Yeargan & Kert - July 2019

DOES THE REVIEW SITE DO MORE HARM THAN GOOD? YELP AND SMALL BUSINESS “Yelp is destroying my small business.” These words are becoming more and more common. Small-business owners are taking their stories public, claiming Yelp is hurting their brand. But is this true? Can Yelp harm businesses? At a glance, Yelp is a website and app where people can promote their businesses, and consumers can post reviews of those businesses. Yelp can be a consumer’s deciding factor in which restaurant to visit, which cleaning service to hire, or which grocery store to shop at. Business owners claim that Yelp tries to extort them. For example, Yelp calls a business to sell ads. The business declines and, suddenly, good reviews get buried. Some business owners have even claimed that the best reviews disappear altogether. In their place are the lowest reviews, or even poor reviews that weren’t there before. When people search for the business, the worst reviews are front and center. Additionally, business owners have noted that Yelp cold-called them with the news that they have won an award for exceptional reviews. However, Yelp charges for the award, which is a plaque that can be displayed in the business, costing hundreds of dollars.

While the second example certainly isn’t extortion, it raises questions. The fact is that Yelp does cold-call businesses to get them to sign up for advertising packages, and in this, Yelp has leverage. If you don’t comply, they can alter what people see when they search for your business. Business owners also point to discrepancies in reviews on Google, Facebook, and Yelp. They may have four- or five-star reviews on Google and Facebook, but their Yelp reviews may be noticeably lower. It’s no secret that advertisements represent Yelp’s primary source of revenue, and cold-calling businesses can help drive that revenue. But can businesses defend against ad extortion? The answer is not really, unless businesses are willing to pay aA big expense. Instead, the best defense is focusing on stellar customer service — and directing customers and potential customers to Google and Facebook reviews, ignoring Yelp altogether.

Rights People Get Wrong

MIRANDA RIGHTS EXPLAINED they have a way around this. Many officers will ask questions at the beginning of their interactions with you, hunting for incriminating answers. Because they have not made an arrest, they are not required to remind you that you do not have to answer them. That’s why it’s always important to exercise your right to remain silent, even if you don’t believe you are going to be placed under arrest. YOUR RIGHTS WON’T ALWAYS BE READ, EVEN AFTER AN ARREST In certain circumstances where the officer is a direct witness to the crime, you may not have your Miranda rights read to you at all. When a person is arrested for a DUI, for example, police omitting the Miranda rights is common because the majority of evidence is usually gathered ahead of the arrest. Since the officer doesn’t feel the need to interrogate you, they don’t need to issue the Miranda

warning. However, any statements you make during and after your arrest can still be used against you. Again, it is always best to remind yourself to remain silent. If officers fail to read your rights after arresting you and then question you, your rights have been violated and any evidence gathered from that violation can be suppressed. Otherwise, anything you say is fair game for the prosecution. Regardless of whether you received a Miranda warning or not, it’s best to exercise your right to an attorney and ensure your fair treatment under the law.

After celebrating Independence Day and the freedoms we enjoy in this country, we wanted to examine one “right” that is frequently misinterpreted. Miranda rights have been popularized by police dramas. Most people can probably recite the opening line: “You have the right to remain silent.” However, the popularization of this police procedure has led to some common misconceptions. POLICE QUESTION SUSPECTS BEFORE READING THEIR RIGHTS While police are required to read you your rights once you are arrested and interrogated,

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