Naperville body shop sues Aurora man over 'untrue' yelp.com review
A Naperville auto body shop has sued an Aurora man for defamation, arguing that a review on yelp.com went too far in accusing the shop of being either a “criminal empire” or incompetent after a repair bill doubled from an original estimate.
B&L Auto Body, 1340 W. Ogden Ave., recently filed suit in Kane County seeking more than $50,000 in damages against a defendant known as “Michael C.”
The suit states the shop owners believe Michael C. lives in Aurora but want the California-based yelp.com to turn over documents revealing his address and true identity.
“We're not trying to stifle fair comment. We're just trying to protect (B&L's) reputation,” attorney Richard Williams said. “Everybody expects criticism, but this is beyond that.”
The suit state's that a review of the shop written on yelp.com by Michael C. Aug. 18, 2011 was defamatory.
In the review, Michael C. claims he took his car to B&L after it was dented, originally received an $800 estimate, and urged people to go to other shops if they needed work performed.
“It looked good when they got done. The bill, however, had miraculously ballooned to $1,600. Really? So either their (sic) so incompetent that their estimates are off ONE HUNDRED PERCENT ... or they're a criminal empire bent on screwing people and companies out of as much money as possible,” read the review, which was attached to the lawsuit as an exhibit.
Some courts have dismissed lawsuits brought against yelp and other sites where users provide reviews, citing protected commercial speech and opinion.
Williams said shop owner Lawrence Frank learned of the review from a customer, but had no record of a Michael C. who came to the shop or any previous order with similar billing amounts. Williams said he and Frank reached out to yelp for information so they could contact Michael C. but the website refused and also declined to delete his post.
“We have nothing that seems to match (Michael C's) claims. We're not even sure it's an actual customer. It could be a competitor,” William said. “It's not fair and it's not proper. Untrue speech is not protected.”
A cursory review of B&L on yelp.com shows several reviews, including positive ones. Michael C. also has reviewed numerous restaurants in the Naperville, Aurora and Geneva areas, and recently opined that an Aurora buffet was “awful beyond words. Avoid at all costs.”
Yelp is not named as a defendant in the suit; Williams just wants the company to turn over information about Michael C.
In an email, Yelp spokeswoman Kristen Whisenand said she could not comment on specifics of the case because the company had not been served.
“We expect our users to write truthful reviews that reflect real, firsthand experiences, as they are responsible for what they write,” she wrote. “We take numerous steps to aid and protect our users' rights and information. When served with a legal subpoena seeking user information, our policy is to notify the user of this proceeding so they can take whatever legal steps they might wish.”
Both sides are due in court May 31 before Judge F. Keith Brown.