You Might Be a Winner
        A blog from the attorneys of Verrill

        Take That Down: Recent Lawsuit on Negative Reviews

        by Robert Laplaca on May 22, 2018

        “Beer: The cause and solution to all of life’s problems.”

        Mr. Homer J. Simpson would love the recent case of a Massachusetts craft beer company that has been trying in federal court to get the employment website Glassdoor to turn the taps off and take down negative reviews about the company. Craft Beer Stellar filed an amended complaint in the District of Massachusetts, which is now subject to a motion to dismiss filed on May 11. The claims, defenses and legal issues raised are exactly what you would expect in a fight over negative online reviews.

        For a refresher, we have previously addressed the issue of negative online reviews here and here.

        The Background

        Craft Beer Stellar identified nine reviews on Glassdoor.com that are false, with comments ranging from the company being “dysfunctional and incompetent” to claiming the company had “dishonest sales projections” and “dishonest start up costs,” among other toasts to the company.

        Craft Beer Stellar asked Glassdoor to take the reviews down. Glassdoor reviewed its policies and removed one that did not comply. Two days later, in a “while I didn’t like the ale, I’ll try the lager” move, this poster resubmitted a review complying with Glassdoor’s policies.

        The Claims

        Craft Beer Stellar submitted a keg full of claims against Glassdoor including violation of trade secrets, computer fraud, defamation, commercial disparagement, tortious interference with business relations, fraud, violation of the Massachusetts Consumer Protection Act and conspiracy.

        Glassdoor filed a motion to dismiss stating that they are protected from liability under Section 230 of the Communications Decency Act (CDA), which provides that “No provider … of an interactive computer service … shall be treated as the publisher or speaker of any information provided by another information content provider.” The purpose of this law is to “prevent tort liability from ‘chilling’ online speech and ‘to remove the disincentives to self-regulation that would otherwise result if liability were imposed on intermediaries that took an active role in screening content.” Ayyadurai v. Floor64, Inc., 270 F. Supp. 3d 343 (D. Mass 2017).

        Glassdoor argued simply that it was not the information provider and only allowed the posting of the material provided by third parties. Akin to the “I’m just the bartender” defense.

        Tipping its glass to this motion, Craft Beer Stellar amended its original complaint claiming now that Glassdoor “materially revised and changed content.” Craft Beer Stellar also claims that the posts contained trade secrets and confidential and proprietary information that Glassdoor was forbidden from disseminating to the public after Craft Beer Stellar provided Glassdoor with notice that it was posting this protected information.

        Craft Beer Stellar has yet to file its opposition to the second motion to dismiss. The issues are likely to come down to (i) whether Glassdoor permissibly provided “traditional editorial functions” to the material or impermissibly “created or developed information” of the content, and (ii) whether trade secret claims fall within the exception for “intellectual property laws” under subsection 230(e)(2) of the CDA.

        While we await the court’s ruling, here are some blue ribbon tips:

        Under 21 (the post must go):

        • The website provider created, changed, altered, or amended the content.
        • The website provider encouraged defamatory or illegal content.
        • The post violated the website’s terms of use, such as multiple postings of the same content.

        21 and Over (the post can stay):

        • The website provider only provided neutral tools to create the content, such as star ratings.
        • The website provider re-posted third-party content.
        • The website provider performed only traditional editorial functions, such as checking spelling, grammar and length.

        Finally, three cheers to my partner Kevin O’Connell from our Boston office for making sure that this blog has content and not just foam.

        You Might Be a Winner

        Promotion and sweepstakes laws vary widely across the fifty states and under federal regulations, creating complex challenges for today’s innovative marketers. This blog explores the latest updates and trends in promotion and marketing law, offering practical insights to help brands stay compliant while pushing creative boundaries. We’ll also discuss noteworthy, questionable, and groundbreaking promotional campaigns to encourage thoughtful discussion among marketing and legal professionals.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...
        Media Mentions

        Robert Keach Discusses First Brands Chapter 11 Case in Law360

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the rejection of First Brands Group's Chapter 11 plan and the...
        Media Mentions

        Cybersecurity and AI Governance: Scott Anderson Featured in Massachusetts Lawyers Weekly

        Verrill Managing Partner Scott Anderson was recently featured in Massachusetts Lawyers Weekly discussing how law firms can build attorney buy-in for...
        Blog

        Section 530A Account Update: ERISA Status of Trump Accounts

        The Department of Labor has issued important guidance addressing whether employer programs that permit contributions to Section 530A accounts (and...
        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...
        Alerts and Newsletters

        SEC’s Proposed “Reg Crypto”: What Founders Need to Know

        Startup founders and emerging-growth companies have a number of options for raising capital under the federal securities laws, including Regulation D...