Can I Sue a Customer for Bad Review

In today's economy, online reviews tin make or break a business. If your business receives a bad review and you are wondering if you tin sue the reviewer, the respond is aye. However, to sue someone for a bad review, the review must:

• Be defamatory or legally actionable;
• Violate an online review platform's Terms of Service (ToS); or
• Endeavor to extort or harass your business.

Even if you lot do not realize information technology, your business has an online profile. Review sites like Yelp, Google, Angie's Listing and Glassdoor mail service business concern pages even if you take not prepare a contour, so it is possible for customers to still review your business.

In that location is very niggling you tin can do to remove online business profiles every bit long every bit you are still in business. The best thing y'all can do is claim and monitor your concern profile to control your online reputation. This includes treatment defamatory reviews promptly and professionally.

Below, nosotros examine when, who, and how yous should sue when confronted with a negative review. And so we will dive into alternative remedies to pursue if litigation is not the best option.

When Can I Sue Someone For a Negative Review?

First, there is a deviation betwixt bad reviews and defamatory reviews.

A bad review written past an actual client describing their real experience with your business is legal. Granted, these reviews may involve the client's honest opinion.

"I liked the flowers, but I felt they did not match with my room the mode I idea they would. 3 out of 5 stars."

"The managing director asked me to wear a mask, and I thought that was really rude of them."

Reviews like those tin can be a thorn in the side of business owners, but they are by and large non actionable for defamation. While at that place may be alternatives to remedy the dissatisfaction of customers like this, it would be difficult to prevail in a defamation lawsuit.

That does not mean that businesses must cower in the face of every negative online review. A bad review crosses the line into defamation if the reviewer lies about beingness a customer or lies about their feel. For example, a known competitor leaving a bad review in an attempt to hurt your reputation could be considered a defamatory statement.

Even if the reviewer was actually a customer, they cannot fabricate false stories and statements about your business. If a reviewer says your director, Sandy, slapped them in the confront, when y'all do not have whatsoever employees named Sandy and your surveillance shows no one was slapped in the face – you may have a defamation claim.

If a customer alleges fraudulent conduct that never occurred, you lot may besides have a instance for defamation. Say a reviewer alleges they paid for a product which they never received. Merely y'all have proof from FedEx that they signed for the product on a particular 24-hour interval at a particular time. They were charged appropriately. This blazon of online review could cross the line into defamatory bear.

Some unscrupulous customers may even cross over into threats of extortion or blackmail, actions which are commonly actionable in courtroom. If a customer asks for "extras" or free services, threatening to leave a one-star review if you do not meet their demands, they are attempting to blackmail your business. Blackmail and extortion are illegal.

If you are dealing with reviews that cantankerous the line into beingness defamatory, there are even so other considerations before rushing into a lawsuit. If you are a small concern owner with few reviews, and the defamatory review is hurting your rating – a lawsuit may be your all-time choice. Larger corporations with thousands of reviews may non feel the same level of reputational damage as a small business, making a lawsuit less meaningful.

Besides, if y'all are a professional (like a doctor or lawyer) who cannot publicly respond to the negative or false review without jeopardizing your professional license, legal intervention may be your only feasible selection.

Online Reputation Management Fact: Online Reputation Direction (ORM) is a style you lot tin can take direct control over the internet search results displayed when your (or your business'southward) name is searched. ORM may exist your best option if negative online content is newsworthy, related to a serious crime, or viral. For a breakdown of the pros of using ORM instead of suing for defamation, we recommend checking out our article, "Removing Content: Online Reputation Direction vs. Legal Services".

When Should You Consider Taking the Last Step of Suing For a Bad Review?

You should only consider a lawsuit as a last resort when all other efforts accept failed. In that location are many alternatives to litigation that can resolve a negative online review without incurring the expense of a lawsuit.

Suing over a bad or defamatory online review may likewise be necessary if the reviewer is trying to extort your business organisation or acting with malice. Online extortion and internet blackmail are serious matters that require an equally serious response.

How Long After Receiving a Bad Review Should You Sue the Reviewer?

With any legal affair, fourth dimension is of the essence. Statutes of limitations dictate how long you can wait before you file a lawsuit – and if you exceed the statute of limitations in that location is a good hazard the court will dismiss your case.

For instance, most defamation statute of limitations in the U.s. range from one to 3 years. This means that a defamation victim must file their lawsuit within that ane to three-year timeframe (depending on the state) or gamble having their case dismissed. We go over this statute more in the video below.

Video: What is the Statute of Limitations for Defamation in the U.Due south.?

Sentinel

Filing a lawsuit over a bad review(s) should exist your concluding grade of action merely afterwards all other avenues of relief are exhausted.

At Minc Law, we oft work with clients to effort to resolve negative and fake reviews through client service or by flagging Terms of Service violations before pursuing litigation. Not only are these other avenues successful in many situations, merely they ofttimes save your business time and money.

