Sued over bad review??

They won't and cant sue you over a customer review...unless you were straght up lying/exaggerating and even then I don't think it's possible. If it was that easy to go after a person for writing a bad review, "Yelpers" wouldn't exist.

Sounds like they just wanted to scare you into taking it down. I'd be willing to bet that email you got wasn't from a lawyer at all, probably just the owner trying to push the scare tactic along.

Part of me does sympathize with businesses over bad reviews though (not in this case, sounds like they deserved it)...but in the case of 'Yelpers' that think anywhere they go they should be treated like royalty and allowed to be unreasonably demanding lest they destroy a business' reputation and name. People like that make my blood boil.

 

This^

 

Use facts and put the review back up. You can't lose a case like that and if they come at you counter them.

 

Did you confirm the credentials of the lawyer? I know years ago I was in a fight with my landlord after I gave my notice. They tried to strongarm me and threaten all sorts of shit to try and get an extra month of rent and steal my security deposit. I sent them an official looking letter with a list of people cc’d. One was my hairdresser and a couple others. They backed off right away. (The property management company was defrauding people by claiming last months rent was not paid. I lived there 8 years I didn’t have my original receipts and the bank couldn’t find any records because I didn’t have exact dates.)

It isn’t uncommon for people to threaten assuming most people will back down instead of standing up against them.

 

Oh, yes, they can sue. You can sue anyone. Just like one of my old law professor’s used to say “you can sue the Pope in a bastardy proceeding, but it doesn’t mean you’ll win”. They were just being nasty trying to get OP to take the review down.

 

Send this to their lawyer along with your “fee schedule” and ask if they wish to contract with you.

 

I would add the letter to your review.

 

A letter form a lawyer is meaningless, its a scare tactic. Super common. They can't sue you for a bad review period. Just a scare tactic, don't let them try and bully you and throw out those reviews.

Don't even worry about a lawyer until a case is opened in court, when that happens you will be served papers. Then get a lawyer, otherwise its just bullshit.

Whats the name of this place? I don't mind writing a bad review

 

X2.

 

@EastVanTaco ,

In your reviews, did you also include their attempts to make it right via refunds and payment for repairs to Toyota?

 

I had a Ebay shipment with a guaranteed delivery date. 3 days later when shipment still had not I arrived I notified Ebay and seller. EBay posted a review on the seller. All I did was notify Ebay that the delivery date had passed. Seller wrote me a nasty email telling me to never do business with him again. I had no idea that Ebay was going to ding him with a bad review. I just wanted to notify them that package was long overdue.

 

Waiting for review link so I can politey chime in...

 

Let me get this straight:

OP goes to get an alignment and is not happy.

Goes to another shop and pays for work, is satisfied.

Unfortunately finds damages caused by shop #2.

Goes to Toyota, has problem fixed on shop #2's dime and is reimbursed for the alignment.

Finds more damage. Shell's out $130 for the fix.

Doesn't want to pursue the matter further so writes a scathing review and is now being threatened by lawyers.




Have I got it all right?




You're clearly pissed off at the wrong people.

Your problem is actually with Toyota. The shop caused damage and reimbursed you for the job and paid Toyota to fix it. Obviously Toyota didn't finish the job or missed some wires. The company PAID to have it fixed and reimbursed you... as far as they're concerned, the matter is closed, they made it right, and now you post bad reviews.

You should be mad at the Toyota dealer that missed 3 wires and charged you an extra $130 to fix them.

 

Absent malice, they can't do shit

 

What is this liability form you signed?

Is this something that states that the shop has done everything to fix the issue, i.e. have Toyota fix the problem, and that they won't be liable for anything else?

Cause if that's the case, then that's something Toyota should have noticed in the first place.

 

^This.

 

It depends on the applicable law of the jurisdiction in question. Some states have statutes for defamation as well. Generally speaking:

• First, the plaintiff must prove that the defendant made a false and defamatory statement concerning the plaintiff.

• Second, the plaintiff must prove that the defendant made an unprivileged publication to a third party.

• Third, the plaintiff must prove that the publisher acted at least negligently in publishing the communication.

• Fourth, in some cases, the plaintiff must prove special damages.

 

Your review is your “intellectual property” so to speak... although you probably signed it over to google...they have zero claim against you and their not going to sue a cash giant like google. Send the lawyer your fee schedule...if they agree to provide consideration and make you “whole again” then that consideration will be reflected in your revised review! You have something they want and somebody’s gotta pay for it...

 

Agreed. Most people only consider the first point.....the second comes from where the defendant published his writings......the third is where absent malice is mostly linked to failed and lost cases in court

 

I’m not a lawyer, but I know if they keep bugging you, return a copy of the “lawyer’s” notice, along with your own cease and desist their harassment request letter, along with copies of your reciepts documenting your review and it’s facts, and state that it’s your federal right to post fair online reviews of their performance based on H.R. 5111- Consumer Review Fairness Act, and they will leave you alone.

Above all, be fair. @Norsemanvike has a good point, do mention their attempts to make it right, and post only facts.