the Better Business Bureau of Metropolitan Houston, Inc. v. John Moore Services, Inc. and John Moore Renovation, LLC
441 S.W.3d 345 | Texas Court of Appeals, 1st District (Houston) | 2013
What This Case Means for Subcontractors
The Better Business Bureau sued John Moore Services over a business rating dispute. John Moore countersued the BBB, claiming defamation and other torts related to its rating and award display rights. The Texas Court of Appeals ruled that John Moore's lawsuit was protected speech under the Texas Citizen's Participation Act and dismissed the case, finding John Moore failed to prove its claims had merit.
Key Takeaways
- •Be cautious about suing organizations for negative ratings or reviews—courts protect this as free speech under the Texas Citizen's Participation Act, even if you disagree with the rating
- •BBB ratings are opinions, not guarantees, and the BBB can publish them without legal liability in most cases
- •If you're rated poorly by the BBB or similar organizations, focus on improving your business practices and disputing the rating through their formal process rather than filing a lawsuit
The legal actions are necessarily related to a matter of public concern.
Frequently Asked Question
Can I sue the Better Business Bureau if they give my company a bad rating?
It's very difficult. Texas courts protect BBB ratings as free speech under the Citizen's Participation Act. The BBB clearly states ratings are opinions, not guarantees. Instead of litigation, work through the BBB's dispute resolution process or focus on improving your business practices to earn a better rating.
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