The PSAI often receives questions from portable restroom operators, government officials and the public regarding our industry. Here is one we heard from a portable restroom operator in the western United States:
“During a routine Google search, I discovered a company I’ve never heard of — possibly a broker — implying that we cheat and scam our customers. It isn’t true of course. While they don’t mention us by name, it’s clear who they mean. What can I do about this?”
Regrettably, these tactics are not illegal — maddening though they are. If a known entity actually names your company and makes false claims that hurt your business, you may have some recourse through legal channels. Laws differ from state to state, but generally speaking, you can successfully sue in civil court if you can prove:
- The information is false
- Whoever posted/printed it knew it was false
- The false information has hurt your business.
Proving all three of these things is a very tall order, and very few lawsuits of this nature actually result in damages for the plaintiff. More often, your lawyer will be able to persuade the perpetrator to “cease and desist.” This takes time and money.
Most of the time unethical people will not mention your company by name. They may find other “creative” ways to “build up” their own business by tearing down their competitors through implication. Here are some things you can do in that situation.
- Keep perspective. If you found this “company” online but no one has mentioned them to you, consider ignoring it. Lies no one ever hears or notices won’t hurt you. Be careful if you decide to amplify them.
- A good offense is the best defense. Make sure your company is as good as you think it is. Talk to your customers — even the unhappy ones — and find out how you are perceived. Get someone to be a “secret shopper,” and document their entire experience with your company. Then improve what is needed.
- Up your own advertising, especially on the web. Invest in AdWords and other search engine optimization techniques so your site comes up before theirs in searches. If you don’t know how to do this, find someone who does. Nowadays it’s not hard, though it may cost you a little bit of money.
- Educate your customers — and potential customers. Explain how brokers operate and the pros and cons of using a broker versus doing business with you directly.
- Make decisions about whether to accept subcontract work based on how the broker advertises. Some PROs provide a lot of services on behalf of brokers; others refuse to deal with brokers at all. If you decide not to work with a company whose material is misleading, you shouldn’t hesitate to tell them how offensive you find their advertising.
What you can’t do is collude with any other portable sanitation businesses to boycott this company/broker or otherwise harm their business. It might be tempting to call your friendly competitors to get everyone to agree to not do business with the “bad guys.” Unfortunately, doing that would violate U.S. antitrust laws, and then you’d be the one in trouble.
In short: Be the good people. Counter lies by building your own business and letting the bad actors fend for themselves. If they go too far, call an attorney before you call any other portable restroom company. This will help you stay on the right side of the law. Of course, you can always contact the PSAI as well. We’ll be glad to assist you.
