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Feb 1, 2015

Patient who posted bad review of dentist on Yelp sued for £125,000 by practice, with legal move slammed as being a 'poor substitute for customer service'

The row began when Allison Dore (pictured) posted a negative review of the dental practice. After some back and forth correspondence, the firm then said it was taking her to court
The row began when Allison Dore (pictured) posted a negative review of the dental practice. After some back and forth correspondence, the firm then said it was taking her to court

After Allison Dore had an unhappy experience during a trip to the dentist, she did what thousands do as a matter of routine: she posted a negative review on a consumer website.
But that decision could cost her dearly because the dental practice has taken the unusual step of suing her for £125,000 damages plus legal costs, saying that her online claims were wrong.

The firm’s action has been condemned by the business listings and reviews site Yelp, which says it could have a chilling effect on free speech.
The row began when Allison, 46, was referred by her NHS dentist to B Dental in Islington, London, for £10,000 worth of tooth implants.
‘Initially I saw a lovely dentist there,’ she says, ‘but I endured a three week wait before they could begin treatment, received treatment plans with the wrong prices and then, when I got toothache on the other side of my jaw, they said they did not do general dentistry.’
Disappointed with the service, she posted a review on Yelp, headed ‘Terrible Service – Avoid at all costs’ and gave them just one star.
‘Everything I wrote was factual and true. I am a nervous patient who was looking for a long-term private dentist. And I was shocked at how uncaring B Dental were.’

 
To her astonishment, she received an email from Yelp in November saying it had received a complaint about her review.
She then received an email from the dental firm saying it disputed her version of events.
The surgery, which has a series of excellent five-star reviews on Yelp claiming it is professional, clean and friendly, said her review was defamatory.
The firm said it had offered her a number of appointments which she had cancelled, and denied they had left her in pain, adding that her review must be removed.
‘The review has had, and continues to have, a significant financial impact on our business. We cannot allow that damage to our business to continue,’ wrote B Dental.
Surgery: The B Dental practice in Islington, north London, which was the subject of the review 
Surgery: The B Dental practice in Islington, north London, which was the subject of the review 
The dental firm's lawyers wrote to Allison Dore to tell her they were taking her to court. File image used
The dental firm's lawyers wrote to Allison Dore to tell her they were taking her to court. File image used
Scared of being sued, Allison removed the review. However, she put a note on Yelp saying she did so due to the threat of legal action.
She then received another letter demanding this note be removed too. ‘In return they offered to refund £185 of the initial £384 fee I paid as long as I agree never to mention B Dental again. But I felt bullied and couldn’t agree never to speak about them again.’
So B Dental’s lawyers wrote again to say they are taking her to court.
Allison has now taken legal advice and been told the review she wrote was not defamatory.
‘When I discovered they plan to sue me for £125,000 I felt sick. It has put me off ever putting a review on a website again.’
Last night Allison, a television producer, said: ‘When I left that review I did so honestly. But this has turned into an utter nightmare. There is no way I could pay these damages and the worry of it all has been so huge I am barely sleeping.’
Her story is a cautionary tale to anyone putting a review on a website that there might be a high price to pay for their freedom of speech.
B Dental told Allison her review did not match their records, adding: ‘A review such as yours puts our practice and our employees at genuine risk. It affects the livelihoods of dentists, nurses and supporting staff. Nurses and staff with families, young children and mortgages.’
Elliot Adams, spokesman at Yelp, said: ‘Businesses that choose to sue customers to silence them rather than address their comments often bring additional unwanted attention to the original criticism. Litigation isn’t a very good substitute for customer service.
‘While Yelp continues to fight to protect the users of its platform, the law in the UK makes it surprisingly easy for businesses to intimidate consumers into removing honest reports of their experiences.’
B dental did not respond when approached for comment.