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Fairfax woman being sued for posting a Yelp review
Posted by: Joes ()
Date: January 30, 2014 02:00PM

http://www.wtop.com/149/3550605/Yelp-reviewer-sued-in-Fairfax-County


WASHINGTON - After writing a review on Yelp and Angie's List about a local design and contracting firm, Fairfax County resident Jane Perez is being sued for $750,000 in damages by the contractor, Christopher Dietz.

Dietz claims Perez defamed his business with her one-star review. Both took the stand Tuesday.

Perez testified that she didn't research Dietz's background because they went to high school together.

When Dietz took the stand, he defended his work. A number of character witnesses testified he is professional, and is easy to work with.

Perez hired Dietz's company, Dietz Development LLC, in 2011 to paint, refinish floors, do electrical, plumbing and general handyman work, as stated in her online review. She claims her "home was damaged, and the work had to be re-done."

Dietz fired back at Perez by seeking a preliminary injunction, asking for her to modify her online review. The Virginia Supreme Court overturned the injunction, the Post reports. Her review is still up on the site and even includes details about the case.

The legal case examines the areas of Internet free speech and the First Amendment. The Washington Post notes that the case is being "closely watched by First Amendment advocates and businesses alike."

Dietz claims that Perez's post "cost him for $300,000 in business and took a toll on him personally."

Dietz is licensed in D.C., Maryland and Virginia, but was not licensed in Virginia at the time he did work on Perez's home.

The Post reports that Perez was shocked that she was served with a lawsuit because of a review she posted. She is counter-suing Dietz for the response he posted to her Yelp review as well as accusing him of stealing $2,500 worth of jewelry.

WTOP's Megan Cloherty contributed to this report. Follow @WTOP on Twitter.

© 2014 WTOP. All Rights Reserved.

Tags: yelp, contractor, the washington post, fairfax county


What do you think of this? She's counter suing. Interesting case.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: exffx ()
Date: January 30, 2014 02:47PM

So he wasn't licensed in VA when he did the work in Fairfax?

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: Enrico 2 lazy ()
Date: January 30, 2014 02:52PM

How did he determine her review caused $300,000 in lost business? Oh, that's right, he just pulled that number out of his ass.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: Liable ()
Date: January 30, 2014 03:11PM

It doesn't matter if the review was posted on an internet board or she went around telling people in person.

He must prove that the information is lie's and also prove that he lost work as direct consequence of what she wrote.

VERY difficult to prove.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: liberal69licker ()
Date: January 30, 2014 03:38PM

The internet really has changed the world. For better and for worse. But I like that it is basically an mostly unregulated digital playground.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: Kkt ()
Date: January 30, 2014 11:26PM

Do you think she'll win her counter suit?

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: im probably next ()
Date: January 31, 2014 02:18AM

Every year around springtime I post a public update and updated pictures in regards to a company we hired 4 yrs ago on yelp as well as angies list and any other contractor customer review site I can find and will not stop until either they fix the $13,000 job or refund the money or like in this womans case a court states I must stop. Spring is right around the corner and I look forward to leaving additional updates with new pictures of what the work looks like now.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: Ironic ()
Date: January 31, 2014 06:33AM

It's funny how they "hide" the negative reviews on Yelp for this contractor. Check this out...

http://www.yelp.com/not_recommended_reviews/ZY4jmzeHsW7dtiXTnpaPDg

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: What happened to our rights? ()
Date: January 31, 2014 06:48AM

I wonder if they'll sue the rest of these OTHER unhappy customers...

I used to think that Shiner was my go-to contractor but their roofing repair leaves a lot to be desired. I had a roofing leak which they repaired using the wrong shingles. When I notified them of the problem they did admit the mistake due to an internal communication problem and rectified the error. So far so good. Well, a little after 1 year the repair failed and it's leaking in the exact same spot. Properly applied new shingles on a normal roof slope should not fail in such a short time except due to installation errors. Note that the price for the repair was high but I thought worth it if the repair lasted for the remainder of the roof life. NOT. Shiner was unwilling to come out to confirm installation error because they don't warranty their work past one year. They only wanted to come out if I was willing to pay them again for the same repair. Since their work doesn't last I'm not using them anymore. I'm also not considering them when it's time for an eventual roof replace.

