Law firm sues student for $200K after she left negative reviews, judge rules against the company, to pay $27,000 in Attorney's fees
Providing they’re truthful, people have
every right to leave bad reviews on sites such as Facebook and Yelp. But some
companies will try anything to get these comments removed, even if it means
suing the people who post them.
This is the
situation that 20-year-old Lan Cai found herself in after she complained about
the poor service she received from law firm Tuan A. Khuu. The Texas nursing
student turned to the company following a car crash in the summer. Her vehicle
had been hit by a drunk driver as she made her way home from a late night
waitressing shift, resulting in two broken bones in her lower back, according
to Ars Technica.
Cai said her
experience with Tuan Khuu was very unsatisfactory, giving it a one-star Yelp review and, in a Facebook post, warning
potential clients not to waste their time with the firm. Not only did Khuu
regularly ignore her attempts to make contact, but lawyers from the company
visited the family home and entered Cai’s bedroom while she was sleeping in her
underwear, though they claim to have been invited in by the girl’s mother.
“Serious, it’s super unprofessional,” she said on Yelp.
In response to
the negative posts, Tuan Khuu lawyer Keith Nguyen sent Cai an email threatening
to file suit unless they were removed. She didn’t comply, and the firm sued her
for between $100,000 and $200,000, which the Housten Press reports was over 100 times more than
what Cai had in her bank.
When asked if he
felt bad about suing the student, who was working six days a week to pay her
way through college, Nguyen said: “No, I don't feel bad at all. I feel sorry
for her, because again, I gave her plenty of opportunities to retract and
delete her post and she refused. She was proud: 'I've got it on Facebook. I've
got it on Yelp,' with no remorse.”
Cai found attorney Michael Fleming,
who was willing to represent her pro bono. He argued that the comments she left
were true, and that the suit was a SLAPP (Strategic Lawsuit Against Public
Participation). Texas is one of many states that has a law allowing SLAPP suits
to be thrown out of court early on in litigation.
Additionally, Tuan Khuu had already
received a number of negative reviews from other customers – it seems Cai
wasn’t alone in expressing her displeasure.
In the end, the
judge agreed with Fleming, and ordered Tuan Khuu to pay almost $27,000 in
attorneys’ fees. "We are very happy with the judge’s correct ruling in
this case," Fleming told Ars Technica in an e-mail. "Texas law
specifically protects folks who are exercising their free speech rights and the
statute was appropriately applied in this situation. People should be free to
express their opinions without the threat of a lawsuit."
The ruling is
good news for consumers; people shouldn’t be afraid of repercussions when
leaving negative reviews for businesses that offer a poor service.
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