You may have heard the story earlier this week about how LendingTree
had a security breach as employees were apparently handing out company passwords to mortgage firms, allowing them to access customer data directly. LendingTree is now suing the mortgage firms involved. However, LendingTree is apparently trying to crack down on some of the discussion about all of this. On one blog that
wrote about the story, a commenter left a comment alleging that LendingTree doesn't actually let banks compete but has its own lending center -- which seems to be based on a
class action lawsuit that was filed against LendingTree a couple years ago.
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However, LendingTree is now [url=http://consumerist.com/383809/lendingtree-lawyers-threaten-blogger-with-defamation target=_new]putting pressure on bloggers to remove such comments, mentioning that they're defamatory[/url]. Of course, thanks to section 230 of the CDA, a blogger is not responsible for defamatory content left by others (they are still responsible for their own defamatory content, of course). While it doesn't appear that LendingTree's legal notes have entirely reached the level of a cease & desist (more like a legalistic nudge), it does sound like they've convinced some other bloggers to remove content that need not be removed. And, of course, by claiming that the content is defamatory, it may scare some bloggers who don't understand their section 230 safe harbors to feel obligated to remove the content.
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