Shiner used to be a local company that would stand behind its work. I think they've grown so much that they now just follow policies and procedures. Too bad.

~~~~~~~~~~~~~~~~~~
Shiner roofing seemed very professional...until we signed the contract! After that all went downhill. The crew (except for one person) did not even speak English. So when I told them they punched through our walls 3 times when replacing the siding they did not even understand what I am talking about. We called the customer service and they promised they will come the following day to fix the inside walls but of course, next day they called saying that we should fix them ourselves. Not even one week after they replaced the shingles we had a leak in the roof which is ridiculous since the only reason why we changed the old shingles was because they were 20 years old. Although they promised they will do a thorough cleaning, I spent one weekend picking up all the nails they left in our front yard and in the patio. All in all we could have saved at least 4000$ by choosing another contractor. Shame on you Shiner!

~~~~~~~~~~~~~~~~~~
Shiner roofing is terrible. TWe had our roofing replaced by Shiner Roofing in 2010, and immediately it started to leak. Each time I called them they never inspected the leak properly, and always blamed on something else, even when it was clearly caused by their work. The leaking issue has never been resolved, and when Hurricane Sandy came, my house was leaked severely due to Shiner Roofing's work. They did not response to my request for 3 weeks, and did not do anything after 6 weeks. And now they are blaming me on breaching the contract and refuse to do anything. We are seeking other options including cueing for Shiner Roofing.

Don't use Shiner Roofing and don't be fooled by their promises.

~~~~~~~~~~~~~~~~~~
Shiner Roofing, Siding, Windows, and Gutters is NOT the way to go! Here's why...

1.) They cost way too much! Their quality is not so great but they charge at LEAST double what other quality competitors charge.

2.) They say they DO NOT subcontract any of their work out and that all roofers, gutter installers, and repair crews are all SHINER employees. Truth is that ALL of their services are subcontracted out! So they pay the "roofers" minimum wage and profit SOOOOO much money. Try this, when your roof is being installed, ask one of the installers if you can see his license!

3.) When you sign a contract with them, just know that 80% of the total job sale is profit! They are sooooo greedy that all they care about is money, NOT customers and what the customers are actually paying for.

DO NOT USE SHINER ROOFING!!!

~~~~~~~~~~~~~~~~~~
WFUL!!

I absolutely regret using Shiner. In October of 2011, I contracted them to replace my roof (I have a basic townhome in Georgetown). I had several contractors out to provide estimates and went with them as they were not the cheapest, and I wanted to go with whoever appeared to be the best. They are great at appearances - but they have failed to live up to their promises every step of the way!

- The project was not started at the agreed upon date, and twice rescheduled
- After it was started, the workers left unsecured materials that were blown all of my property and neighborhood at night
- I've made numerous attempts to contact the owner, Kevin Shiner, and have not received any calls back

I absolutely regret my decision to go with them.

DO NOT USE THEM!!!

~~~~~~~~~~~~~~~~~~
I wanted to give Shiner a zero, but I had to put at least one star. I went with Shiner from a referral and they were not the lowest bid. I paid them for a new roof and their workers destroyed my house. A rain storm came through while the roof was off and water damage went all the way from my attic, top floor and down the walls of my house. They then put a tarp on the top of my house, which created mold growth and made my home inhospitable. I witnessed the workers putting new wood over rotted wood and they also claimed they used more materials then they really did. Kevin Shiner came to my home and promised me everything would be ok. After a year+ of much pain and suffering and legal fees, I finally got my home back, but then I had to deal with the mold problem and the extensive repair to my home. Kevin Shiner is not a man of his word and his company cannot be trusted. At one point, he had all his employees stop taking my calls when I had an incomplete roof. I had to pay my own legal fees and for the roof after all they did to me. I wouldn't recommend Shiner to my worst enemy.

