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| 5/23 |
| 2009/4/30-5/6 [Reference/Law/Court, Finance/Investment] UID:52927 Activity:nil |
4/30 So I have been posting reviews to Tripadvisor. They are usually good.
A couple have been poor. I noticed that the poor ones tend to
recieve poor marks for "helpfulness". I think that is someone at
the establishment marking my poor review as "unhelpful". What
really irritated me is when my honest and accurate review was
removed from the site. I got a letter from Tripadvisor saying that
I had violated policy by "smearing" the establishment. (I actually
rated the place 3 stars but related a poor experience I had.) So
Tripadvisor acts under pressure from property and restaurant owners
to remove bad reviews apparently. This calls into the question the
value of any reviews on that site. This is certainly unethical,
but is there a basis for a lawsuit?
Article I found:
http://www.chicagotribune.com/travel/chi-travelquest_0525_r_lmv_pmmay25,0,5120261.story
\_ See also the East Bay Express story on yelp.
http://www.eastbayexpress.com/gyrobase/yelp_and_the_business_of_extortion_2_0/Content?oid=927491&page=1
-tom
\_ Good article, thanks.
\_ I have a friend at yelp who is one of those people who is so
earnest he pretty much can't tell lie. (It's kind of embarassing
how earnest the guy is.) His take on that article was that
it is 100% bullshit. That said, yelp reviews suck so hard
they are useless.
\_ The guy who owns Mama's Cafe told me he's repeatedly
received calls from Yelp saying that they'll "re-
prioritize" bad reviews in exchange for donations.
\_ This is my least favorite Yelp reviewer on planet:
http://www.yelp.com/user_details?userid=G3bUPrjE__b-jKpYASYFxg
\_ Why? Looks like he gives a lot of relevant information.
\_ how nice:
"It's like the creepy math nerd from high school:
I wouldn't hang out with him if I didn't have
to get his class notes! "
\_ Dude probably was the creepy math nerd.
Anyway, I am not on Yelp to make friends. I want
lots of accurate info and he seems to provide more
than average.
\_ What would you sue them for? They haven't caused you any harm.
IANAL, but you have to have some kind of personal stake in something
to file a lawsuit.
http://www.lectlaw.com/def2/s064.htm
\_ "I suppose a disgruntled business could bring an
unfair-trade-practices-type lawsuit of their Terms of Service,
but it has to hinge on whether they're saying one thing and
then are doing something else. That's the only way there could
be any legal action." |
| 5/23 |
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| www.chicagotribune.com/travel/chi-travelquest_0525_r_lmv_pmmay25,0,5120261.story I received a letter from an attorney threatening to sue me for libel if I did not remove my negative review within 14 days. I have contacted others who have written reviews for this establishment, and they also received the attorney\'s letter. When I contacted TripAdvisor, I received an e-mail that said the site took the threats seriously, but they didn\'t even ask for a copy of the attorney\'s letter. Shouldn\'t TripAdvisor be leading the charge for protecting customers? I received a letter from an attorney threatening to sue me for libel if I did not remove my negative review within 14 days. I have contacted others who have written reviews for this establishment, and they also received the attorney's letter. When I contacted TripAdvisor, I received an e-mail that said the site took the threats seriously, but they didn't even ask for a copy of the attorney's letter. Shouldn't TripAdvisor be leading the charge for protecting customers? A: That fine print that no one reads when you agree to the terms and conditions on TripAdvisor? story But in an e-mail to me, Brooke Ferencsik, senior manager of media relations for TripAdvisor, said, "It is rare that a hotelier threatens a reviewer with legal action, but if we are made aware of such an instance, we will send out a letter to the owner alerting them that their property will be actively monitored by TripAdvisor for suspicious activity and that they must discontinue any attempts to subvert our system. We also make them aware that we have a procedure for penalizing businesses who make such attempts." And if TripAdvisor's words to the unwise don't resonate, you always have the 1st Amendment on your side--you know, that little thing that says, "Congress shall make no law ... " Maybe the hotel's lawyer was absent the day the class studied that chapter. California takes a dim view of something legal eagles call a SLAPP lawsuit, for strategic lawsuit against public participation. Such lawsuits often are used to intimidate people into silence on certain issues. "First thing I would try to do is argue it's a SLAPP suit." Al Anolik, a travel-rights attorney in the San Francisco Bay Area, contends that Wilcox is only trying to give constructive criticism. "The hotel should spend the money on maintenance rather than attorney fees," he said. do exactly what I've seen other property owners do on Trip- Advisor: Have one of their