Dirty Hotel Loses Appeal Against TripAdvisor
The Sixth Circuit Court of Appeals affirmed the District Court’s ruling that the statements made online were not actually facts, because they were “loose, figurative or hyperbolic language.” Seaton v Tripadvisor, 728 F.3d 592, 597 (2013). Plaintiff Seaton Owens and operates a hotel in Tennessee called Grand Resort. Defendant TripAdvisor is a worldwide company and subsidiary of Expedia, Inc., which surveys hotels and restaurants throughout the world. Seaton filed suit when TripAdvisor published an online survey titling Seaton’s hotel as “the dirtiest hotel in America.” The Sixth Circuit Court of Appeals noted that Seaton’s defamation or false light invasion of privacy was without merit. TripAdvisor reasoned that the list is protected opinion and it reflects TripAdvisor's users' subjective opinions and therefore not capable of being defamatory.
The Sixth Circuit noted that placement on the “2011 Dirtiest Hotels” list constitutes protected opinion, because the list employs loose, hyperbolic language and its general tenor undermines any assertion by Seaton that the list communicates anything more than the opinions of TripAdvisor's users. Seaton's claim for trade libel/injurious falsehood is not credible, because it requires proof of publication of a false statement of fact regarding Grand Resort. The District Court reasoned, “Trade libel and injurious falsehood as causes of action requires proof of the publication of a false statement of fact.” Seaton acknowledged in his brief “Trade libel includes, as an element, proof of publication of a false statement of fact regarding the plaintiff's business, causing damages to the business.” Therefore, Seaton cannot prove falsity, because Grand Resort's placement on TripAdvisor's list constitutes protected opinion.