~~~~~~~~~~~~~~~~~~
I met three salespeople at the Montgomery County MD Fair. They hooked me in by saying that I could install a solar photovoltaic system with 60% tax credits/rebates in effect at this time for Montgomery County. I asked them for the details and they all looked at each other and no one could give details, but they said the salesperson to show up would provide the details. I did my research and knew of the federal 30% credit. Maryland offers a small credit now (significantly reduced from 2010) and Montgomery County cancelled their credit in June of this year.

Either they are completely ignorant of the programs crucial to their industry, or they flat out lied to get my attention.

I kept the appointment just to find out about their systems and to learn about costs. They failed to show up. No phone call, no nothing.

I would not consider using Shiner.
~~~~~~~~~~~~~~~~~~
My husband and I decided that we wanted to add a deck to our town home. Since he is very busy it was my job to get the estimates. Shiner's was the only company that insisted my husband be home when the salesman came, even though I made it clear that I was the one gathering the info. I am by no means a feminist but I do think it is a little insulting to be told that talking to the wife alone is not acceptable. I did, however, make an appointment for a Saturday morning when my husband would be home.

When Shiner's called to confirm the appt I was told that I needed to block out 60 to 90 minutes. I explained once again that it is a TOWNHOUSE. Because of the size and HOA I am limited in my options. There is no way we need that much time. He got very argumentative with me about necessity of a 90 minute sales pitch. I subsequently cancelled the appt. In the words of my husband, "If I had to listen to someone drone on about a 20x14 deck for 90 minutes I would have to gouge my eyes out."

I completely understand procedure and policy, but you have to listen to the individual needs of potential customer. I am taking my business elsewhere.....to the friendly guy who felt comfortable dealing with only me and didn't overstay his welcome!
~~~~~~~~~~~~~~~~~~
Shiner has a classy webpage and brochure. Had their salesman out for attic installation estimate. He spent a lot of time measuring then went out to the truck and spent another 20 min writing up the estimate/contract. Their estimate was 3 times what I paid another company (Discount Energy) to do the job. The Discount Energy guy came to the house, made a couple measurements and gave me an estimate in 1/3 the time it took the Shiner salesman. They also did a perfect job and didn't leave a mess. I thought the Shiner salesman was all smoke and mirrors.
~~~~~~~~~~~~~~~~~~
Had them come out to give me an estimate for replacement windows.
The sales guy had all kinds of gimmicks about why their windows were the best. Using props like infrared lamps, ice cubes and their samples. In the end, his estimate was over 50% higher than the other two companies I was getting quotes from.

and then there were two that were removed due to "Content Violations". 2 Reviews Removed for Violating our Content Guidelines or Terms of Service

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: What happened to our rights? ()
Date: January 31, 2014 06:50AM

For each of these, the company did respond...

http://www.yelp.com/not_recommended_reviews/ZY4jmzeHsW7dtiXTnpaPDg

Comment from Kevin S. of Shiner Roofing
Business Owner

11/4/2010•We thank the subscriber for giving Shiner Roofing, Inc. the opportunity to quote his recent home improvement project. Our mission is to determine and implement the right construction solution for every customer and we are sorry that the subscriber felt the estimate was too high. You will be pleased to know that we read all of our Yelp reviews, and will be taking your feedback into consideration as we meet with other customers for insulation quotes. If you ever decide to try us again, please message me here, as I would love to make sure you get the right quote for the job. Either way, thank you for giving us the opportunity in the first place, and thanks for helping to make us better.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: Homie D Clown ()
Date: January 31, 2014 09:16AM

Shiner provided me an estimate. Their estimate did not even include what I wanted done. Duh!

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: Gov't wants TOTAL control ()
Date: January 31, 2014 10:29AM

liberal69licker Wrote:
-------------------------------------------------------
> The internet really has changed the world. For
> better and for worse. But I like that it is
> basically an mostly unregulated digital
