In an attempt to rehabilitate his online image, a New York City-area physician fighting a slew of bad reviews on Yelp is taking those patients to court, according to a in federal court in Manhattan.
, whose focuses on Botox injections as well as sexual health services, is suing to block four reviewers who've left a handful of one-star reviews (the worst possible) from posting further, and he's also seeking $1 million in damages.
"Social media has been extremely weaponized to the point that it's not serving the interest of society, and someone has to take charge," Mirza told 鶹ý in a phone interview. "These platforms need to be regulated in the same way we regulate other industries. Reviewers can't just hide behind the screen."
One of the reviews cited in the complaint alleges that Mirza "waters down the Botox. He will not spread the Botox and will try to rush you to buy more fillers that you don't need."
Others posting on or on another profile, , raise similar complaints, accusing Mirza of being a "scam artist" who offers dishonest Groupon deals and delivers less product than customers expected or paid for. Similar complaints are lodged under the for his business name, Mirza Aesthetics.
"He has pop-up shops all over the tristate, he is a scam artist, I paid hundreds for his so called services and my face looks worse than before," one online review reads. Of the 82 reviews currently posted for Botox Juvederm on Yelp, 53 are harshly critical. Most of the rest are five stars and highly complimentary. The Better Business Bureau also has about Mirza.
The negative reviews cited in the lawsuit are "knowingly and materially false," according to the complaint.
"As with many cosmetic treatments, patients often find that the results of Botox injections do not live up to their expectations," the complaint reads.
This is not the first time Mirza has sued Yelp reviewers. In May, he , Lori Mehrkens and Julie Sperber. Both were prohibited from posting online comments about another company Mirza operates, Allied Medical & Diagnostic Services. They also had to remove their other posts about his practice, and if asked about the practice must respond, "Due to a court order, I cannot comment on Dr. Mirza."
Mirza told 鶹ý that he sued Yelp 18 months ago in order to release the identities of some of the patients named in the current suit, and won. Yelp did not return a request for comment to verify whether those identities had been turned over to Mirza or his legal team.
There is, however, precedent for Yelp to release the identities of online reviewers. In 2014, the company had to turn over the identities of reviewers to the owner of a carpet cleaning business who said the reviews against his company weren't from real customers. A federal court in Virginia ruled that anonymous users were not protected by the First Amendment if the review is based on false statements.
Mirza said that, as a physician, he has the resources to pursue fake or libelous reviews, but acknowledges that's not the case for most small businesses. "We need to pass legislation so that libel or defamation laws can be easily implemented in a cost-effective fashion for small businesses," he said.