‘Avvo’ and the Opinion-Fact Dichotomy in False Advertising Cases
New York Law Journal, February 8, 2019
With the rise of the internet, rating sites such as Yelp have become popular.
This extends even to the legal profession; the rating site Avvo has become a popular means for some attorneys to market their services and clients to rate them.
But there have been many complaints about Avvo’s rating system, and since attorneys are involved, not surprisingly, litigation has followed.
Our recent article in the New York Law Journal, ‘Avvo’ Raises Important Questions About Opinion-Fact Dichotomy in False Advertising Cases, discusses a recent decision dismissing a class action complaint against Avvo, and the legal issues involved in false advertising claims and the distinction between non-actionable opinion and actionable factual representation.
As discussed there, the line between the two is often not easily drawn, and what appears to be opinion may imply factual claims that would be subject to false advertising claims under federal and state law.
Click here to get this article.