In the US, it is almost universally established that BBB grades are opinion statements entitled to absolute privilege under the First Amendment of the Constitution. Some inroads on BBB liability have been made by attacking statements other than the rating. Specifically, in Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc.
Suing the Better Business Bureau
Suing Consumer Bureaus: Florida Court rules that Better Business Bureau’s Practices, Representations, and Systems are Not Protected by First Amendment
By W Mason on
Posted in General Litigation
Successfully suing a consumer rating bureau for the lost business that results from an erroneous or biased rating can be extremely challenging. Potential business-owner litigants and their attorneys quickly learn that in most jurisdictions, courts have developed case law shrouding consumer bureaus like the Better Business Bureau with broad constitutional protection. Specifically, in many places…