By: Yelp law suit

Yelp law suit — Sun, 10 Aug 2014 10:07:00 +0000

Examine the case of:
Kimzey v. Yelp Inc. US District Court Seattle – Dismissed citing “CDA 230” Immunity.
The case is now in the 9th Circuit Court.
Yelp placed a false defaming statement and one star review on Google next to
to Redmond Mobile Locksmith’s (Redmond WA) paid Google advertising.
When the locksmith company owner contacted Yelp to protest, Yelp asked the
business owner to buy “advertising” for $300.00 per month, and stated that Yelp is protected for false statements made under a law called the “CDA 230”.
The business owner declined at which time Yelp closed the access to the business
owners Yelp account, and then added a second false statement that says a receipt
exists as proof the statement is true, Exhibit 8.
The original statement that appeared for one year on Google with one star rating said –
“1 Review of Redmond Mobile Locksmith – THIS IS BY FAR THE WORST EXPERIENCE I HAVE EVER ENCOUNTERED WITH A …” Exhibit 1.
Ah… you say, but Google just scraped or indexed the content from Yelp,
and it’s a third party statement that is protected under the “CDA 230”,
wrongo legal scholar, although that is what the district court said, when it dismissed the case without proper examination or trial.
A closer look at the evidence shows that the review on Yelp was written about a company called “Redmond Mobile” which if you read the review it states inside of the review itself the name of the business being reviewed. The false review still appears, almost 3 years later. Further examination shows that the poster of the review “Sarah K” is a fraud, and that the review Exhibit 10 originated and was authored by a reviewer named “Sarah” not “Sarah K” and that in fact the review was about a company called “Redmond Mobile”
Furthermore SEC filings – Exhibit 5 show that Google does not take Yelp content by scraping or any other means, Exhibit 6 shows that Yelp has added Google Tags to the Source Code and sent the content to Google, but before they sent the content to Google they added the Plaintiff’s business name “Redmond Mobile Locksmith” to the first line of the review. Exhibit 1.
Yelp uses this one star rated review as a shock value commercial promotion to drive
traffic to the Yelp .com website. Over 50% of Yelp’s traffic comes from Google,
Exhibit 7.
The District court erred in stating that Yelp is protected under the “CDA 230”
and that “Sarah K” “created and developed” the content. Dismissal order 7 May 2014.
Note: “Sarah K” was never mentioned in the complaint document or the following memorandum – Kimzey v. Yelp Inc. – Scribed, which can be found on Google,
however the review by “Sarah K” was added by Yelp attorneys into Yelp’s response to the complaint and a minute order warning was issued.
That information was used as a basis for dismissal.

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By: Yelp law suit