Yelp “not guilty”for 1 star review which led to a loss of 95% of locksmith’s business

15 September 2016 Internet, IT & e-Discovery Blog Blog
Authors: Peter Vogel

The 9th Circuit ruled that Yelp was immune from content under the 1996 Communications Decency Act (DCA) which “immunizes providers of interactive computer services against liability arising from content created by third parties.” On September 12, 2016 in the case of Kimzey v. Yelp the court ruled that:

Yelp fell under the Communications Decency Act’s grant of immunity, and rejected Kimzey’s claims to the contrary. The panel held that there were no facts plausibly suggesting that Yelp fabricated content under a third party’s identity. The panel also rejected Kimzey’s theory that Yelp transformed a third party review into its own “advertisement” or “promotion.” The panel concluded that the proliferation and dissemination of content did not equal creation or development of content.

Here was the 2011 1 star review that Kimzey as a pro se plaintiff claimed to destroy 95% of his business:

THIS WAS BY FAR THE WORST EXPERIENCE I HAVE EVER ENCOUNTERED WITH A LOCKSMITH. DO NOT GO THROUGH THIS COMPANY. I had just flew [sic] back from a long business trip with absolutely no sleep, had to drive into work right after getting off the plane. I was so tired that I locked my keys in the car. So when I realized what happened I called Redmond Mobile. The gentlemen [sic] on the phone told me that a technician would be out ASAP and quoted me $50 for the service, which seemed reasonable. $35 for the service call and $15 for the lock. The technician called and said he’d be at my office in 30 min, an hour goes by and nothing. Call the company back to ask about the ETA and was greeted rudely by the person I had spoken to earlier. He took no responsibility. After the technician finally showed up, he was trying to charge me $35 for the service call and $175 for the lock. I got 20% off after trying to argue with him about being late and the incorrect quote. Supposedly, the lock is $15 and up. Bullshit. CALL THIS BUSINESS AT YOUR OWN RISK. I didn’t even need new keys. I just needed my car unlocked.

This may not be over since the LA Times reported that Kimzey will seek a full panel review.

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