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Should NH protect a “Right to Yelp?”

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This year Maryland passed a law that protects consumers’ right to write negative online reviews.

The law specifically prohibits non-disparagement clauses in contracts, which bar consumers from posting negative reviews after service.

Maryland’s law was prompted by some high profile cases in which businesses fined consumers for negative reviews. For example, a Texas couple is fighting a $6,700 fine for posting a negative review of a pet sitting company. 

“These clauses prevent consumers from saying true things about people with whom they’ve done business,” said Paul Levy, an attorney for the watchdog group Public Citizen. “They prevent other consumers from learning the truth about how companies have done business. And they hurt other businesses that operate on the up-and-up and don’t need these clauses to protect themselves.” 

Companies also already have legal recourse if someone posts a defamatory review. 

On the other hand, Yelp has been criticized for bullying businesses into buying ads by threatening to highlight negative reviews.  Non-disparagement clauses can help businesses fight Yelp’s questionable business practices.

Legislation also may prove unnecessary, as the courts are currently evaluating if online reviews are protected speech under the First Amendment. 

Right now California is the only other state with a similar “Right to Yelp” law.

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