A Law Against Being Dumb

We all hate it when people say negative things about us. Obviously, if you’re a business and this happens, the odds are that the mean things are posted in some very public places, which can be damaging to your business. I’ve written a few times about various tactics a business can use to respond to negative reviews or comments: ignoring them, denying them, addressing them in a positive manner, or suing the person who posted them. This last tactic, which is, in my mind, the least effective and most dangerous, is no longer an option.
One of the last things the outgoing Congress did was to pass H.R. 5111 – The Consumer Review Fairness Act of 2016. This law, in its own words:

makes a provision of a form contract void from the inception if it: (1) prohibits or restricts an individual who is a party to such a contract from engaging in written, oral, or pictorial reviews, or other similar performance assessments or analyses of, including by electronic means, the goods, services, or conduct of a person that is also a party to the contract; (2) imposes penalties or fees against individuals who engage in such communications; or (3) transfers or requires the individual to transfer intellectual property rights in review or feedback content (with the exception of a nonexclusive license to use the content) in any otherwise lawful communications about such person or the goods or services provided by such person.

In other words, businesses can’t sue someone because they impose a form contract that prohibits the customer from making negative comments and it forbids businesses from slapping fees on customers who do so. We’ve seen this done by several businesses over negative Yelp reviews. Then there is the case of the company that bricked a users software after he posted a negative review (and I’m unclear if the Act actually prohibits this!). As you’re reading this, I’m hoping your response is “why do we need a law to stop businesses from being stupid?”

Good point. That said, some consumers have spent many hours and thousands of dollars defending themselves against voicing their honest opinions which are based in fact (the law doesn’t by the way, negate existing libel or slander laws). But let’s not stray from the important point: how to handle negative reviews.

  1. Apologize. Do so loudly and in the same forum where the consumer voiced their opinion. It doesn’t matter if they’re dead wrong.
  2. Take a deep breath and ask yourself if there are grounds for the complaint. Be honest. Is this a one-off or have others complained about similar issues?
  3. Ask to take the discussion offline into a private forum – email, phone, direct messages, etc.
  4. Make it right – no “buts” and don’t “try.” That doesn’t mean you should accept a ridiculous offer from them (lifetime free meals because they found a hair in their salad) but you should compromise on something that is reasonable and lets the customer know they’ve been taken seriously and not ignored.

We shouldn’t need a law to help businesses from being dumb but until many of us wise up and quit suing our customers for voicing their opinions, this one is on the books. Thoughts?

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Filed under Consulting, digital media, Huh?

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