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Businesses The Internet Your Rights Online

California Tells Businesses: Stop Trying To Ban Consumer Reviews 275

ericgoldman writes Some businesses are so paranoid about negative consumer reviews that they have contractually banned their customers from writing reviews or imposed fines on consumers who bash them. California has told businesses to stop it. AB 2365--signed by Governor Brown yesterday, and the first law of its kind in the nation--says any contract provisions restricting consumer reviews are void, and simply including an anti-review clause in the contract can trigger penalties of $2,500.
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California Tells Businesses: Stop Trying To Ban Consumer Reviews

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  • One Sure Way (Score:5, Insightful)

    by danaris ( 525051 ) <danaris@NosPaM.mac.com> on Wednesday September 10, 2014 @05:53PM (#47875779) Homepage

    There is one sure way to reduce negative reviews: Make sure your product and/or service is good quality.

    Nothing can entirely eliminate negative reviews, because sometimes people just get a lemon product, or the person giving them service was having a bad day, or they're just ornery people who can't be satisfied. But if you do your job right, monitor your employees to make sure they're not slacking off or mistreating your customers—and, of course, the best way to do this is to make sure they're satisfied with their jobs in the first place—and don't skimp monetarily on the quality of your product, service, or employees, then you're likely to get more good reviews than bad.

    Dan Aris

    • I guess these companies think it is easier to just prevent people from writing negative reviews than to make a good product. It will definitely hurt them in the long run though.
    • There is one sure way to reduce negative reviews: Make sure your product and/or service is good quality.

      It's the best way, but not a sure way. Unscrupulous companies will sometimes engage in reverse-astroturfing, where they hire a bunch of folks to post bad reviews of their competitors.

      • Amazon and Newegg will now mark reviews as "verified buyer" if they bought the product, and I'm sure it affects the overall rating in some way.

      • Unscrupulous companies will sometimes engage in reverse-astroturfing, where they hire a bunch of folks to post bad reviews of their competitors.

        That's called "libel" and it's been illegal forever.

        Posting fake positive reviews is immoral, but legal. Posting fake negative reviews can get your ass hauled into court, and paying for every cent of damage your actions did to the target, multiplied by whatever factor the judge likes...

        • by tlhIngan ( 30335 )

          Unscrupulous companies will sometimes engage in reverse-astroturfing, where they hire a bunch of folks to post bad reviews of their competitors.

          That's called "libel" and it's been illegal forever.

          Posting fake positive reviews is immoral, but legal. Posting fake negative reviews can get your ass hauled into court, and paying for every cent of damage your actions did to the target, multiplied by whatever factor the judge likes...

          Yeah, have you actually TRIED to do that? Especially since those reviews are

  • by future assassin ( 639396 ) on Wednesday September 10, 2014 @05:54PM (#47875783)

    In Canada started doing this from bad reviews on their facebook/twitter pages but dropping the customer and not allowing them to purchase anymore.

    • Please can (Score:4, Insightful)

      by Anonymous Coward on Wednesday September 10, 2014 @06:01PM (#47875847)











      You stop putting the start of your comment in the subject and the rest in the body. Why? BECAUSE IT IS HARD TO READ - like all caps (BUT WORSE). We can quickly gloss over the effect it has on your argument, whether good or bad.
      • by future assassin ( 639396 ) on Wednesday September 10, 2014 @06:03PM (#47875863)

        Yah ok anonymous coward slashdot post police.

        • Re:Please can (Score:5, Informative)

          by Wookact ( 2804191 ) on Wednesday September 10, 2014 @06:15PM (#47875971)
          Well I am not anonymous, and yes it is annoying. I am not sure why you think its a good idea to split up your comment like that. Do you write the first few words of your email in the subject line too? Do you write the first few words on the envelope of the letter? Honestly I don't get the point. Perhaps you can sway my opinion.
        • He's right though -- I had no idea what you were talking about until I read that the first important half of your sentence was in the subject.
        • Putting all of your text in the comment box would make your text more legible, and less like a word salad. Although with words like "Mecial" tossed into the mix, it makes you look like a customer of the companies you're talking about.
          • Oh well a couple spelling mistakes. As for being a customer of those companies, eh no, I do have a posession license but I prefer my weed illegal as it cheaper and better those those so called "medical companies"

        • This is a big problem in terms of legibility. Sometimes, it's easy to tell that you're starting your post in the middle of a sentence, but sometimes, it's impossible. I would say it's worse than posting in ALL CAPS, and around as bad as not having punctuation and paragraph breaks (depending on the length of the text).