When Should Y'all Avoid Suing Someone For a Bad Review?

Not every bad review is legally actionable! If the online review is 100% true and accurate, a lawsuit would be frivolous (and a waste of your time and coin). If the online review states a customer'southward opinion or impressions, that also would not be a review you tin can pursue.

The Consumer Review Fairness Deed (CRFA) of 2016 protects a consumer's right to leave honest online reviews of businesses. Worth noting is that the CFRA prohibits businesses from using not-disparagement clauses in contracts that are non open up to negotiation.

What this ways is that even if yous try to contractually prevent customers from leaving bad reviews, chances are that section of your contract will not hold up in court. Moreover, businesses that fifty-fifty attempt to utilize non-disparagement clauses to prevent negative (simply honest) reviews can face Federal Trade Commission (FTC) scrutiny.

Consumers and individuals have a right to leave honest reviews and using litigation as a tool to inhibit protected speech communication tin backfire on your business.

Fifty-fifty if the review is defamatory, there may still exist circumstances where a lawsuit is not worthwhile. If the review is only mildly negative and has not led to whatsoever damages, a lawsuit may only serve to draw unwanted attention to an otherwise benign review.

Along the aforementioned lines, a single negative review, depending on the content, may non be worth pursuing if you lot accept a ton of positive reviews. If you have 999 positive reviews and 1 negative review, the negative review may not be prominent or influence other potential customers. If this is the case, you lot may notwithstanding be able to pursue alternatives to litigation (which we will review below).

Who Should Y'all Sue for a Bad Review?

One of the about frequently asked questions in the earth of online defamation is whether a hosting platform can be sued. In about every case, the review platform (east.g. Google, Yelp, Glassdoor) cannot be sued.

Information technology is imperative that you sue the private that left the negative, defamatory review. Many people think suing the review site will yield better results – just this could not exist further from the truth.

For example, you lot cannot sue Google for fake online reviews posted to your Google My Business profile by a third-political party. This is because Section 230 of the Communications Decency Act protects online platforms from liability for posts fabricated on their platform by 3rd-parties.

If yous know the identity of the reviewer, you should sue that person in the jurisdiction where they are located.

If y'all are dealing with an anonymous review and reviewer, it is still possible to obtain legal relief. You volition demand to file a John Doe lawsuit to unmask the identity of the anonymous affiche. From there, yous can sue the reviewer directly.

What Y'all Must Prove During the Lawsuit Over a Bad Review

To prevail in any defamation lawsuit, you will need to evidence sure elements to establish that a legal wrong has occurred, such every bit:

• The review was false and expresses matters of verifiable fact, not stance. A review based on actual experiences of a customer or the expression of a protected stance volition not qualify as defamation.
• The review was published and viewable by the public. Publication is a requirement in any defamation case, and so you will demand to preserve a re-create of the review.
• The review is "of and concerning" your concern. You must show that a reasonable person would understand the false statement or false review is near you or your business.
• That your business suffered amercement as a result of the negative review. You may non demand evidence of defamation damages if the review constitutes defamation per se (slander per se or libel per se) but proving that your business saw financial losses or less traffic after the review tin can eternalize your case.

If you suspect your business is the target of imitation online reviews, make sure to read our in-depth article 'How to Spot Fake Reviews'.

What is the Difference Between Slander & Libel?

Online reviews will fall under the category of libel – which is business concern defamation in written grade. Many confuse libel with its defamatory "cousin," slander.

Slander is spoken defamation. This is an of import distinction, because slander and libel may require different legal responses and often have different defamation statutes of limitations.

At Minc Law, we primarily represent victims of online defamation, a digital form of libel.

Reasons to Be Conscientious Suing For a Bad Review

Filing a lawsuit is not e'er the all-time course of action for every business organization (or in every situation). Lawsuits can take a lot of time and toll a lot of money. Not everyone considers the stress and expense worthwhile. Nosotros recommend checking out the video below for a breakdown of the factors that can influence defamation lawsuit costs.

Video: How Much Does a Defamation Lawsuit Toll? Toll to Sue For Defamation

Watch

Depending on your specific online defamation upshot, it may be worth exploring litigation alternatives.

Some defamation lawsuits may also be unwise if they run afoul of state Anti-SLAPP laws. The acronym, SLAPP, stands for "strategic lawsuit against public participation" and many states have potent anti-SLAPP laws to protect individuals' Start Subpoena rights to free oral communication. Anti-SLAPP laws often apply to statements made against public figures like politicians and celebrities.

To learn more than about Anti-SLAPP laws, read about "defamation defenses" in our extensive Guide to Online Defamation Police.

A miracle known as the Streisand Upshot is some other reason to approach defamation lawsuits with caution. The Streisand Effect occurs when an private or business attempts to censor someone and ultimately draws more attending to the matter (often defamatory content). In the video below, we encompass the Streisand Outcome in greater detail, and provides steps to have to avoid it from happening to you.

