Like other Better Business Bureau affiliates around the country, the BBB of Greater Maryland publishes online profiles of business and provides a forum for consumers to comment on and complain about businesses. Is the BBB responsible for false statements that consumers make in those reviews, even if the BBB investigates the complaints and knows that they are false? That was the issue in a recent New York lawsuit.
Online clothing retailer Amuze was not happy about some of the comments that consumers had posted online about the company, including allegations that Amuze failed to provide promised refunds and charged a return shipping fee and only gave credit for returns of defective merchandise, as well as that the company is "guilty of unethical business practices."
Amuze sued the BBB, alleging claims for defamation, libel per se, and intentional infliction of emotional distress under New York law. In its lawsuit, Amuze asserted that the BBB should be liable for the false statements because it "knew or should have known that these statements were false, inaccurate, and/or erroneous." The BBB moved to dismiss on various grounds, including because Amuze's claims are barred under Section 230 of the Communications Decency Act. The court agreed and dismissed the case. Here's why.
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