Professor at Western State College of Law, Lori Roberts, wrote an article titled “Brawling with the Consumer Review Site Bully,” which has been published in the University of Cincinnati Law Review, at 84 U. Cin. 633 (2016).
Professor Roberts’ article explores the seedy underbelly of crowd-sourced consumer review sites, examines the relationship between consumer review sites, reviewers, and the businesses being reviewed, and outlines the legal landscape for businesses brawling with the consumer review sites.
The Article proposes a solution that includes enforcement of non-disparagement clauses in consumer contracts while acknowledging the critical importance of free speech and public debate, the policies behind anti-SLAPP laws, and the bad public policy of enabling businesses to offer inferior products and service while secretly tucking non-disparagement clauses into their terms of service.