Monthly Archives: January 2017

January 9, 2017 · 12:50 pm

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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January 6, 2017 · 9:13 am

The Missing Ingredient

First Foodie Friday of the year! If you read yesterday’s post you know that I’m on the road in Florida wth my folks, moving them into an independent living community. Part of the appeal of where they’ll be living is that their meals are all served in a lovely central dining room. I’ve now eaten there a few times and while the food was nicely cooked, I felt that it was on the bland side. Something is definitely missing. I thought it might be seasoning but I did have a blackened salmon one night which certainly had spice. It took until last evening to put my finger on it.

Their new home is a community where many of the residents suffer from hypertension. As a result, the chef doesn’t use much salt in his cooking. While there is salt (and pepper) available on the table, I guess I’ve become used to most dishes I’m served (and those I cook myself) having an appropriate, although not excessive, amount of salt to enhance the other flavors that are going on in the dish. That’s what was lacking here, and it’s a good reminder about business as well.

No one orders most dishes with salt in mind (ok, salt crusted fish and a few other things are the exceptions) but they will certainly notice if the salt is absent. There are certain things customers expect from a business which are certainly not their primary reason for patronizing a business but which will dimish the experience if they’re not present. Sometimes we forget the most basic, simple ingredients in our businesses or we dimish their importance. That’s a big mistake. Even if other elements are perfect, the lack of a key, basic ingredient can wipe out all of our good work. We need to pay as much attention to the basics as we do to the spectacular stuff that makes us shine.

I don’t fault the chef here. He is serving a community with some specific medical issues that require an adjustment in basic cooking best practices. You probably aren’t in the same situation. Your community expects you to include the key ingredients. Are you doing so?

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January 5, 2017 · 12:44 pm

My Parents Are Brave

I’m in Florida this week helping my folks move. They’re moving into an independent living place where they have neither to cook nor clean. There is transportation to shopping and banks for them and activities available hourly. Not bad, right? Right, except I consider them to be very brave for having made the move. Let me explain, and let me also add how I think this can apply to your business.

A moving truck operated by Piedmont Moving Sys...

(Photo credit: Wikipedia)

While my parents are both in decent health, there is no question that they are slowing down and less able to do things as easily as they once did. They recognized it but they were fearful of packing up two homes (one up north, one here) and moving into what my dad calls an old folks home. As a child, he was reared in an orphanage, so moving into an institutional setting stirs up stuff for him. My mom moved her mother into a place like this one and I’m sure that moving in herself stirs up a lot of memories. Nevertheless, they are making the move. I think they’re quite brave.

What does this have to do with your business? We often recognize that circumstances are changing and that the business is unable to perform as it once did. The easy thing is to keep on doing what we’ve been doing. The brave thing is to figure out what the right thing is – what the needed changes are – and to change our circumstances to make a better future. We can’t let our fears or our level of comfort keep us from putting ourselves and our businesses in the best possible circumstances to assure success.

Even though they were scared, they moved. Change is rarely easy but often necessary, in business and in life. What changes are needed in your world?

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