representatives post a concise statement in accordance with TripAdvisor's posting policy, stating that they regret the traveler's negative experience and that they have addressed the issues, if that is the case, and that their property maintains the highest standards and consistently achieves high ratings from travelers and independent hospitality evaluators, if this is the case." The hotel and/or its lawyer might not know about the 1st Amendment, but you'd think a California business would know about reputation management. All the experts agreed that people who post on TripAdvisor or similar sites need not worry about having their say as long as they frame it as opinion rather than fact. Even if the hotel was dirty, it's probably wiser to frame your remarks in terms of your reactions, such as, "It didn't meet my standards for cleanliness." |
| www.eastbayexpress.com/gyrobase/yelp_and_the_business_of_extortion_2_0/Content?oid=927491&page=1 Classifieds Yelp and the Business of Extortion 20 Local business owners say Yelp offers to hide negative customer reviews of their businesses on its web site ... com, the popular San Francisco-based web site in which any person can write a review about nearly any business. John's restaurant has more than one hundred reviews, and averages a healthy 35-star rating. But when John asked Mike what he could do about his bad reviews, he recalls the sales rep responding: "We can move them. In fact, something seemed shady about the state of his restaurant's negative reviews. "When you do get a call from Yelp, and you go to the site, it looks like they have been moved," John said. "You don't know if they happen to be at the top legitimately or if the rep moved them to the top. You don't even know if this is someone who legitimately doesn't like your restaurant. Almost all the time when they call you, the bad ones will be at the top." Usually, John said, he would politely decline to advertise. But inevitably, in another week or so, he'd get another phone call. Occasionally, the voice on the other end of the phone would change, but the calls continued. These days, John chooses to not answer his phone when it's from a number with a 415 area code. During interviews with dozens of business owners over a span of several months, six people told this newspaper that Yelp sales representatives promised to move or remove negative reviews if their business would advertise. In another six instances, positive reviews disappeared -- or negative ones appeared -- after owners declined to advertise. Because they were often asked to advertise soon after receiving negative reviews, many of these business owners believe Yelp employees use such reviews as sales leads. Several, including John, even suspect Yelp employees of writing them. Indeed, Yelp does pay some employees to write reviews of businesses that are solicited for advertising. And in at least one documented instance, a business owner who refused to advertise subsequently received a negative review from a Yelp employee. Many business owners, like John, feel so threatened by Yelp's power to harm their business that they declined to be interviewed unless their identities were concealed. "Every time I had a sales person call me and I said, 'Sorry, it doesn't make sense for me to do this,' ... To these mom-and-pop business owners, Yelp's sales tactics are coercive, unethical, and, possibly, illegal. Yelp officials deny that they move negative reviews, although such allegations have surfaced many times before. The issue is even addressed on the web site's Frequently Asked Questions page. Chief Operating Officer Geoff Donaker said advertisers and sales representatives don't have the ability to move or remove negative reviews. "We wouldn't be in business very long if we started duping customers," he said. But Donaker's denials are challenged by nine local business owners and also by a former contract employee who worked with Yelp in its early days. That person, who is still close to some Yelp employees and only agreed to be interviewed if granted anonymity, said several sales reps have told him they promised to move reviews to get businesses to advertise. Such tactics may be legal, but they clearly raise ethical concerns. Yelp touts its web site as consisting of "real people" writing "real reviews." The allegations of business owners who have tangled with the company suggest otherwise. If Yelp indeed suppresses honest reviews in exchange for its advertisers' money, it is cheating users who expect genuine consumer feedback. Conversely, if Yelp demands payment to remove even dishonest reviews, then advertisers are being cheated. EBMUD Has Yet Another Option Besides a New Mokelumne Dam The water district is ignoring another agency's request to partner on its project while pushing ahead with its plan for a new dam on the Mokelumne River. Separate and Unequal at Berkeley's Small Schools Berkeley High embraced the small schools movement to close its staggering racial achievement gap. But evidence suggests that these schools are exacerbating the very problem they were supposed to solve. |
