CLINTON TOWNSHIP, Mich. (WXYZ) — A Macomb County woman is being sued after leaving a negative Yelp review for a local company.
"This is not good customer service to sue customers for posting bad reviews," said attorney Clarence Dass who is representing Lisa Agostino in a lawsuit over a review she left on Yelp for North Wind Heating and Air Conditioning.
The company is suing Agostino claiming she "published false and defamatory statements."
The lawsuit was filed a week after Agostino wrote the review in which she claimed she was being overcharged for a capacitor for her air conditioner.
North Wind is seeking over $25,000 in damages for what they said in the lawsuit has been a loss of six or more potential customers a day.
"I thought it was a complete abuse of the court system because people have a first amendment right to express their views on the internet as long as it doesn't incite violence and that's the last thing she was trying to do," Dass told 7 Action News.
The attorney representing the company issued the following statement to 7 Action News:
North Wind Heating and Air is a local family-run business proudly serving Macomb County for 28 years. Lisa Agostino signed a work order approving both a service call and repairs to her a/c unit. The part was installed that same day. After the part was installed she reached out to North Wind stating that she no longer agreed with the price of the replaced part. Ms. Agostino was offered a solution to the dispute. She agreed that the part would be returned to North Wind. In turn Ms. Agostino would not be charged. This is what occurred. Ms. Agostino has not been charged for the service call or the replacement part.
Days later Ms. Agostino posted false statements about North Wind on-line. She represents that she paid for the service call and replacement part, which she did not. These statements significantly effected North Wind's business. North Wind is a small local business. Ms. Agostino's false and defamatory statements have not only effected the North Wind's business, but has had a direct negative effect on its ability to offer full time hours to its employees.
Prior to filing the lawsuit North Wind reached out to Ms. Agostino requesting the removal of the false statements. She refused. North Wind is simply seeking the removal of these false on-line statements.
North Wind will continue to proudly serve its customers.
