Buzz Builder: Should a San Francisco Chiropractor Sue a Former Patient Over a Negative Yelp Review?

July 2009

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Should a San Francisco Chiropractor Sue a Former Patient Over a Negative Yelp Review?

I'm convinced that customer review websites will be absolutely critical to the success of all businesses. That's why the front page story in the San Francisco Chronicle about a San Francisco chiropractor suing a former patient over negative reviews published on Yelp, a popular website that rates companies, is so fascinating.

The Chronicle reports that Christopher Norberg posted his first Yelp review in November 2007 after visiting Steven Biegel at the Advanced Chiropractic Center on Valencia Street. In his six-paragraph review, Norberg criticized Biegel's billing practices and said the chiropractor was being dishonest with insurance companies.

The story details how Norberg and Biegel exchanged emails about the complaint. And, when Norberg refused to take down or edit his commentary, Biegel decided to sue for libel and invasion of privacy. Biegel's business has been hurt by the reviews, said his attorney, Eric Nordskog of San Francisco. "Although negative reviews are fine, there are certain statements that are false statements of fact," he said. "He accuses Biegel of dishonesty and of committing insurance fraud, which is a crime in California."

If Norberg's comments are false or exaggerated. I can certainly see why Biegel would be frustrated enough to undertake legal proceedings. However, even if Biegel wins a lawsuit, he might end up hurting his business. Based on the hundreds of comments that the story has already received on the Chronicle's website alone, many are siding with the Norberg for reasons of free speech.

In the words of Andy Sernovitz, my friend and word of mouth marketing pundit, when it comes to bad online customer reviews, "the solution to pollution is dilution." That is, Biegel would be much better served laying out reasons why Norberg claims aren't true without suing him. And to counteract the negative weight of Norberg's review, Biegel should ask his satisfied patients to go to Yelp and share their perceptions of his practice. These steps would be much easier and less controversial than a lawsuit which has an uncertain outcome both in terms of the judgement and how the public will perceive it.

January 08, 2009 in Creating Buzz, Customer Service, Managing Buzz, Media Relations, Negative Buzz, Sales, WOM Ethics | Permalink

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Websites

Galvin Communications
The website for my word of mouth marketing and PR firm. Sign up for The Buzz Bulletin, a free monthly eNewsletter, and receive a complimentary public relations handbook.
WOMMA: Word of Mouth Marketing Association
An outstanding resource for word of mouth marketing information. This respected organization also puts on a variety of well-organized and information-rich events and conferences which are worth attending.

Books

Al Ries: The Fall of Advertising and the Rise of PR
Credibility is the crucial ingredient in brand building. This book explains why PR should be used to launch a brand while advertising should be used only once major PR opportunities have been realized.
Malcolm Gladwell: The Tipping Point: How Little Things Can Make a Big Difference
Why do major changes in our society so often happen suddenly and unexpectedly? Ideas, behaviour, messages, and products often spread like outbreaks of infectious disease. This book will help you understand how social epidemics take off and reach critical mass.
EMANUEL ROSEN: The Anatomy of Buzz : How to Create Word of Mouth Marketing
Rosen pinpoints the products and services that benefit the most from buzz and offers strategies for creating and sustaining effective word-of-marketing campaigns.
Mark Hughes: Buzzmarketing
This book contains some great stories from an experienced buzz marketer that illustrate the importance of finding angles that make you stand apart from the competition. I loved the story of how getting the town of Halfway, Oregon to change its name to Half.com generated a flood of publicity. You'll learn some great practical tips from this book.
Ben McConnell: Creating Customer Evangelists: How Loyal Customers Become a Volunteer Sales Force
An interesting look at how to develop evangelism marketing strategies and programs that will create communities of influencers who will drive sales for your company.
Fred Reichheld: The Ultimate Question: Driving Good Profits and True Growth
Too many companies are addicted to bad profits. These corporate steroids boost short-term earnings but burn out employees and alienate customers. Learn why the answer to one simple question can determine your company's future: Would you recommend us to a friend?
Andy Sernovitz: Word of Mouth Marketing: How Smart Companies Get People Talking
This is the perfect book for an entrepreneur looking for a "how-to" on word of mouth marketing rather than a theoretical or academic overview. Andy Sernovitz built the Word of Mouth Marketing Association using many of the intriguing word of mouth marketing tactics he describes. His strategies are practical for both small and large businesses as his interesting case studies demonstrate. You may put this book down a few times while reading it so you can start implementing some of its excellent ideas.
T. J. Walker: Media Training A-Z
Walker, an accomplished media trainer, provides great practical insight into maximizing the value of the media spotlight. By following his simple suggestions, you'll go into interviews much more confident and come out of them with much better results for your business.
Chip Heath: Made to Stick
This is the best business book that I've read since The Tipping Point since it provides a new way at looking at how you try to tell people about your products or services. You'll have lots of new ideas for promoting your business when you've finished reading this book. And, you'll discover that the best way to promote yourself doesn't involve spending money on marketing rather its all about learning how to tell your business stories better.
Richard Fenton & Andrea Waltz: Go for No!
A great parable about a salesman who learns that every "no" brings him closer to "yes" - an important lesson for anybody who wants to create buzz.