Video: What is the Streisand Upshot & How Tin can I Avoid It?

Watch

What Legal Steps Can Yous Take Against a Bad Review if You Do Non Desire to Sue?

Lawsuits are non always the most appropriate solution to a trouble, including negative reviews. Fortunately, in that location are alternatives to a defamation suit that may assistance with negative and defamatory reviews.

Defamation cease and desist letters are ofttimes a popular alternative to a defamation lawsuit. Simply put, these letters are sent to a reviewer (when you know their identity) requesting them to remove the negative review and finish any further conduct regarding your business organisation. Any communication with the reviewer must be carefully worded to avoid negative repercussions.

Sometimes, good old-fashioned client service can piece of work magic. If you have discovered a negative review and believe y'all can remedy the upshot, it is oft worth a shot. Some customers simply want to feel heard and acknowledged.

Finally, almost review platforms will allow you to dispute a review for Terms of Service violations. If the review is non a legitimate review of your business, information technology likely violates the platform's Terms of Service.

For case, to report and remove fake Google reviews, businesses can flag reviews via Google Maps or through their Google My Business organization contour.

If it is less than obvious that the review is fake, still, you may accept to obtain a court order to remove content for a platform to remove the review. Many platforms will seek testify that the review is, in fact, simulated or defamatory.

In some rare situations, a platform may enable you to edit or delete reviews. This blazon of service should be handled with extreme circumspection, though. Editing or deleting reviews tin backfire if people discover you lot are deleting legitimate reviews to make your business look better.

Responding to a Review

If all else fails and a lawsuit is not in the cards, responding to the review is a possibility. Nonetheless, it is important to respond with caution.

Doctors and lawyers may not be able to answer to a review publicly without violating the Health Insurance Portability and Accountability Act (HIPAA) or professional privilege rules. If you are in this position, information technology is wise to consult with an chaser before responding to ensure y'all do not create bigger problems for your career.

If confidentiality rules are not a concern, y'all may exist able to respond in a way that leads to voluntary removal of the negative review. Leaving a short, objective, and cordial response may become a long way toward remedying the state of affairs. Argumentative or hostile responses may simply serve to make matters worse. Poor responses have been known to draw attention to negative reviews, heave SEO, and make a review more than prominent in search results.

At the cease of the day, an experienced cyberspace defamation chaser can help you arts and crafts the all-time possible response to a negative review.

If yous are a medical professional, make sure to read our web log post, "How to Respond to Negative & Fake Patient Reviews of Doctors" and watch our video presentation (below).

Video: How Medical Professionals Can Remove & Reply to Negative Patient Reviews

Watch

What Should You Practice If You Get Sued For A Bad Review?

While almost of this article revolves around how a business tin can respond to negative reviews, information technology is worth briefly addressing the other perspective.

If you are defendant of leaving a defamatory negative review, you lot have legal options likewise. It is all-time to contact an internet defamation attorney for legal advice every bit soon equally possible to protect yourself.

Seeking Legal Help to Sue Someone For a Bad Review

If you are struggling with negative online reviews, information technology is important to contact an internet defamation attorney. While all attorneys must attend law school and pass the bar, most attorneys practise inside different areas of law.

Contacting a divorce attorney over an online defamation issue is not likely to yield positive results (unless they refer you to a defamation chaser).

There are even differences among defamation attorneys – some defamation attorneys focus on slander or media libel, while others take carved a niche in the realm of online defamation, including consumer review removal.

Every legal issue requires specific cognition, tools, and experience. Information technology is important to piece of work with an chaser and law firm that is familiar with the surface area of law suited to your needs. Retaining an online defamation lawyer can increase your chance of success while mitigating risks.

Let'southward Tackle Bad Reviews Together

If someone leaves a defamatory or fake review most your business, you are well within your rights to sue them. Merely, deciding whether a lawsuit is your best course of legal action tin can exist a difficult determination.

At Minc Constabulary, nosotros have helped countless businesses address faux and defamatory reviews from all online platforms. Nosotros have the feel necessary to tackle any fake review well-nigh your business concern.

★★★★★

"We were under pressure to resolve an unfavorable Yelp review. Our Minc team was empathetic, efficient and got the task done chop-chop. We at present have a lifeline when an on-line review becomes problematic. Many cheers to our wonderful team!"

Ellen Adams, June thirteen, 2021

To notice out whether suing over a bad review is the right choice for your business concern, contact us for a complimentary consultation past calling (216) 373-7706, speaking with a Chat Representative, or filling out our online contact form.

If you are the target of fake and negative reviews on Facebook, we recommend checking out our commodity dedicated to the subject by clicking the link: How to Remove a Bad Review on Facebook, every bit well as our video on the subject beneath.

Video: What to Practice If You Are Being Slandered or Libeled on Facebook

Watch

salazarthele1959.blogspot.com

Source: https://www.minclaw.com/can-business-sue-for-bad-review/

Share this post