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Medical Clinic’s Use of NDAs to Suppress Negative Online Reviews Violates Federal Consumer Review Fairness Act, Washington Federal Judge Finds
by: Eric J. Neiman of Epstein Becker & Green, P.C.
The National Law Review
April 26, 2024
Negative online reviews are a concern for many businesses—but they present a unique challenge for healthcare providers, who are restricted by federal and state privacy laws in how to respond. Is the answer to have patients sign a form agreeing in advance of treatment not to make or post negative comments? According to a recent decision by a federal judge in Washington State, the approach tried by one plastic and cosmetic surgery practice runs afoul of a little-known federal law called the Consumer Review Fairness Act (“CRFA”). The case presents a cautionary tale for doctors and other providers who are looking for ways to protect their image and brand.
In this post, we look at the CRFA and how it was analyzed and applied in the federal court case, and offer takeaways from the decision that went against the medical provider.
The CRFA
The federal CRFA, enacted in 2016, prohibits the use of gag clauses and .....
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