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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4516
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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my business open 2012 and my bussiness listing on yelp have

Resolved Question:

my business open 2012 and my bussiness listing on yelp have negatives reviews on date back as far as 2009 and my business name is XXXXX XXXXX and nails and some of those reviews saying they reviewing for CT tan and nails.. i want to sue yelp for deflamation do i have a case and what should i do?
Submitted: 6 months ago.
Category: Legal
Expert:  Joseph replied 6 months ago.
Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

So the reviews are not for your business? And they are dating back before your business even existed?

Did you buy the business, which initially had a different name and owner?
Customer: replied 6 months ago.

we didn't not buy the bussiness. we sign the leasing as of 2012 when we open our business there was no sign on the building. but then with research ct tan was the previous business on the same location

Expert:  Joseph replied 6 months ago.
Thanks Locq,

I'll look into this and get back to you shortly.
Customer: replied 6 months ago.

thank you

Expert:  Joseph replied 6 months ago.
Thanks.
Expert:  Joseph replied 6 months ago.
Hello Locq,

Unfortunately, you could only sue the people who made the defamatory statements about your company rather than Yelp, as Yelp isn’t legally responsible for the content that is posted there. The people who are posting it are responsible for making false and damaging statements. (Yelp has no way of knowing whether it is true or false).

That said, they definitely have negligent business practices for them to post comments about the previous business in the same place as your business solely because they share the same address, thereby damaging your business’ reputation. Although you cannot sue for defamation (which would also be very costly and unlikely to succeed), you can file a complaint against yelp with the Better Business Bureau:

http://www.bbb.org/greater-san-francisco/business-reviews/internet-services/yelpcom-in-san-francisco-ca-193927

They currently have an A + rating, and wouldn’t want that to lower, so they will definitely work with you to resolve your complaint, including taking down the content that exists prior to when your business existed and is actually about another business and not yours. The response time is nearly immediate and you can work on getting a resolution within a few days or weeks as opposed to the months or years too that a defamation case would possibly take.

I hope the above information is helpful, although I realize some of it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey.

Thanks and best of luck!

-Joseph

Customer: replied 6 months ago.

well i report to the better business bureau last year and they removed those listing.. but recently they put them back

Customer: replied 6 months ago.

i reported it to BBB before and at one point they removed them but just recently put them back

Expert:  Joseph replied 6 months ago.
I'm not sure why they would have done that. I would definitely suggest making another complaint.

You could subpoena information from them if you wanted to obtain the identities of the people posting defamatory comments about your business.
Customer: replied 6 months ago.

i filed another with bbb but bbb throw out my compliant because they said it duplicate.

Customer: replied 6 months ago.

i dont want to deal with all those people reviews them. they post it on the old business. it not their fault.. it yelp purposely merge my business together

Expert:  Joseph replied 6 months ago.
If they are purposefully doing so, knowing that the information is false, you would have a cause of action for defamation. But, as I mentioned that is very hard to prove.

I'm not sure why BBB through your complaint out.

Another option would be to contact your state attorney's general to file a complaint.

You also may be able to maintain a cause of action against yelp for tortious interference with economic relations for their negligence or intentional merger of the two businesses.
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4516
Experience: Attorney with significant and substantial experience in multiple areas of law.
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