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Indirectly Inciting “Followers to Flood” Business “with False Reviews, Calls, and Emails” May Be Tortious
A Florida court has allowed a plastic surgery practice’s claim of tortious interference to proceed against a social media user who exposed a woman’s identity and employer after a viral parking-lot dispute. The ruling means a jury may decide whether his posts encouraged followers to target the business and disrupt its relationships with patients and staff.
The practice said it received calls, emails and fictitious online reviews, after which patients cancelled procedures and a physician left. It reported losing about $900,000 in non-surgical procedures and $130,000 in surgical procedures, and spending money on security. The judge said the user’s intent remained for a jury to assess and rejected his argument that Section 230 shielded him from liability for allegedly encouraging others’ conduct.
In short
- Florida interference claim can proceed to a jury.
- Practice reported $1.03 million in lost procedures.
- Court said Section 230 did not shield alleged encouragement.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The practice can argue that publicly identifying it and urging followers to contact it foreseeably prompted a targeted campaign that damaged patient and staff relationships. If a jury finds the posts were intended to disrupt those relationships and caused losses through false reviews and unwanted contact, allowing the claim to proceed offers a remedy for harm caused indirectly through an online audience.
The case against
The user can argue that public commentary about a viral dispute is protected expression, and that liability should not follow merely because others independently chose to call or post reviews. Section 230 and the distinction between advocacy and directing unlawful conduct matter because broad exposure to claims over audience responses could chill online speech; the practice must still prove intent, causation and actual damages.
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