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Home News & Events TRAVEL & TOURISM LAW NEWS: TripAdvisor's Rating of Dirtiest Hotel not defamatory

TRAVEL & TOURISM LAW NEWS: TripAdvisor's Rating of Dirtiest Hotel not defamatory

Sunday, 22 September 2013 15:19

In 2011, TripAdvisor rated Grand Resort Hotel and Convention Center in Pigeon Forge, Tennessee number one on its list of the “Dirtiest Hotels in America.”

Grand Resort’s sole proprietor Kenneth M. Seaton, filed suit against TripAdvisor, alleging claims of defamation, false invasion of privacy, tortious interference with prospective business relationships and trade libel/injurious falsehood. The District Court granted TripAdvisor’s motion to dismiss, finding the list to be protected opinion and therefore not capable of being defamatory. On August 28th, 2013, the U.S. Court of Appeals for the Sixth Circuit upheld this decision confirming that the list’s loose, hyperbolic language was not capable of being defamatory and the list was protected opinion because it communicated only the opinions of TripAdvisor’s users; it would be clear to any reader that TripAdvisor was not making an actual assertion of fact with their list. Judgment available Click Here.

Source: The International Forum for Travel and Tourism Advocates (IFTTA) of which Advocates.Tanti-Dougall & Associates forms part.