| www.yelp.com/user_details?userid=G3bUPrjE__b-jKpYASYFxg Sandwiches 4 star rating 4/24/2009 A more relevant name for a sandwich shop / bakery was never conceived. The Bread Line serves up sandwiches on bread baked fresh daily on premises, and during the lunch hour the line is out the door. However, the line moves very quickly, though it looks daunting: usually, you wait in line, order, and pay within 7 minutes on even the busiest day. This is one of my favorite places to grab a relatively quick lunch that is not microwaved, from Trader Joe's, or from the Marvin Center (ie the GW student commons). They serve up delicious sandwiches, piadines, salads, and soup. This place has the BEST egg salad sandwich I've ever had. Huge chunks of egg in a light, creamy sauce, seasoned perhaps with a bit of garlic, salt, and pepper. The best part of this particular sandwich, however, is the lettuce. I don't know what kind they use, but it has a slightly bitter, herbal quality that complements the creamy richness of the egg salad. The bread--two slices of thick white or olive--is delicious, though the crust can be a bit too chewy. The sole reason the Bread Line gets four stars in my book is the bread. Their bread is fantastic, but oftentimes it is inconsistent or the crusts are too hard. Don't get me wrong--I'm a huge fan of crusty crusts--but sometimes their baguettes are a bit... This is a problem for items like their French Madrange ham sandwich. On Fridays, for instance, they had fried cod sandwiches which are superb, along with BBQ pork sandwiches that are tangy, messy, and satisfying. You can choose to forego their sandwiches completely and get a piadine instead. Piadines are like flatbread or pita, which the Bread Line uses to wrap up fillings like lamb and tabouleh on Wednesdays. Their falafel sandwiches are good too, but don't expect pita: their flatbread is sort of like a cross between pita, tortilla, and crepe, but it's delicious, soft, chewy, and grilled. Be sure to split an order of fries--one plate is enough for two or three people. They're not crispy per se, but they're not soggy either. home-style fries, the kind your mom would make (if she made fries). But they're good, and especially good, I've found, dipped in some malt vinegar. There's indoor seating but it can be somewhat stuffy and crowded. There is outdoor seating but that space comes at a premium, as every DC office dweller wants a piece of this beautiful spring weather. Who could blame them, especially if they're enjoying a great Bread Line sandwich to go with the sun? Cool 1 Previous Review: Hide * 3 star rating 12/3/2008 There are certain assumptions we make in order to lead our lives. One assumption is that the sun will rise the next morning (there was a period in my adolescence when I started doubting that assumption--horror and sleeplessness ensued). The other, for me, is that I will be able to grab a cup of joe somewhere to power through my morning classes. Capitol Grounds is a solid, middle-of-the-road cafe that is in a convenient location for me. It's right on the corner of 21st and Pennsylvania, so I usually stop by there on my morning walk to school. My weekday morning ritual is: walk down Pennsylvania and head into Capitol Grounds. Give the cashier a dollar bill, a dime, a nickel, and two pennies. They also offer very reasonably-priced, delicious breakfast items. They also offer bagels and morning wraps, as well as full-on breakfast plates. I give this place three stars primarily because the coffee is not the best. They use Chesapeake Bay coffee, which appears to be decent, but the blends they use taste slightly burnt. Finally, they don't appear to be open on the weekends--definitely not on Sundays. It's like the creepy math nerd from high school: I wouldn't hang out with him if I didn't have to get his class notes! Parks Neighborhood: North Berkeley Hills 5 star rating 12/28/2008 One of the best things about Berkeley is that it is close to nature. You can drive to Tilden Park, or drive out to the coastline. But Berkeley has, within its city limits, various wonderful locations for those who just want a demitasse of nature instead of a cup. I would love to sit at the International House Cafe at the top of Bancroft Avenue and look down at the sun glistening on the Bay, or hike the fire trails above Memorial Stadium. For an experience that is equal parts reflective and surreal, however, nothing beats climbing up Indian Rock. For one, this rock seems to be in the middle of nowhere--it juts up among regular homes and streets. And the climb up is precarious, just narrow steps hewn from the rock itself. But once you get up to the top and find a perch: what a feeling! A place to go for quiet thought, tranquility, and solitude. Mediterranean Neighborhood: Mid-City West 4 star rating 12/27/2008 I have been coming to Moishe's Restaurant since as long as I've been coming to the Farmers Market, which was when the Farmers Market was JUST the Farmers Market and not the Farmers