Retaliation Against Bad Review Business Where to File

In today'southward economy, online reviews tin make or break a business. If your business receives a bad review and you are wondering if y'all can sue the reviewer, the answer is yes. Yet, to sue someone for a bad review, the review must:

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

Fifty-fifty if you do not realize it, your business has an online profile. Review sites similar Yelp, Google, Angie's Listing and Glassdoor post business concern pages fifty-fifty if you have not set up a profile, so it is possible for customers to nevertheless review your concern.

At that place is very little yous can do to remove online concern profiles as long as you are still in business. The best thing yous can practice is claim and monitor your business contour to command your online reputation. This includes treatment defamatory reviews promptly and professionally.

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

When Can I Sue Someone For a Negative Review?

Kickoff, in that location is a difference betwixt bad reviews and defamatory reviews.

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

"I liked the flowers, only I felt they did not friction match with my room the way I thought they would. 3 out of v stars."

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

Reviews like those can be a thorn in the side of business owners, only they are generally not actionable for defamation. While there may exist alternatives to remedy the dissatisfaction of customers like this, it would be hard to prevail in a defamation lawsuit.

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

Even if the reviewer was actually a client, they cannot fabricate false stories and statements virtually your business. If a reviewer says your manager, Sandy, slapped them in the face, when yous do not have whatever employees named Sandy and your surveillance shows no one was slapped in the face – y'all may take a defamation merits.

If a client alleges fraudulent conduct that never occurred, you lot may also have a example for defamation. Say a reviewer alleges they paid for a product which they never received. Simply yous accept proof from FedEx that they signed for the product on a particular twenty-four hours at a particular fourth dimension. They were charged accordingly. This type of online review could cross the line into defamatory bear.

Some unscrupulous customers may fifty-fifty cantankerous over into threats of extortion or blackmail, actions which are usually actionable in court. If a customer asks for "extras" or free services, threatening to exit a one-star review if yous do not come across their demands, they are attempting to blackmail your business organisation. Blackmail and extortion are illegal.

If you are dealing with reviews that cross the line into being defamatory, there are still other considerations before rushing into a lawsuit. If you lot are a small business organization owner with few reviews, and the defamatory review is hurting your rating – a lawsuit may be your best option. Larger corporations with thousands of reviews may non experience the same level of reputational damage as a small-scale business, making a lawsuit less meaningful.

Also, if you are a professional (like a doctor or lawyer) who cannot publicly answer to the negative or false review without jeopardizing your professional person license, legal intervention may exist your only viable option.

Online Reputation Management Fact: Online Reputation Management (ORM) is a way you tin can take direct control over the internet search results displayed when your (or your concern'south) name is searched. ORM may be 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 Management vs. Legal Services".

When Should Y'all 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 have failed. There are many alternatives to litigation that tin can resolve a negative online review without incurring the expense of a lawsuit.

Suing over a bad or defamatory online review may also be necessary if the reviewer is trying to extort your business organization or acting with malice. Online extortion and net bribery are serious matters that crave an equally serious response.

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

With any legal matter, 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 there is a good run a risk the court will dismiss your case.

For example, near defamation statute of limitations in the U.s.a. range from one to three years. This means that a defamation victim must file their lawsuit inside that i to three-year timeframe (depending on the state) or risk having their instance dismissed. Nosotros go over this statute more in the video below.

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

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Filing a lawsuit over a bad review(s) should exist your final grade of activeness merely after all other avenues of relief are exhausted.

At Minc Police, we oftentimes piece of work with clients to attempt to resolve negative and imitation reviews through client service or by flagging Terms of Service violations before pursuing litigation. Not only are these other avenues successful in many situations, but they often salve your business concern time and money.

When Should You 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 material of your time and money). If the online review states a client's opinion or impressions, that also would not exist a review you can pursue.

The Consumer Review Fairness Human action (CRFA) of 2022 protects a consumer's right to exit honest online reviews of businesses. Worth noting is that the CFRA prohibits businesses from using non-disparagement clauses in contracts that are non open up to negotiation.

What this means is that even if you lot try to contractually prevent customers from leaving bad reviews, chances are that section of your contract volition not concur up in court. Moreover, businesses that fifty-fifty attempt to employ non-disparagement clauses to prevent negative (simply honest) reviews tin confront Federal Merchandise Commission (FTC) scrutiny.

Consumers and individuals accept a right to leave honest reviews and using litigation every bit a tool to inhibit protected speech communication tin backlash on your concern.

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

Along the same lines, a unmarried negative review, depending on the content, may not be worth pursuing if you have a ton of positive reviews. If you accept 999 positive reviews and 1 negative review, the negative review may not be prominent or influence other potential customers. If this is the case, y'all may still exist able to pursue alternatives to litigation (which nosotros will review beneath).

Who Should You Sue for a Bad Review?

One of the most frequently asked questions in the world of online defamation is whether a hosting platform tin be sued. In almost every instance, the review platform (east.g. Google, Yelp, Glassdoor) cannot be sued.

It is imperative that y'all sue the individual that left the negative, defamatory review. Many people think suing the review site will yield better results – but this could not be further from the truth.

For instance, you cannot sue Google for simulated 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 made on their platform by third-parties.

