As for the claims that the company pays for favorable reviews, Mr. Smith states that Mediabridge has never directly or indirectly paid for a review at Amazon or anywhere else, and that the company does not offer customers free products in exchange for a review, favorable or otherwise.
This last statement, however, seemed to contradict a separate Amazon review for the router in question from a reviewer named Robert E. Croyle. In Mr. Croyle’s review, dated December 13, 2012, he claims that Mediabridge provided the router for free in exchange for a review, and quotes an email alleged to have been sent by Jarrod Coburn, a Mediabridge employee:
To start i received this router FREE from Mediabridge products and all i was asked was to test it and write a review on Amazon. Jarrod Coburn from the company who i believe is the main tech guy there sent me the following email:
Hello,
I am sending this email to a select few customers that had purchased our 150N router in the past. We now have a new 300N version of the router with some new features. I would like to have a sample sent to you free of charge. All I ask is that you post a review of your experience on Amazon. The review does not have to be extremely technical but the more information the better.
Mr. Smith explained that Mr. Croyle had purchased the company’s previous generation wireless router but was unsatisfied with its performance. When the new version of the Mediabridge router was introduced, the company did indeed send him a unit for free, to compensate for his poor experience the first time around, but Mr. Smith argues that such an action shouldn’t fall under the same umbrella as other “free product on condition of review” promotions.
From Mediabridge’s perspective, first, Mr. Croyle had already made a purchase with the company, and now the company was trying to repair its relationship with the customer, and second, while they asked for a review, Mr. Croyle’s receipt of the router wasn’t conditioned upon him writing one. Providing free products in exchange for a review is not a violation of Amazon’s policies, provided the reviewer explicitly states the existence of the arrangement in the review. There are no other examples that we could find of a reviewer claiming or implying that they received a free router from Mediabridge, although the content of the alleged email from Jarrod Coburn does leave some clouds of doubt over Mr. Smith’s assertions.
Sticks and Stones
A key element of defamation is harm. A defendant can say all manner of horrible and untrue things about a plaintiff, but the plaintiff can’t prevail unless it can also prove that those statements in some way harmed it.
Following TD’s post on reddit, the community’s response was swift and brutal. Mediabridge product listings on Amazon were quickly flooded with negative reviews, some humorous, some objectively vile, and all devastating to the ratings of the company’s products. In addition, the company’s Facebook and Twitter profiles (both since taken down) were littered with angry messages and complaints, and the company’s corporate email and telephone lines received a flurry of offensive comments that left some staffers in tears, Mr. Smith tells us.
This response certainly harmed Mediabridge’s reputation, but it all occurred after the fact and as an indirect result of TD’s original statements. Was there also measurable harm from the original review itself, before it all went viral? Mr. Smith claims that there was.
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