> playground.

+1

But I don't know how much longer it will be unregulated. The gov't is just dying to get their grubby hands on it.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: Precisely what Yelp is for ()
Date: February 01, 2014 03:22AM

What happened to our rights? Wrote:
-------------------------------------------------------
> My husband and I decided that we wanted to add a
> deck to our town home. Since he is very busy it
> was my job to get the estimates. Shiner's was the
> only company that insisted my husband be home when
> the salesman came, even though I made it clear
> that I was the one gathering the info. I am by no
> means a feminist but I do think it is a little
> insulting to be told that talking to the wife
> alone is not acceptable. I did, however, make an
> appointment for a Saturday morning when my husband
> would be home.
>
> When Shiner's called to confirm the appt I was
> told that I needed to block out 60 to 90 minutes.
> I explained once again that it is a TOWNHOUSE.
> Because of the size and HOA I am limited in my
> options. There is no way we need that much time.
> He got very argumentative with me about necessity
> of a 90 minute sales pitch. I subsequently
> cancelled the appt. In the words of my husband,
> "If I had to listen to someone drone on about a
> 20x14 deck for 90 minutes I would have to gouge my
> eyes out."

These types of reviews are helpful to me, because now I know to avoid such a horrible business. I hope that woman in the article countersues and wins!

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: April ()
Date: February 01, 2014 03:25AM

Wow. I posted a bad review of an automobile service station in Falls Church for misrepresentation. I even notified the owner that I was posting it - he had every opportunity to make things right. My negative review was the second of two reviews I posted about this station. My first review, posted a year earlier, was positive. I am against false reviews, but consumers deserve the right to have information that helps them evaluate businesses they want to engage with.

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Jury makes unexpected decision in Yelp defamation suit
Posted by: Decision made? ()
Date: February 02, 2014 07:31AM

Jury makes unexpected decision in Yelp defamation suit

Both the homeowner and contractor in the Yelp defamation suit are partially to blame, a jury decides.
http://www.wtop.com/149/3553801/Jury-makes-unexpected-decision-in-Yelp-defamation-suit

FAIRFAX, Va. -- The jury in the case of a Virginia homeowner sued for posting negative reviews of a contractor online has reached an unexpected verdict.

The jury deliberated for eight hours before determining that contractor Chris Dietz and homeowner Jane Perez had both defamed each other. Neither party has been awarded any financial compensation in the case and there will be no punitive damages.

The case was supposed to set a precedent for either the free speech of online reviewers or for the businesses to have a right to fight back against online reviews that are determined to be inaccurate.

The contractor seeking damages claimed the homeowner's statements on Yelp and Angie's List were not true and cost him clients.

Contractor Chris Dietz says the work he did at Jane Perez's Virginia home was professional. She says she had to have it all redone and posted reviews of her experience working with Dietz online, comments that he says are lies.

Dietz asked for $750,000 in damages for the lost business he says her reviews cost him.

Attorneys for both sides earlier said the case will be tough for a jury to consider because of the complexity of dealing with defamation. They presented closing arguments Friday morning in the week-long trial that could further protect the free speech of online commenters.

The jury began deliberations about 10:30 a.m.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: d4EGf6 ()
Date: February 02, 2014 08:21AM

Is Dietz from Fairfax? Name sounds familiar, did he grow up in Fort Hunt area?

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: More info ()
Date: February 02, 2014 10:45AM

d4EGf6 Wrote:
-------------------------------------------------------
> Is Dietz from Fairfax? Name sounds familiar, did
> he grow up in Fort Hunt area?


Dietz Development, LLC
(202) 213-3131
www.dietzdevelopment.com

Services Provided
Design - Build - Renovation services.

Areas Served
DC, MD and Northern Virginia.

Business Description
Dietz Development is a residential General Contractor and Developer, providing design services, construction, and project management services.
Attachments:
chrisdietz.jpg

