Legal Question in Consumer Law in California

Hi,

I am currently in a situation that I feel is not entirely legal.

I have a membership at a Pilates studio in Danville, California.

Every time I want to attend a class I book my spot via a fitness app called MINDBODY.

The app is used to book different classes for many different kinds of businesses.

Few months ago I wrote a 1 star review on the MINDBODY app about one instructor at the Pilates studio, who happened to be the owner of the studio.

Yesterday I went back to the studio after a few months break, to find the review that I’ve posted on MINDBODY printed on a huge poster and attached on one of the studio’s inside walls, with my name on it.

I would like to know if it is legal that a review that I wrote on a different app is printed and posted on the premises of a private business, without my permission, with my name posted on it. It puts me in a very awkward situation, to go there where I still have classes paid and to see my 1 star review on the wall, with my name on it.

Please let me know if there is anything I can legally do to stop this situation because it feels like I am being harassed. I exercised my legal right of writing a review and now I cannot use the rest of the classes that I paid for because the studio owner is posting my review without even having the right to do so.

I appreciate your help and your expertise.

Thank you!


Asked on 9/23/22, 6:13 pm

1 Answer from Attorneys

You pose an interesting question to which there may not be a concrete legal answer. Use of your name without your consent to PROMOTE the studio would be illegal and entitle you to demand it be removed. But a) this is inside the studio, and b) isn't really a promotional item since it is critical. So it's a tough call as to whether it is use of name or likeness for promotional purposes without consent. Since you put your name and review out in the public via the internet, you can't claim a privacy right in it. So there is no simple clear law you could take to the studio to demand it be removed. You could hire a lawyer to send a cease and desist letter, but it only might get the result you want. Your best course of action may be to stick your chin up, walk in every time you want to work out, and say to yourself and anyone who asks, "Yeah, that's my review and I stand by it. I like this studio, but not that instructor and I meant what I said."

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Answered on 9/24/22, 11:22 am


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