Market next to the Grove. Childhood memories and experiences often determine what foods we love and hate later in adult life; further, they create impressions of what we expect from certain types of food. For me, Moishe's typifies what I classify as "Mediterranean food." How can it not when it has some of the best roast chicken in LA? It is juicy, flavorful, and big, with crisp skin that begs to be slathered with garlic butter. Further, you won't be able to find fresher, more vibrant sides: the green green tabouleh, the fresh creamy hummus, the firm moist cous cous. I personally like the beef and chicken shawerma, but I could recognize that it might not be the best out there. Still, it is very good and I usually find myself devouring shawerma when I visit the Farmers Market. The only true negative--and probably not their fault--is that they have high prices compared to other Mediterranean joints. For instance, Al Wazir Chicken (Hollywood, CA) has perhaps better roast chicken for a few bucks less. But it's like this: my mom might not be the best cook, but her food sure does taste great after a few months out on my own. Pizza Neighborhood: Dupont Circle 4 star rating 12/16/2008 For such a simple food, pizza is surprisingly polarizing. It is the closest food will come to irrational and irreconcilable internecine strife. Why argue the differences when we could be celebrating the diversity? Sometimes I want an obscenely-filling Chicago-style deep-dish pizza from Zachary's (Berkeley and Oakland, CA); other times, I long for the cheap slices of pizza and beer I had in a long-ago trip to the Big Apple. Californian-style pizza with all its frou-frou organic ingredients has its moments, too, as does the straight-up Italian varieties offered by Pizzeria Paradiso in Dupont Circle. You walk up a narrow flight of stairs to a little dining room that looks like it could have been the ground floor of some Washingtonite's home. It's a great place to take a date (if you're not pathetic like me and actually go on dates), especially one of the tables next to the window overlooking P Street. They do seem a bit pricey, especially given the advertised sizes. Luckily, the eight-inch pizza is more than sufficient for the heartiest of appetites and plenty for two (if you order a starter). I would probably recommend a twelve-inch pie with a starter and some bread for a party of three really hungry people. I found their Atomica (Tomato, Salami, Black Olives, Hot Pepper Flakes, Mozzarella) pizza too salty, as well as their Napoletana (Tomato, Basil, Anchovy, Capers, Mozzarella). Personally, I would recommend one of the simpler pies, especially because the best part of their pizzas is, I believe, their heavenly crusts. The crusts are chewy and floury, thick, crisp on the bottom, with a pleasant hint of salt. They are utterly addicting and a perfect foil for the toppings--if you keep them light! The lamb is subtle, with merely the thought of gaminess. It is a great alternative for someone who doesn't want to be weighed down by a shitload of carbs. Overall, Pizzeria Paradiso is one of my favorite dining establishments in DC. California-style-quality fresh ingredients with the best of Neapolitan-s... |
| www.lectlaw.com/def2/s064.htm To do so, a person must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action. There are three requirements for Article III standing: injury in fact, which means an invasion of a legally protected interest that is concrete and particularized, and actual or imminent, not conjectural or hypothetical; a causal relationship between the injury and the challenged conduct, which means that the injury fairly can be traced to the challenged action of the defendant, and has not resulted from the independent action of some third party not before the court; and a likelihood that the injury will be redressed by a favorable decision, which means that the prospect of obtaining relief from the injury as a result of a favorable ruling is not too speculative. The party invoking federal jurisdiction bears the burden of establishing each of these elements. In deciding whether xxx has standing, a court must consider the allegations of fact contained in xxx's declaration and other affidavits in support of his assertion of standing. see also Warth, 422 US at 501 (when addressing motion to dismiss for lack of standing, both district court and court of appeals must accept as true all material allegations of the complaint and must construe the complaint in favor of the party claiming standing). Standing is founded "in concern about the proper--and properly limited--role of the courts in a democratic society. When an individual seeks to avail himself of the federal courts to determine the validity of a legislative action, he must show that he "is immediately in danger of sustaining a direct injury." National Environmental Policy Act (NEPA), 42 USC S 4331, et seq. Someone who seeks injunctive or declaratory relief "must show a very significant possibility' of future harm in order to have standing to bring suit." |