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: ddR43e ()
Date: February 02, 2014 10:48AM

hope that pic is ten years old with that polo shirt, only guys willing to be seen in public wearing one of those are indians

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: DonnaK ()
Date: February 04, 2014 07:46AM

Yelp is no friend to small business because they filter reviews instead of showing all reviews. Then they try to get you to buy advertising at an exorbitant fee. Don't believe me check down bottom of business you will see all filtered reviews.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: nUmJN ()
Date: February 04, 2014 08:24AM

Donna is right, and more importantly it saddens me that we live in a world with a bunch of grown ups throwing temper tantrums and posting nasty crap about each other all over the damn internet. Half these a-holes would rather see you crash, burn, fail, and starve than see your business be a success. Yelp is the absolute worst of them all and what they are doing is extortion. Plain and simple.

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Re: Jury makes unexpected decision in Yelp defamation suit
Posted by: et7dY ()
Date: February 05, 2014 02:57PM

Decision made? Wrote:
-------------------------------------------------------
> Jury makes unexpected decision in Yelp defamation
> suit
>
> Both the homeowner and contractor in the Yelp
> defamation suit are partially to blame, a jury
> decides.
> http://www.wtop.com/149/3553801/Jury-makes-unexpec
> ted-decision-in-Yelp-defamation-suit
>
> FAIRFAX, Va. -- The jury in the case of a Virginia
> homeowner sued for posting negative reviews of a
> contractor online has reached an unexpected
> verdict.
>
> The jury deliberated for eight hours before
> determining that contractor Chris Dietz and
> homeowner Jane Perez had both defamed each other.
> Neither party has been awarded any financial
> compensation in the case and there will be no
> punitive damages.
>
> The case was supposed to set a precedent for
> either the free speech of online reviewers or for
> the businesses to have a right to fight back
> against online reviews that are determined to be
> inaccurate.
>
> The contractor seeking damages claimed the
> homeowner's statements on Yelp and Angie's List
> were not true and cost him clients.
>
> Contractor Chris Dietz says the work he did at
> Jane Perez's Virginia home was professional. She
> says she had to have it all redone and posted
> reviews of her experience working with Dietz
> online, comments that he says are lies.
>
> Dietz asked for $750,000 in damages for the lost
> business he says her reviews cost him.
>
> Attorneys for both sides earlier said the case
> will be tough for a jury to consider because of
> the complexity of dealing with defamation. They
> presented closing arguments Friday morning in the
> week-long trial that could further protect the
> free speech of online commenters.
>
> The jury began deliberations about 10:30 a.m.

How did Dietz come up with a 750K number? Seems very unreasonable. Also how is it defamation if the company did a bad job?

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Re: Jury makes unexpected decision in Yelp defamation suit
Posted by: Bill.N. ()
Date: February 05, 2014 03:37PM

et7dY Wrote:
-------------------------------------------------------
> How did Dietz come up with a 750K number? Seems
> very unreasonable.

Most likely it was intended to be an amount so high that it would cause the reviewer to settle rather than litigate.

> Also how is it defamation if the company did a bad job?

Are you implying that any contractor ever did a bad job? And to answer your question in theory they cannot collect if the allegations are true. However with the right jury and right attorney perhaps the contractor could convince them that the reviewer was the customer from hell who needed to be put in her place.

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Re: Jury makes unexpected decision in Yelp defamation suit
Posted by: kJHbu ()
Date: February 05, 2014 03:40PM

Bill.N. Wrote:
-------------------------------------------------------
> et7dY Wrote:
> --------------------------------------------------
> -----
> > How did Dietz come up with a 750K number? Seems
> > very unreasonable.
>
> Most likely it was intended to be an amount so
> high that it would cause the reviewer to settle
> rather than litigate.
>
> > Also how is it defamation if the company did a
> bad job?
>
> Are you implying that any contractor ever did a
> bad job? And to answer your question in theory
> they cannot collect if the allegations are true.
> However with the right jury and right attorney
