Consumer Sued After Posting Negative Internet Reviews Wins Anti-SLAPP Motion in Texas

Aug. 29, 2012 - PRLog -- The Texas anti-SLAPP statute is specifically designed to encourage “citizen participation,” which includes “commenting on the quality of business.”  In what may be the first application of Texas’ new anti-SLAPP law to Internet postings, a Texas state court has recently granted anti-SLAPP fee-shifting and sanctions to a consumer who posted negative reviews on the Internet of an online mortgage company and was then sued by the company in an effort to get the posts offline. The disgruntled consumer sought to dismiss the action as a SLAPP suit and to recover attorneys’ fees.  The Texas state court dismissed the lawsuit against the consumer with prejudice and later granted the consumer anti-SLAPP fee-shifting amounting to over $15,000 in attorneys’ fees, another $15,000 for sanctions, and additional financial concessions if the mortgage company challenges the ruling on appeal and loses.  

“I often represent companies who are concerned about the negative impact online reviews and other Internet posts made by disgruntled consumers can have on the reputation of their company,” says Darin Klemchuk.  “The Internet provides an easy forum for consumers to voice their opinions and experiences—whether fair and honest or not.  Companies are still able to sue for defamation and tortious interference with prospective business relations where it is warranted.  Given this recent case in Texas, however, companies must tread very carefully to avoid being seen as using such a lawsuit as a bully tactic that might fall under the anti-SLAPP law and open the company up to fee-shifting and sanctions for attempting take action to get negative online reviews or consumer complaint posts taken down.”  



About Darin Klemchuk:
Darin Klemchuk is co-founder and managing partner of Klemchuk Kubasta LLP, a Dallas-based IP boutique law firm that offers comprehensive intellectual property legal services, including litigation and enforcement of all forms of intellectual property as well as registration and licensing of patents, trademarks, trade dress and copyrights.  For Mr. Klemchuk’s full bio, click here.  To contact Mr. Klemchuk, email him at darin.klemchuk@kk-llp.com

About Klemchuk Kubasta LLP:
Based in Dallas, Texas, Klemchuk Kubasta LLP is an IP boutique law firm that offers comprehensive intellectual property legal services, including litigation and enforcement of all forms of intellectual property as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides legal services relating to domain names, e-commerce, privacy policies, social media, Internet law, commercial and business litigation, technology transactions, and international business & trade.  Additional information about the firm and its attorneys may be found at www.kk-llp.com.