Do you use Yelp?

Discussion in 'The Howard Stern Show' started by Shithead, Sep 23, 2015.

  1. Shithead

    Shithead Well-Known Member

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    EXCLUSIVE: Staten Island woman ordered to pay $1,000 fine for bashing floor refinishing business on Yelp
    BY Andy Mai , Dareh Gregorian
    NEW YORK DAILY NEWS
    Wednesday, September 23, 2015, 2:30 AM
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    [​IMG] Ken Murray/NEW YORK DAILY NEWS
    Emily Fanelli said that she is 'sick' after learning of the judge's ruling, ordering her to pay $1,000 for bashing a floor refinishing business in online reviews.
    The reviews are in — and they’ll cost a Staten Island woman $1,000.

    That’s how much a judge has ordered Emily Fanelli to pay for bashing the owner of a floor refinishing business as a “liar” and a “con artist” in scathing online reviews.

    "Are you kidding me? I'm sick," the 67-year-old said after she found about the judge’s ruling from the Daily News.

    "People do reviews all the time. I shouldn't have to pay anything," she said. “It’s freedom of speech.”

    But in a ruling made public Tuesday, Staten Island Civil Court Judge Philip Straniere said Fanelli’s rants on Yelp and another site had crossed the line.

    Fanelli had hired the company, Mr. Sandless, to refinish the floors in her living room and dining room in February for $695.

    The company offers “affordable” floor refinishing with “green” chemicals, court papers say.

    Fanelli wasn’t happy with the finished product, or the “corrective actions” the company took after she complained.

    “The guy destroyed my home,” she said. “It was a total disaster — peeling.”

    So she took to the silive.com website, where she’d found the Mr. Sandless ad, and blasted the company and owner, Matt Gardiner, calling him “a liar and a con artist.”

    She then went on customer review website Yelp, where she was unable to contain her anger in a coherent sentence.

    Finelli bashed the company Mr. Sandless to refinish floors in her home, but was incredibly unsatisfied with the work done. Her complaints on the review website Yelp may cost her $1,000.
    "this guy mat the owner is a scam do not use him you will regret doing business with this company I'm going to court he is a scam customers please beware he will destroy your floors he is nothing by a liar he robs customers, and promises you everything if you want s--- then go with him if you like nice work find another he is A SCAM LIAR BULL----ER," she wrote.

    Two weeks later, she went on Yelp again, complaining about her floors and urging anyone thinking of hiring Gardiner to email her for more information.

    In his ruling, Straniere said that post was “opinion and protected speech,” but the first two crossed the line from opinion to libel.

    “Terms such as ‘scam,’ ‘con artist’ and ‘robs’ imply actions approaching criminal wrongdoing rather than someone who failed to live up to the terms of a contract,” Straniere wrote.

    "They were personal in their invective and were designed to impugn his integrity and business practices with the intent to damage his business reputation," the judge said, ordering Fanelli to pay Gardiner $1000.

    He also denied her bid to force Mr. Sandless to pay for the money she spent on another contractor, but said the company did have to pay her $400 because it didn’t have the proper licenses to do the work in her home.

    The lawyer for Gardiner and his company, Jeffrey Eisenberg, praised the $1000 judgment, saying the judge made “the right decision.”

    “People have freedom of speech online, but she attacked him personally,” Eisenberg said.

    A rep for Yelp said most businesses preferred to counter their critics directly online rather than engage in a legal battle.

    “Consumers have the right to express their opinions about truthful experiences online,” the spokesperson said.

    [​IMG] Ken Murray/NEW YORK DAILY NEWS
    Fanelli said she's planning to appeal. 'I’m not letting him get away with it,' she said.
    “Because of the First Amendment, it is rare that we hear about consumers being sued for exercising their right to free speech.”

    The spokesperson also said that bringing a lawsuit against a customer often brought a business even more negative attention.

    “We frequently find that a better course of action, rather than suing your customers, is publicly responding to a critical review in the same forum,” the Yelp rep said.

    Norman Siegel, a noted civil rights attorney not involved in the case, said the ruling “could chill people from expressing their negative opinions.”

    “Opinions are protected speech,” Siegel said, and Fanelli’s comments — while extreme — are opinion.

    “Context is important,” he said. “She was just spouting off and giving her opinion about his services.”

    “If she called him a convicted felon, that would be different,” he said.

    He encouraged Fanelli to appeal — and she said she’s planning to.

    “I’m not letting him get away with it,” she said.

    “I’m a fighter. I’ll fight you tooth and nail.”
     
  2. rebelfan

    rebelfan Active Member

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    The Judges qualifications and decision should be investigated an official board of inquiry.
     
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  3. reno

    reno VIP Extreme Gold

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    I never heard of Yelp. I think my life is complete without it.
     
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  4. Mr Fantastic

    Mr Fantastic Found Nemo VIP

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    C.C. Deville sure has let himself go. :shitcoffee:
     
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  5. Fa Fa Fruit Fly

    Fa Fa Fruit Fly Well-Known Member

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    So people should be able to make up whatever they want about someone and spread it around?

    How would you feel if you went for a job interview and they declined to hire you because someone posted online that you embezzled money at your last company - but it was a total lie? You'd think the person that said such a thing should be held responsible.

