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I heard a story from a friend the other day that I've seen played out on the Internet dozens of times. A blogger who writes about restaurants wrote a post that was critical of the restaurant.
The restaurant owner's lawyer sent a cease and desist letter, claiming libel. In this case the blogger just folded and took down the post, but put up a copy of the lawyer letter with the offending lines redacted.
So the restaurant gets an article in the SERPs below the fold that indicates somebody was really unhappy, but they don't know why. That would be enough to keep me away...
Follow the Rules of Business
The restaurant owner, in this case, completely blew it. They violated several important rules of business:
- Never Take Business Advice From Your Lawyer. Your lawyer knows absolutely nothing about how to run a business. They went to law school and work in a law firm. That's about as far away from the business world as you can get. If you need advice on how to overcharge clients for working more hours than are in a day, then perhaps your lawyer is where to go. But for a PR situation, a lawyer is exactly the wrong person to call. The lawyer doesn't get to bill your hundreds of hours if you decide to just ignore something. Your lawyer wants you to outspend the other side with a big lawsuit. In the end, the only people that ever come out ahead in these situations are the lawyers. If you're fortunate enough to find a great lawyer like we have that understands the needs of a business, then you're fortunate. But most businesses are not, and they tend to defer to them.
- Make Love Not War. An angry customer is an opportunity, not a call to war. Some of your most fiercely loyal customers will be those people that started out with a complaint that you made right. Yes, there are some customers that are complete jerks that you just can't make happy, but you should at least give every customer a few chances.
- It Never Pays to Threaten Someone with a Megaphone. In this case the blogger just had a small following. But the lawyer didn't know that. It could have just as easily been a blogger with 40K+ subscribers. That simple cease and desist letter could have been plastered everywhere across the internet. As it is, the blog post is now below the fold when you Google for the restaurant's name. But if they had gotten someone who knew a little about SEO angry at them they could have ended up with a negative blog post outranking their city search listing (they don't have a site of their own).
A Better and Less Expensive Outcome
So this restaurant owner, who probably doesn't understand anything about Web 2.0 or that whole intarweb thing, probably spent $300 to have a big name law firm bully a blogger into taking down a negative post. Worse yet, the lawyer probably found the post by "policing their trademark". That's when you pay your lawyer $300/hour to Google your company name and send nastygrams to anyone that dares talk about you in a negative light. My guess is they lost several hundred customers because this guy has a pretty good local following.
Here's how it could have been done differently in a Web 2.0 approach. Instead of launching the sharks at the blogger, the restaurant owner could have engaged his customer and called or emailed him and said "I see that we didn't live up to your expectations. How about giving us another try, lunch is on us?" At the very least the blogger would now have a real human face to associate with the restaurant rather than an institution. He might very well have written another post along the lines of "Well, this food isn't my cup of tea, but the owners sure are nice people and a lot of people like this restaurant." Or better yet, the blogger might have had some valid criticisms that the restaurant could have addressed. That could easily have turned things around and they might have gotten good PR out of the situation. Instead of alienating several hundred people, they might have gained many new customers.
Whatever he did, using the lawyers wasn't the right move. It would have been much less expensive and effective to go comment on the blog and tell their own side of the story. They probably could have found a few dozen customers that would have done the same thing. If the blogger wouldn't move, the story could have become about how the blogger totally missed the point. Instead of a negative, they could have generated a big buzz for themselves.
Old and Busted or New Hotness
Their way cost them $300 lawyers fees and probably thousands in lost revenue. It's a very 1980s approach to business. It's like having your secretary print out your email so you can read it. The Web 2.0 way would have cost about $10 for the free lunch, and might have gained them several thousand in revenue from new customers.
Is your customer retention strategy Old and Busted or New Hotness? Your choice.

At least. Which is a pretty good piece of pocket money. I suspect even Warren Buffet would slow down to pick that up.
It's Not About the Technology
Do the math
I've given Cari.net a hard time about giving
Sigh. Once again they almost avoid being the rotten apple of my eye. My not so snarky comments in red.


