In a noteworthy legal development in Los Angeles, a Koreatown business sues TikToker – Tina Kim for her negative reviews of their medical institution.
The Wave Plastic Surgery Center, a reputable plastic surgery clinic located in the bustling heart of Koreatown, Los Angeles, has initiated legal proceedings against Tina Kim, a well-followed TikTok influencer and comedian. The genesis of this dispute is a video posted by Kim on her TikTok profile, where she detailed her unpleasant experience at the clinic and advised her sizable group of followers to steer clear of the facility.
This article will go through the main details of Kim’s claim, legal implications, attorney opinions and more. Read on!
Kim’s Controversial Video
Kim’s reviewing Wave Plastic Surgery Center on her TikTok account
Kim’s video, which quickly caught the attention of thousands, depicted her experience at the Wave Plastic Surgery Center as far from satisfactory. She alleged that upon her entry into the clinic, the three employees stationed at the front desk ignored her.
“I walked in, I walked towards the reception, none of them greeted me,” said Kim.
Despite waiting patiently, she did not attend for an extended period that she claimed was nearly 15 minutes. To add to her dissatisfaction, Kim stated her interaction with the clinic’s staff was equally unpleasant, describing their demeanor as “rude”.
Eventually, she urged her viewers not to go to WAVE and called it a “horrible, horrible place”.
Koreatown Business Sues TikToker Alleging False Claims
Wave Plastic Surgery Center Lobby
However, the clinic stands firmly in opposition to Kim’s allegations, citing their surveillance footage as evidence. According to the clinic, their video documentation reveals that Kim was in the lobby for under four minutes. This is a stark contrast to the 15-minute duration she claimed in her TikTok video. Dr. Peter Lee, the CEO of the clinic, further clarified that Kim did not have an appointment.
Dr. Lee voiced his strong displeasure with the video, viewing it as a direct attack on the clinic’s reputation and the overall work ethic of his dedicated staff. Compelled to protect his establishment and its employees, Dr. Lee decided to pursue legal action against Kim, employing the allegations of libel and slander.
Legal Implications and Lawsuit Details
As Koreatown business sues TikToker – Tina Kim, the clinic’s legal representatives argue that Kim’s video contains misleading statements purposely made to harm their reputation. WAVE denies Kim’s allegations and says that she is lying and exaggerating. The center says that it provides a luxurious environment for patients and that the staff are trained and caring.
They assert that Kim’s video not only painted a distorted picture of the clinic’s operations but also detrimentally affected its customer influx.
Through their lawsuit, the clinic seeks unspecified damages, attributing a noticeable decrease in new customer sign-ups to the aftermath of Kim’s video. The clinic’s legal team contends that the repercussions from Kim’s video post have resulted in tangible business loss and inflicted significant harm to their reputation.
WAVE is currently suing Kim for libel and slander, seeking unspecified compensatory and punitive damages. Also, the clinic filed a lawsuit on December 7, 2023, in the Los Angeles Superior Court.
Legal Expert’s Perspective
Ugo Lord, a business law attorney and fellow TikToker, offered his professional viewpoint on the ongoing litigation. He echoed the importance of truthfulness when sharing personal experiences on public platforms like TikTok.
According to Lord, while it’s within an individual’s rights to share their experiences, it can become a serious issue. This is because these experiences may exaggerate the truth, which could mislead others. He placed an emphasis on reviewers maintaining a high degree of accuracy and refraining from dictating courses of action to others, but rather focus on their own personal experiences.
With that said, Dr. Lord’s YouTube video states “mere exaggeration is not enough to be liable for defamation. The plaintiff must still prove that the exaggeration [is] with malice or a reckless disregard for the truth. If a court finds that Ms. Kim’s statements are substantially true, the influencer will succeed. Considering Ms. Kim clearly calls this video a “review” and goes further to say that it is not a reflection of the doctors at that facility but just her own experience, Ms. Kim has a strong probability of success. It is unlikely that an exaggeration of 11 minutes rises to the level of malice or reckless disregard for the truth absent further evidence.”
Surprising Response
With no surprise, Tina Kim has been contacted for comment.
Responding to the legal action, Tina Kim expressed her dismay, stating, “This is ridiculous; someone’s going to get SLAPPed.” Her reference to a “Strategic Lawsuit Against Public Participation (SLAPP suit)” highlights the common practice of utilizing lawsuits to deter critics from producing negative publicity, as defined by Cornell University’s Legal Information Institute.
Notably, legal proceedings remain ongoing, with no definitive determination of fault or liability. While the lawsuit alleges a sharp decline in new customer sign-ups, no conclusive evidence of causation has been established.
At the moment, her video, with 100,000 views and 500 comments, is still available on her TikTok account.
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