Chalk up a victory for pro-consumer speech in Illinois. In a recent opinion, the Third District Appellate Court found that Better Business Bureau of Central Illinois (BBB) did not defame a business by giving it a “D-” reliability report on its website because the rating was protected as subjective opinion.
Perfect Choice Exteriors LLC, a home improvement company in Creve Coeur that installs windows, roofing, and siding, sued BBB in Peoria County circuit court for defamation, commercial disparagement, tortious interference with contract, and violation of the Uniform Deceptive Trade Practices Act. Perfect Choice claimed BBB told inquiring customers that they should not do business with the company, resulting in a loss of contracts exceeding $50,000, as well as “injury to [its] reputation and standing within the business community in an amount exceeding $50,000.”
BBB initially gave Perfect Choice an “A” rating after it launched in 2009, but later changed that to a D- based on what it called the “complaint volume with the BBB for a business of [Perfect Choice’s] size” and Perfect Choice’s inadequate response to and resolution of customer complaints. Perfect Choice denied these claims and alleged that BBB never materially investigated the complaints to determine their validity. Continue reading