If you know the identity of the reviewer, you lot 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 lot volition need to file a John Doe lawsuit to unmask the identity of the anonymous affiche. From there, y'all can sue the reviewer direct.

What You Must Prove During the Lawsuit Over a Bad Review

To prevail in whatsoever defamation lawsuit, you volition need to prove sure elements to establish that a legal incorrect has occurred, such as:

• The review was imitation and expresses matters of verifiable fact, non opinion. A review based on actual experiences of a customer or the expression of a protected opinion volition not authorize as defamation.
• The review was published and viewable by the public. Publication is a requirement in any defamation example, so y'all will need to preserve a re-create of the review.
• The review is "of and apropos" your business concern. You must show that a reasonable person would understand the simulated statement or false review is nigh y'all or your business.
• That your business organization suffered damages as a result of the negative review. You may not need evidence of defamation damages if the review constitutes defamation per se (slander per se or libel per se) but proving that your business saw fiscal losses or less traffic after the review tin bolster your case.

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

What is the Departure Between Slander & Libel?

Online reviews will fall under the category of libel – which is business defamation in written form. 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 accept unlike defamation statutes of limitations.

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

Reasons to Be Conscientious Suing For a Bad Review

Filing a lawsuit is not ever the best course of action for every business (or in every situation). Lawsuits can have a lot of time and toll a lot of money. Non everyone considers the stress and expense worthwhile. We recommend checking out the video below for a breakdown of the factors that tin influence defamation lawsuit costs.

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

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

Some defamation lawsuits may also be unwise if they run afoul of country Anti-SLAPP laws. The acronym, SLAPP, stands for "strategic lawsuit confronting public participation" and many states have strong anti-SLAPP laws to protect individuals' First Amendment rights to free voice communication. Anti-SLAPP laws often apply to statements made confronting public figures like politicians and celebrities.

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

A phenomenon known as the Streisand Effect is some other reason to arroyo defamation lawsuits with caution. The Streisand Issue occurs when an individual or business attempts to censor someone and ultimately draws more attention to the matter (oftentimes defamatory content). In the video below, we cover the Streisand Effect in greater detail, and provides steps to take to avoid it from happening to you.

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

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What Legal Steps Can You Take Against a Bad Review if You Do Not Want to Sue?

Lawsuits are not always the about appropriate solution to a problem, including negative reviews. Fortunately, there are alternatives to a defamation suit that may help with negative and defamatory reviews.

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

Sometimes, good old-fashioned customer service can work magic. If yous accept discovered a negative review and believe you lot can remedy the issue, it is often worth a shot. Some customers merely want to experience heard and acknowledged.

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

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

If information technology is less than obvious that the review is fake, however, you may take to obtain a court gild to remove content for a platform to remove the review. Many platforms will seek show that the review is, in fact, fake or defamatory.

In some rare situations, a platform may enable you to edit or delete reviews. This type of service should be handled with farthermost caution, though. Editing or deleting reviews can backlash if people discover y'all are deleting legitimate reviews to brand your business look meliorate.

Responding to a Review

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

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

If confidentiality rules are not a concern, you may be able to respond in a way that leads to voluntary removal of the negative review. Leaving a short, objective, and cordial response may go a long way toward remedying the situation. Argumentative or hostile responses may simply serve to make matters worse. Poor responses accept been known to depict attention to negative reviews, heave SEO, and make a review more prominent in search results.

At the end of the day, an experienced internet defamation attorney can help y'all arts and crafts the best possible response to a negative review.

If you are a medical professional, make sure to read our blog postal service, "How to Answer to Negative & Fake Patient Reviews of Doctors" and watch our video presentation (below).

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

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What Should You Do If Y'all Get Sued For A Bad Review?

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

If you are accused of leaving a defamatory negative review, you take legal options as well. It is best to contact an internet defamation chaser for legal communication as soon as possible to protect yourself.

Seeking Legal Help to Sue Someone For a Bad Review

If you are struggling with negative online reviews, it is important to contact an internet defamation attorney. While all attorneys must nourish police force school and laissez passer the bar, most attorneys exercise inside dissimilar areas of law.

Contacting a divorce attorney over an online defamation issue is non likely to yield positive results (unless they refer you to a defamation attorney).

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

Every legal outcome requires specific knowledge, tools, and experience. It is important to work with an attorney and law business firm that is familiar with the area of law suited to your needs. Retaining an online defamation lawyer can increment your adventure of success while mitigating risks.

Allow'due south Tackle Bad Reviews Together

If someone leaves a defamatory or imitation review about your business organisation, you are well within your rights to sue them. But, deciding whether a lawsuit is your best grade of legal action tin can be a hard determination.

At Minc Police, we have helped endless businesses address fake and defamatory reviews from all online platforms. We have the experience necessary to tackle any fake review about your business.

★★★★★

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

Ellen Adams, June 13, 2021

To detect out whether suing over a bad review is the right choice for your business organization, contact us for a gratis consultation by calling (216) 373-7706, speaking with a Conversation Representative, or filling out our online contact form.

If you are the target of simulated and negative reviews on Facebook, we recommend checking out our article dedicated to the subject by clicking the link: How to Remove a Bad Review on Facebook, as well as our video on the subject field below.

Video: What to Do If Yous Are Being Slandered or Libeled on Facebook

Watch

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

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