          If only there was a -1 unintelligibility mod option. Posts that start in the subject and continue in the body, among the other aforementioned transgressions, would slot perfectly in.

      • I just thought he was a French speaking Canadian.

  • I'm not a great fan of passing additional laws but this one is just good consumer protection. On the other side of the coin, businesses should be able to have comments that are just ridiculous removed as there are some people you just cannot please, no matter what.
    • by mysidia ( 191772 )

      Businesses should be able to have comments that are just ridiculous removed as there are some people you just cannot please, no matter what.

      I disagree. "Ridiculous" is too subjective. I think the main issue is small businesses who do not have many reviews to begin with are disproportionately harmed by negative reviews, especially when false negative claims are made by the one or two people who happen to be "savvy" to a particular review site, where the highly pleased majority of customers never visit

  • by gman003 ( 1693318 ) on Wednesday September 10, 2014 @06:07PM (#47875893)
    We need more penalties just for trying to include illegal terms in a non-negotiable contract. It's not enough to simply say "well, the courts will toss it out if they try to enforce it" - because that relies on people being able to fight a legal battle that they shouldn't have needed to fight to begin with.
    • +1 This! We're already guaranteed our freedom of speech through the first amendment, but having the cash to fight it can be tough for many people. Not to mention that in the case of financial transactions, often times the business gets the upper hand because they can report you to credit agencies, and then you've got even more garbage to contend with... the penalty clause for trying to put language like that in a contract is my favorite part of this whole thing.

      • by Pop69 ( 700500 )
        The amendment you mention says

        Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

        Can't see anything there that affects a private companies ability to include terms in a contract which would restrict your free speech, perhaps you could point it out to me ?
        • by tepples ( 727027 )
          Who passes the bills that give the courts power to enforce such contracts?
        • by geekoid ( 135745 )

          "...and to petition the Government for a redress of grievances. "
          which part of the do you not understand?

  • Law or no law.

  • and comedy in general, Amy's Baking Company is in Arizona.
    https://www.youtube.com/watch?... [youtube.com]
  • by jbolden ( 176878 ) on Wednesday September 10, 2014 @06:24PM (#47876027) Homepage

    Terrific to hear! Nice to see this terrible practiced blocked. It has been awful damaging to enterprise software for almost two decades now.

    • Yep, but so much more needs to be done to reign in EULA's. Having to agree to lousy binding mediation terms just to buy software or sign up for internet service is such a sham. Sadly we often end up having little real choice thanks to either no competition, or competition that employs the same tactics. There should not be 48 pages of EULA just to download and listen to a song.

  • Every once in a while even a bat-s**t crazy state like California gets one right...

  • Look if I was running a business I wouldn't want people writing negative reviews either!

    Think of it this way: bad businessmen have children to feed too and you can't starve their poor kids just because of some arbitrarily designated bad business practices, correct?

    Correct!

    PS: Don't forget to think of the children!

  • Bechmarks? (Score:5, Interesting)

    by BaronM ( 122102 ) on Wednesday September 10, 2014 @08:04PM (#47876619)

    Does this mean that DeWitt clauses (http://sqlmag.com/sql-server/devils-dewitt-clause) prohibiting publication of benchmark results are now invalid by statute in California? I'm sure that would be he very definition of 'unintended consequence', but I'd love for it to be true.

    • by MobyDisk ( 75490 )

      We can hope! Although a better option would be for EULAs to simply be unenforcable entirely.

  • by joeflies ( 529536 ) on Wednesday September 10, 2014 @08:22PM (#47876719)

    In other news, California courts ruled that Yelp is allowed to manipulate the ratings [sfgate.com] that users see, depending on whether the restaurant pays for advertising.

Understanding is always the understanding of a smaller problem in relation to a bigger problem. -- P.D. Ouspensky

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