> perhaps the contractor could convince them that
> the reviewer was the customer from hell who needed
> to be put in her place.

Her review is posted above in the thread. It's not wild or erratic, it seems pretty straight forward. Then there are 13 others that make similiar complaints and last I heard (under the law), the business is responsible for any damages, unless otherwise stated in the written contract.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: aging debbie does dallas fan ()
Date: February 05, 2014 04:50PM

FAIRFAX COUNT PROSECUTES THE VICTIM

and delays court. two very seedy and very old legal tricks the rich use...


"the rich need poor courts" -jh

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: Priapus ()
Date: February 05, 2014 04:56PM

I didn't really follow the trial, but I seem to recall she had problems proving his people stole jewelry.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: Ffckkjgfdcnj ()
Date: February 05, 2014 04:58PM

Hmm I know another Christopher Dietz, much taller

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: Thank Goodness ()
Date: February 05, 2014 06:41PM

Good to see the wise citizens of Fairfax on the jury make a great decision. Petty spats and people getting their feelings hurt on the internet are not the source of a payday. I'm sure the lawyer that brought this suit is rethinking that choice after all the hours put in for nothing. Imagine how clogged up the courts would be if people thought that all the nonsense posted on this board should entitle them to a payday.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: Melinda Ardinger ()
Date: February 05, 2014 06:44PM

Thank Goodness Wrote:
-------------------------------------------------------
> Good to see the wise citizens of Fairfax on the
> jury make a great decision. Petty spats and people
> getting their feelings hurt on the internet are
> not the source of a payday. I'm sure the lawyer
> that brought this suit is rethinking that choice
> after all the hours put in for nothing. Imagine
> how clogged up the courts would be if people
> thought that all the nonsense posted on this board
> should entitle them to a payday.

we will see about that! any time now, a lawyer will appear and sue you all for me. any time....

... I'm sure he'll be along shortly.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: Major A-Hole ()
Date: February 05, 2014 06:46PM

Thank Goodness Wrote:
-------------------------------------------------------
> Good to see the wise citizens of Fairfax on the
> jury make a great decision. Petty spats and people
> getting their feelings hurt on the internet are
> not the source of a payday. I'm sure the lawyer
> that brought this suit is rethinking that choice
> after all the hours put in for nothing. Imagine
> how clogged up the courts would be if people
> thought that all the nonsense posted on this board
> should entitle them to a payday.

Yes, it was very "refreshing".

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: The End ()
Date: February 09, 2014 12:19PM

Seem's like alls well that ends well.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: DanielLee5 ()
Date: October 05, 2022 02:42AM

Funny case, everyone can use his freedom speech right and to post his objective review on whatever. I check customer feedbacks at PissedConsumer regularly, both positive and negative, and no one has problem with it.

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: Megan Baby! ()
Date: October 05, 2022 06:43AM

Forget the contractor and his shady shit work. He probably uses Mexi subs anyway but who among us wouldn't eat Megan's box and sneak a tongue down to that sphincter for a taste of the chocolate wonder fall? Seriously.
Attachments:
Megan1.jpg

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Re: Fairfax woman being sued for posting a Yelp review
Posted by: Speaking of Megan ()
Date: October 05, 2022 12:02PM

Megan Baby! Wrote:
-------------------------------------------------------
> Forget the contractor and his shady shit work. He
> probably uses Mexi subs anyway but who among us
> wouldn't eat Megan's box and sneak a tongue down
> to that sphincter for a taste of the chocolate
> wonder fall? Seriously.

Megan Toohey aka Megan Price. Any business that sees this creature enter their establishment would be well advised to declare a fire alarm to clear the place out. Megan is a troublemaker on steroids and meth: walking disaster area.
Attachments:
yelp megan.png
yelp texas.png
yelp crazy.png
yelp rogers 2.png
yelp shenandoah.png
yelp taft.png
yelp king street.png
yelp leons.png

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