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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.
Reviews are like a box of chocolate.
The person with the loose filling always gets the caramel instead of the strawberry truffle they were expecting.
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.
This law applies specifically to consumer goods. How many consumer goods require an NDA to purchase? In pretty sure not even the Apple store has tried that.
We hope your rules and wisdom choke you / Now we are one in everlasting peace
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.
I own a tiny one person business. In order for me to reply to comments on Yelp! I have to pay them a monthly fee. Last time I looked one patient gave me a glowing review. Before that I was "invisible." After that I got 30 calls from people working for Yelp! trying to get to to 'join.'
Meanwhile, other business review websites have popped up, giving me 4/5 stars. Basically, they quote the Yelp! review, but knock it down one star. For low number of reviews? For?
For me fortunately it probably makes no difference. But at the same time if I'm looking for a plumber it is so easy to go with the guy with good reviews.
A shill posting a fake review is still committing defamation. A company whose purpose is to commit crimes is committing racketeering. This law covers fines for bad reviews from customers not negative reviews from non customers.
My dad pretty much does this. He says sometimes there are customers not worth having. They bitch and moan, saying everything is wrong even though the product is 100% fine. He would not have been in business 40 years if it wasn't, with almost all of his customers being repeat clients. These people just trying to get a massive discount on a product . So my dad just tells them to go to his competitor because he no longer wants their business.
It's like the people in a restaurant who eat 80% of their food then say they don't like it and ask for refund.
I worked at a small independent grocery store where sometimes we had loss leaders. Well there was this one lady who owned a local restaurant and would come in and load up her cart full of the sale item. We told her she couldn't do that and was meant for families. So we started putting limit signs. She would then start sending in her kids to get more. After so much hassle and constantly running out of product annoying others customers, the owner banned her and her family from the store
This law applies specifically to consumer goods. How many consumer goods require an NDA to purchase?
Many EULAs contain something that is NDA-like.
Some consumer products even forbid you from publishing performance metrics or the results of comparative performance testing.... if I recall correctly, VMware used to be known for this, specifically.
Well it wasn't me, I was just a kid working there. And what are you talking about? We sold to everyone at that price. We had a LIMIT sign on it and she STILL had a cart load of product. Remember this wasn't walmart with 50 skids of product in the back, we were a small independent grocer. We let her take it a few times, but enough is enough. When she literally takes 1/'2 the product not leaving much for anybody else that's bullshit.
Let me guess you are one of those asshats who is selfish and takes everything for yourself and screw everyone else.
no, those are nougat. As far as my family knows, the never come with caramal :)
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Agreed. I always go straight to the bad reviews. Usually the 2-3 star are the most useful. 1 star is often posted by people that will never be happy and is usually a rant about something insignificant, unless there are lots of them. Even a company with 99% ratings, I'll look at those 2-3 stars to see how they handle things when they DO have problems,
That's the real lesson companies need to learn. Bad reviews are a great chance for good PR. It's ok to screw up. Last time I logged a complaint at Amazon, I almost felt bad about having said anything. THAT is why they're dominating the market. I have paid extra to buy things through them rather than direct from a dealer because the Amazon backing had that much value to me. I didn't know if the dealer would back the product, but I *KNEW* Amazon would.
Does this mean that DeWitt clauses (http://sqlmag.com/sql-server/devils-dewitt-clause) prohibiting publication of benchmark results are now invalid by statute in California? I'm sure that would be he very definition of 'unintended consequence', but I'd love for it to be true.
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.
To be fair, if all of them end up near Vladivostock instead of just some random location, it's probably the map at fault.
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