Handling a Bad Restaurant Review
NO SHIRT. NO SHOES. NO SERVICE. You have undoubtedly seen these
signs on restaurant doors. You may have this same sticker on the
display windows in your business. But have you seen a "NO YELPERS" sign?
The owner of a small café in the San Francisco Bay area recently
posted a warning sign that "YELPERS" were not welcome in his coffee
shop and restaurant. This was not a ban on the little hand-held barking
dogs toted by vapid socialites. Nor was this a prohibition against
crying babies or petulant toddlers. Rather, this restaurateur refused
to serve the new brand of coffee-swilling communication commandos:
consumers that post anonymous, often critical reviews of restaurants
and hotels on "yelp.com."
Yelp.com is just one of the new media outlets or "social networking"
websites that features real-time reviews and commentaries about
restaurants and businesses. In contrast to traditional methods of
professional reviews and analysis by established and recognized
authorities or critics, sites like yelp.com allow the normal, average,
everyday person in the corner booth to assume the mantel of a
Zagat-level restaurant critic. And their un-polished and un-edited
reviews are distributed immediately to anyone that cares to listen.
So, new startups like YELP.COM and the established hospitality market-makers like TRIPADVISOR.COM
have become trusted sources and "mavens" for suggestions and reviews
based on personal experiences of the anonymous content creators. These
networking sites are often the first choice for information by
travelers and interested foodies. In a business environment where word
of mouth is absolutely vital to success, what can shop owners do to
manage the buzz about their business, restaurant, or hotel?
Old School Vs. New Media
It should come as no surprise that a traditional and continuing
response to a bad review by a food critic is...SUE THEM. For many years
this tact of sending in a horde of lawyers to beat up the publisher and
reviewer was viewed as a ham-fisted attempt to subvert the perceived
Freedom of Speech. This assumes, of course, a constitutional right to
complain about cold soup, overdone fish, and belligerent waitstaff.
Nonetheless, many hospitality trade folks believe that a bad review is
libelous.
Recently, some notable chefs and eateries have revived the practice
of overlawyering a dispute. Courts in renowned foodtowns like
Philadelphia, Dallas, and New York City have all handled lawsuits
stemming from criticism in newspaper articles and restaurant reviews.
While there are any number of reasons for bringing these kinds of
suits-the mantra of "any publicity is good publicity" being one of them
- these leverage lawsuits against old school publishers are not
applicable to the new media, web-based networking sites.
First, when an established food critic savages a restaurant,
everyone knows who published the review. In these user-generated
content communities like YELP.COM the reviews come from anonymous
posters. So, even if a business owner has been unfairly or even
illegally harmed by comments...the victim will have a terrible time
trying to identify the critic. Sure, the business operator can run to
court to file suit, issue subpoenas, and raise a ruckus. But, there is
no guarantee that any of the online service providers will disclose any
information about its posters and courts are not always willing to
compel such disclosure.
Second, lawyers tend to overlook the fact that hospitality is a
viral business. Lawsuits are a bad virus. Restaurants and hotels need
to spread good vibes to drive its core business rather than alienate
the very community that it is trying to engage.
Good Options
If you or your business feels that you have been unfairly criticized
at a review site or someone has posted blatantly false and damaging
information, your first reasonable course of action should be to
contact the service provider directly. Most of the social networking
sites have formal or informal complaint procedures to ensure that the
subjects of the reviews are treated fairly. In many instances, the
sites will simply offer to remove the objectionable content.
In the "old days" when a restaurant critic would publish a
potentially harmful commentary, the owner or proprietor would often
respond directly to the magazine or newspaper in a Letter to the
Editor. This remains a good and reasonable option. There is no reason
that your business cannot have an online presence to actively monitor
and address the poor reviews and to dispute the allegedly inaccurate
portrayals on the sites. The websites themselves certainly appreciate
and welcome the additional traffic and information from both sides.
As a final recommendation, the hospitality industry needs to embrace
the change to the new media. Each and every person coming into the
hotel or restaurant is a Pulitzer-prize winning journalist. So, each
customer should receive the highest level of service and attention to
detail that was previously reserved for the known professionals.
Likewise, each and every customer is a Madison Avenue marketing
firm. Encourage your valuable customers to get on these sites and
spread the good word. A few negative reviews are easily dismissed as
crackpots when the vast majority of reviews rave about your place.
Anthony Martin is a Partner in the St. Louis office of Blackwell Sanders Peper Martin. He can be reached at 314-345-6202 or at amartin@blackwellsanders.com.