Reviews,
Online Reputation Management (ORM), Google, Jameda, Kununu, and others
Google: Negative Reviews
Did you receive a one-star or two-star review—along with a rude comment? That’s frustrating—and sometimes even a disaster. What now?
We’re very pleased that, in one instance, for example, we were able to remove over 40 one-star reviews on Google through our intervention. Regarding the remaining reviews—those with false comments—we obtained a preliminary injunction against Google after they refused to delete the entries or failed to respond to our requests—and thus prevented further harm to the affected party. Where others sometimes give up, we’re often just getting started.
What is untrue does not have to remain, nor does defamatory criticism. Of course, the removal of negative reviews is subject to conditions that must be examined on a case-by-case basis. Not everyone is entitled to leave a review; revenge reviews or fake reviews from competitors do not have to be tolerated, but factual criticism—even when expressed in strong terms—must be accepted. Accurately assessing the prospects of success on a case-by-case basis is not easy and requires not only a sound legal assessment but also a well-thought-out strategy. Even the initial contact with Google can be decisive for the course of the matter.
We know what needs to be done and will tenaciously pursue your legitimate claims for removal, because we understand how damaging negative reviews can be to your business. We’ll discuss with you the out-of-court approach, as well as the options and risks of legal proceedings, and work together to find the best way to achieve your goal.
This may also involve attempting to determine who actually left such a harsh review. Google is the platform on which a negative review is published, but it is not the author. There are investigative and legal avenues available to determine the source of the review. More often than one might think, anonymization measures are not so comprehensive that the author of a review or text cannot still be identified. We also have experience with such disclosure proceedings.
Kununu: Negative Reviews
Review platforms like Kununu are more interested in comments on reviews than in deleting false information.
When searching for ways to respond on the Kununu portal, you might find this: “As a general rule, we do not delete reviews if the Kununu principles were followed when the review was submitted.”
Kununu’s priority is the appeal and active use of its own portal, while your priority is to avoid being portrayed negatively to potential applicants. On Kununu, references to legal options tend to focus on commenting on negative reviews—and leaving them up. Of course, even such portals must comply with legal requirements and not merely adhere to their own principles or standards. The result: If untrue, disparaging, or fake reviews are identified, you naturally have the right to demand their removal from Kununu and, if necessary, to request information regarding the source and author of the review.
Following Kununu’s suggestions and responding to reviews yourself can be counterproductive if you later intend to challenge the review through legal means. First, review your legal options and then weigh which courses of action are available to you. There is no one-size-fits-all solution. A different strategy may make sense for companies with a large workforce than for a smaller business; the approach in a labor-intensive industry with high turnover may differ from one where staff changes occur less frequently. If you decide to take legal action, our attorneys are the right partners to have by your side.
Jameda: Negative Reviews
Personal reviews on online platforms are inherently important for doctors.
A patient’s decision to choose you or look elsewhere depends on whether a foundation of trust can be established, exists, or is maintained. Negative reviews undermine this foundation from the very beginning and have a lasting impact, even before there has been any initial contact, consultation, or treatment. This, in turn, harms the financial success of your practice. You lose patients without even realizing it. There are now a number of Federal Court of Justice rulings that address review portals such as Jameda.
Third-party reviews of a doctor always navigate the tension between freedom of expression and the personal rights of the person being reviewed. False statements do not have to be tolerated, nor do fake reviews or inaccurate factual claims (“I had to wait three hours,” “they operated on the wrong knee”). Expressions of opinion based on false facts may be open to challenge, and defamatory criticism and formal insults also exceed the permissible limit. The line between what is permissible and what is not is, of course, narrow, and case law is therefore not uniform. No two cases are alike, and constitutional rights are weighed differently on a case-by-case basis and from court to court. In this regard, Jameda is not exactly a friend to doctors when it comes to removing negative reviews. This makes sense, since the platform thrives on traffic and the widest possible range of information and reviews posted there. No platform has an interest in having only positive content everywhere. In its own review guidelines, Jameda therefore advises that it is recommended to “clearly express a subjective opinion” in order to prevent reviews from having to be deleted. However, even this does not leave you without legal recourse—neither against the platform nor against the reviewer.
We know what can be done—if anything—and are happy to help you.
Negative reviews on Trusted Shops, eBay, and other sites
You can take matters into your own hands and try to dispute negative reviews on the relevant platforms to have them removed. On eBay, there are links; on Trusted Shops, the best you can hope for is to resolve the issue via email. It’s hard to get your voice heard, because these platforms don’t seem to have much interest in removing reviews. A letter from our law firm can make all the difference.
We know the steps we need to take; when our firm reaches out or sends a letter, it carries more weight than a complaint from a merchant.
As attorneys experienced in freedom of speech law, we understand the limits and possibilities for taking action against negative reviews. You do not have to accept fake or revenge reviews; you may have to accept the truth, but not opinions based on false facts, nor insults or defamatory criticism. Please describe your situation to us.
We’re here for you.