Group Defamation Action

As reported recently by the BBC, the existing action is against TripAdvisor. Thousands of unfounded, malicious and wholly unproven allegations are on their site which are damaging the reputation of blameless businesses. These include accusations of:

  • Food poisoning
  • Fraud and theft
  • Racism
  • Assault

The Case Against TripAdvisor

Expert legal advice has been provided that indicates TripAdvisor must take remedial actions or face a class action defamation lawsuit principally, but not solely based on the following. In addition, disclosure of the identity of each defamatory poster will be sought.:

  • TripAdvisor claims that they are not responsible for user generated content - but claims ownership of all posts.
  • TripAdvisor has taken user generated content and used it for commercial purposes, including  making misleading and damaging statements.
  • TripAdvisor has singled out businesses and directly advised consumers not to trust them - even when the majority of their own posters recommend these businesses.
  • The TripAdvisor ratings system is flawed and inconsistent and distorts actual performance and perspective.
  • TripAdvisor overstates the level of trust that can be placed in an individual review on their site. They are thus directly seeking to influence consumer opinion.
  • TripAdvisor has failed to take appropriate action when offered evidence of falsehoods - thus removing their blanket disclaimer defence.
  • TripAdvisor is consistently not abiding by its stated policies.

Overall Standards

In addition, the action will seek the removal of the thousands of posts that:

  • Do not qualify as reviews, but are instead offensive insults of no possible value to consumers - but which nevertheless damage reputation and specifically lower the TripAdvisor ratings.
  • Are over 2 years old, as they are almost certainly irrelevant - and again can grossly distort ratings, which is also misleading for consumers.
  • Advise viewers of the ratings on a property to go to a  named competitor instead.

Back to 'Services for Hotels & Restaurants'

,

Trackbacks/Pingbacks

  1. KwikChex Leads Defamation Action Against TripAdvisor | { FeedBlack } - September 6, 2010

    [...] Details of the case against TripAdvisor can be found on this link to KwikChex [...]

  2. 300 hotels join potential defamation lawsuit against TripAdvisor » Hoteliers Life - September 11, 2010

    [...] Among the complaints against TripAdvisor, as spelled out in an open letter from KwikChex: [...]

  3. Law and Media Round Up, 13 September 2010 « Inforrm's Blog - September 13, 2010

    [...] proposed group action is discussed on the KwikChex website.  The action raises number of interesting legal questions.  It does not [...]

  4. Oprah’s visit to Australia, paying bloggers and Trip Advisor’s angry hotelliers « Ellee Seymour MCIPR - September 22, 2010

    [...] some of the most wounding criticisms are removed within a fortnight. The action is being led by KwikChex, a Bournemouth-based reputation management [...]

Leave a Reply

By continuing to use the KwikChex site, you agree to the use of cookies. More information

In accordance with the new EU directive we advise that the cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click the "Accept" button then you are consenting to this.

Close