Avvo is a popular website that profiles and rates attorneys and is used by many attorneys to promote their practices. Avvo was recently acquired by Internet Brands, which owns several other legal websites, including Nolo, Lawyers.com, and Martindale-Hubble. But Avvo’s business model has been challenged repeatedly by attorneys unhappy with its profile and rating system.

In December, the Southern District of New York dismissed a false advertising claim, on the pleadings, brought by New York attorney Kevin Davis under the Lanham Act and New York General Business Law §349, Davis v. Avvo, 2018 U.S. Dist. LEXIS 213789 (S.D.N.Y. 2018), holding that Avvo’s ratings are non-actionable “opinion.” (The court also held that Avvo’s awarding certain attorneys the status of “Pro” was mere non-actionable puffery. This article does not discuss that part of the opinion.) But a review of Davis’ complaint indicates that the matter may not be so simple.

Avvo’s Site and Davis’ Claims