    Same thing here. The woman can vent all she likes, but when she calls him a liar, a scammer and says he robs people, she is making claims that she better have evidence for, because those claims will cost him money and of course he is going to want to protect himself and hold someone responsible for that loss of money.
     
  6. Kool

    Kool Well-Known Member

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    Yelp is pretty good, I use it once and a while. The companies take the reviews very seriously.
     
  7. wigtropolis

    wigtropolis Well-Known Member

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    yelp is a wasteland for bitter housefraus to take out their furious vengenance on a world that left them with a dickless husband and fey children
     
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  8. yaddc

    yaddc Well-Known Member

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    Fuck reviews i go check for my self. People are hard to please.
     
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  9. check1

    check1 VIP Extreme Gold

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    Yelp is horse shit. I've been reviewed a couple times on it extremely positively and one of the times they wouldn't publish the review. I would've never known the difference because I don't ever look at yelp, but the client was a bit annoyed that he went through all the effort so he let me know. I contacted yelp and they told me basically that They didn't believe it could be a real review because it was so damn positive (in so many words).
     
  10. R.P. McMurphy

    R.P. McMurphy Well-Known Member

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    ..since the court found the plaintiff did not have the proper license to do the work in her home to begin with id say the lady was right when she called him a liar, a con, and a bullshitter. judge should have thrown it out, ordered her a refund and sanctioned the asshole for doing work he was not licensed to do.
     
  11. Father O'Blivion

    Father O'Blivion Well-Known Member

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    I use Yelp all the time. I leave good and bad reviews, but only in extreme cases. The last one I left was for a restaurant where I literally had the worst dining experience of my entire life. I can't say enough bad about this joint.
    For starters, we were seated, but no menus. The guy came to take our orders, but we still hadn't received menus. The time was about 11:45AM, but our party of 8 were all given diner menus. We didn't even realize they had a lunch menu until after we ordered. The prices were high, we waited for food over an hour after ordering, tables seated 20 minutes after we ordered were getting their meals first, half of the orders didn't make it to the table, drinks and water glasses were never refilled and to top it all off, the food outright sucked! Needless to say, there were no gratuities forthcoming.
    It's all in my Yelp review. I made it while the manager was refusing to apologize for the world's shittiest service. :)
     
  12. BrulesRules

    BrulesRules Just grab 'em in the biscuits VIP

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    GUILTY
     
  13. x76

    x76 Well-Known Member

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    I like Yelp. I don't enjoy leaving negative reviews, but in the case of a local plumbing outfit I was so angry I actually waited a full year before leaving the review. They flat-out lied to me, preferring to sell me a new Moen kitchen faucet rather than replacing the "cartridge". Even their receptionist said I probably just needed a new cartridge, and the people I talked to AT Moen also said to replace the cartridge. I ripped them a new asshole and feel good about it. THOUGH I COULD NOT CAUTION ALL, I STILL MIGHT WARN A FEW... I mean, this place lied to my face.

    Now, this OTHER plumber I found is the greatest plumber of all time, smart, fast, inexpensive... he got a GLOWING review!
     
  14. wigtropolis

    wigtropolis Well-Known Member

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    At least he didn't try to sell you a water softner
     
  15. bluedevil30

    bluedevil30 Well-Known Member

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    Isn't that what people do on this forum?
     
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  16. x76

    x76 Well-Known Member

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    I also left a bad review for the local Toyota dealership service -- ripping me off to the tune of $475 to replace a driver's side rear-view mirror?! Fuck me runnin! It's a $50 part max and not more than ten minutes to install it, yet they charged me hundreds of bucks for the part and an HOUR of labor? Fucking outrageous!

    Would it have been smarter to NOT rape me and have me return for service on my Toyota and to purchase OTHER vehicles for my two kids?! Someone was just not thinking. I congratulated them on their lack of foresight. SMART.
     
  17. bluedevil30

    bluedevil30 Well-Known Member

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    You obviously don't understand how car dealerships work. Why didn't you ask for a quote before you had the work done?
     
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  18. x76

    x76 Well-Known Member

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    I didn't consider the possibility of getting chainsawraped the way I did. I'd ordered an aftermarket part BUT THEN because it was a leased vehicle I thought that I'd better be a Good Egg and let the dealership make the repair. Of course, they insisted the aftermarket mirror unit wouldn't fit. Unlikely. But the HOUR of labor to swap it out really chafed my nuts. So I guess I was walking in there with my hands over my head going PLEASE KICK ME HARD IN THE NUTS, and they did, and I left them a Yelp review which they actually contacted me regarding, begging for mercy. As if they wouldn't have made MUCH more money in the long run, having me purchase more vehicles from that dealership over the years, rather than going cha-ching and raping me on a small repair.
     
  19. ltd86

    ltd86 Racist Banned User

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    That's absurd. Your argument is that her claims "will cost him money." Using that logic all negative reviews should be banned because they could all cost businesses money.

    The woman wasn't calling the owner a rapist. Her review was strictly about her business interactions with him and her opinion on the end result of his work. She used words that are commonplace in the lexicon of yelp reviews.

    She'll win her appeal
     
  20. Howard Stork

    Howard Stork "Big Nosed and Jewish"

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    Yes, I could use some Help. Financially mostly.