fact, still months later I have them send clients to me.<br>

Like I said, I'll see what a lawyer has to say.</p>

<p> </p>

<p>I didn't assume you didn't do your research. However, I assume you know each bride you photographed in the month or two before the post date. I would make sure that I could rule out each one, one by one. If she is a 'she', for instance, why is her name Mark C.? If she is using an alias, perhaps the location is fake as well. For some reason, some people will tell you that you did a great job, and then gripe about you when you can't respond in person. Strange, but true. It could be a family member posing as the bride. In other words, you cannot really conclude definitively that the review is fake until you really know who Mark C. is.</p>

<p>I don't know why you feel posting a rebuttal is unprofessional. You needn't go on the defensive. Just sound slightly perplexed--say you never photographed a wedding in Maryland or for anyone named Mark C., so perhaps they have their facts wrong, and anyway, if anyone had any problems with any wedding you photographed, you are always open to discussion...</p>

<p>I take it there's no chance of this being a case of similar or same name? After all it's not as if your name is Nebuchadnezzar or something so as to have very little or no chance of another person having the same name as you...</p>

<p>Aside from that, I think you should be a little bit more lenient and friendly to the people here - they're, after all, only trying to help you and part of that help is ensuring you don't act foolishly or haphazardly...;-)</p>

<p>Kerry initially presented the situation as a fake review and the initial answers assumed that for the sake of discussion and that was under the assumption that the identity would need to be revealed before acting. Given the the follow ups and other information fleshed the odds of this being a fake are more in flux than ever. Hopefully this hasn't been a wasted effort.</p>

<p>"Most lawyers handling these types of cases will give you an initial free consultation and some of them will prove to be very informative."</p>

<p>John's a lawyer and I'm not, but I'd like to chime in on this comment to say that I agree. I had until a few years ago a strong lawyer-phobia. I didn't like the idea of lawyers until I had a situation wehre I thought I was outgunned, so I called one and got great advise in one of theose free consultations John mentions. He told me I could talk to him for 15 mintues and in that time he not only told me what I needed to know but made me feel confident that he knew what he was talking about. (In that situation there were no actual damages except for my ego and it didn't seem to be worth pursuing legally.) I still have a bit of lawyer-aversion but realize that calling a professional is a good thing when one is needed. For the OP, this might be one of those times!</p>

<p>Ker, you should know that every comment here has been made in support of you and your effort to clear your good name. Please don't take anything here personally or as intending any kind of offense. Nadiine, for example, was highlighting a possibility that many people overlook, namely, that the person posting the review was actually a member of a client's family and was actually unhappy about something, but chose to obfuscate his or her identity and location to avoid confrontation with you. This, of course, is not a legitimate or honorable way of offering feedback, but some people do this. Nadine simply wanted to help you consider every possibility to avoid going to the trouble of hiring a lawyer only to find out that the writer actually did participate in a wedding you shot, however remote that possibility might be.</p>

<p>A lawyer can do a couple of things for you. He or she can send a letter to Yelp informing them that you have legal representation and an expectation that Yelp will not facilitate or participate in your defamation, or otherwise interfere with your business. A lawyer may also be able to issue a subpoena to Yelp to force them to turn over information that could help you identify the party who wrote that critical comment. </p>

<p>These are important steps, and if you're sensing any critical spirit in any of the posts you've read, above, it is mainly coming from confusion on our part about why you would hesitate to take steps that seem quite obviously necessary to protect your business against apparently malicious defamation. </p>

<p>Also bear in mind that because Yelp is the publisher of the defamation, they should be liable for it. This means they have an interest in helping you identifying the person who made the comment (and/or removing it), since they will hope to deflect any potential liability from themselves.</p>

<p>The way the comment is worded however it does sound it may have been made by a family member rather than the bride and groom: "covered <strong>our family's wedding</strong> this past month" ie. not "covered my wedding"</p>

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<p>Yelp is the publisher of the defamation, they should be liable for it.</p>

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<p>There is the "Section 230" issue to contend with which was designed, among other things, to shield websites from liability for things other people say that the site can't verify. Imagine if photo.net could be liable for for potentially defamatory statements the contributors make. It would have a chilling effect on user contribution websites even existing...</p>

<p>http://www.eff.org/issues/bloggers/legal/liability/230</p>

<p>http://www.citmedialaw.org/legal-guide/immunity-online-publishers-under-communications-decency-act</p>

<p>But there are potential limits evolving...</p>

<p>http://maudnewton.com/blog/?p=8711</p>

<p>The way the comment is worded however it does sound it may have been made by a family member rather than the bride and groom: "covered <strong>our family's wedding</strong> this past month" ie. not "covered my wedding"</p>

<p>Simon, the next sentence also says "we booked her", though. If my cousin books someone do I consider myself involved with that? Unless of course I was the one to either sign a paper or hand a check. But maybe I'm wrong. That's where I am having trouble finding the consistency and what raises the flag for me.</p>

<p>Aside from that, I think you should be a little bit more lenient and friendly to the people here - they're, after all, only trying to help you and part of that help is ensuring you don't act foolishly or haphazardly...;-)</p>

<p>I was offended at the assumptions that I didn't research this on my own. I have tried every angle to find out where this post came from and am at a total loss. If it wasn't an assumption, then it was my error to believe so.</p>