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California Tells Businesses: Stop Trying To Ban Consumer Reviews
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.
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
Fun. Free. Online. RPG. BattleMaster.
I don't care how many 1-star reviews a place get. You know what matters? How they respond to them.
I'd rather go to a place that replies politely to every negative review than one that ignores them entirely. And if they are genuinely fake, things such as "We have no record of your stay, but we're sorry that you had trouble" speak a thousand times more to what's actually happening then any amount of ignorance.
Everywhere gets bad reviews. You cannot have perfection. What matters is how you deal with when you fuck up.
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.
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.
You never know what you're gonna get.
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That's one more headache for small businesses. Oh great, I forgot to check supplies because I was on Yelp. Now we're out of Dijon mustard. Next thing you know, there's a 1-star review from somebody who loves Dijon mustard. If there isn't any existing law, conspiracy to place unwarranted negative reviews should also be illegal. Competitors and their employees should be barred, or at the very least required to disclose their positions. That would be similar to the financial talking heads on TV who have to say if they own the stocks they discuss.
What you're saying is, every small business has to do business with Yelp. They're the 1000 lb gorilla in this case, and Yelp itself has earned plenty of bad reviews from businesses forced to deal with them.
It doesn't hurt to be nice.
If a company sold me a moldy product, I don't see why I would care if they refuse to sell to me again. It's not like the situation would likely come up.
That's one more headache for small businesses. Oh great, I forgot to check supplies because I was on Yelp. Now we're out of Dijon mustard. Next thing you know, there's a 1-star review from somebody who loves Dijon mustard. If there isn't any existing law, conspiracy to place unwarranted negative reviews should also be illegal. Competitors and their employees should be barred, or at the very least required to disclose their positions. That would be similar to the financial talking heads on TV who have to say if they own the stocks they discuss.
If the business ran out of Dijon mustard, they deserve the one star review from the Dijon lover -- that way other Dijon lovers can steer clear. Why shouldn't a restaurant get bad reviews for not stocking an expected condiment? If the restaurant doesn't have time to stock basic supplies, what else is falling through the cracks?
I don't care how many 1-star reviews a place get. You know what matters? How they respond to them.
I'd rather go to a place that replies politely to every negative review than one that ignores them entirely. And if they are genuinely fake, things such as "We have no record of your stay, but we're sorry that you had trouble" speak a thousand times more to what's actually happening then any amount of ignorance.
Everywhere gets bad reviews. You cannot have perfection. What matters is how you deal with when you fuck up.
This x 1000.
Fuck ups happen, I'd rather stay with someone who understands how to deal with them than someone who pretends they dont happen.
I know quite a few hoteliers (protip: if you want a good room, book direct and not through an agency) and the problem isn't just bad reviews, the problem is that people are too meek (read: gutless) to bring a problem to a owner/managers attention. So the live with the problem for their entire stay and then make a "scathing" review on Yelp or trip advisor. So often a guest can do something about their problem with a short conversation with the owner or manager (or front desk if its a big hotel) but wont. Often the hotel management doesn't know about the problem (previous guests hide or ignore them because they're scared of being charged for it) and managers cant count on housekeepers working for minimum wage (or less in some countries) who have dozens of rooms to do, to do a thorough inspection when a guest leaves.
There is an art form to complaining and getting what you want. First you must be clear about the resolution you would like, but also friendly (this is why I prefer to do it in person rather than over the phone, even if I have to wait in a line). God and hotel managers help those who help themselves, going a little way to fixing an issue is enough to make someone else go a long way. Appreciation is always appreciated, just a thanks. To a hotelier it makes them feel good about themselves and you (this often leads to discounts, free upgrades and drinks, especially for repeat customers). For staff it earns them brownie points, promotions or sometimes bonuses (so if a front desk staffer, concierge or housekeeper helps you, leave a compliment and make sure to mention those who helped you by name).
Beyond this you have the outliers, guests who are just difficult to deal with. I'm sure we all know the kind, people who want to pay bottom dollar but expect champagne service and nothing is ever good enough for these people. Fortunately these people are as rare as they are arrogant and blusterous.
Of course there are always crap hotels. But a bigger issue is that a lot of people who have a bad time have a bad time because they did nothing to fix it. Why wait until after leaving to make your issue known and make a big song and dance on an anonymous message board when 99 times out of 100 they'll fix it for you because being hospitable is what the hospitality industry is all about.
Knowing a bit about how guests behave from the other side of the desk means I explicitly dont trust sites like Trip Advisor or Yelp because they're too easily manipulated by the passive aggressive. Also, they can be manipulated by the other side (especially Trip Advisor) to have genuine negative reviews quashed or edited (remember with these sites, you aren't paying for them so that makes you the product, not the client).
Calling someone a "hater" only means you can not rationally rebut their argument.
You don't get to opt-out of being the subject of other people's freedom of speech.
Unless you're Kim Jong Un.
Freedom of speech. I can say anything I want about anyone.
Within reasonable limits. There are laws that cover libel, slander, nuisance, needlessly yelling "fire" in a crowded theater, etc.
I'm allowed to have an opinion.
Absolutely 100% true. But nobody is obliged to help you express that opinion. And IANAL, but my understanding is that your ability to express an opinion can be affected by any contract you sign, including the click-through contracts these companies are foisting on their customers at the time of purchase.
BTW, I wholeheartedly support what California is doing here. What these companies are doing is unconscionable, but possibly tenable. This law closes the door on it.
If it weren't for deadlines, nothing would be late.
This seems almost like an extortion racket, but done by "refined" gentlemen instead of the mob.