Should Businesses Sue Over Online Reviews? Read This Before You Act
Online reviews can make or break a business, with 85% of consumers trusting them as much as personal recommendations. While a review may seem like a small act of free speech, it can have high stakes for business owners, who may pursue legal action over defamation of character, libel, slander, intentional interference with business expectancy, violation of privacy rights, or breach of contract.
However, online reviewers are protected as long as their statements are truthful, with anti-SLAPP laws, California’s Yelp law and Section 230 of the Communications Decency Act safeguarding their right to share opinions without fear of retaliation.
While businesses should make review management a central part of their reputation management strategy, there are special considerations when thinking about legal action.
Sections
- Can you sue someone for an online review?
- Are there protections for online reviewers?
- Examples of lawsuits over online reviews
- What do you do when a customer is unhappy?
- Can you sue for bad reviews FAQs?
Consumers review their experiences on sites like TripAdvisor, Yelp, Google, and even Facebook as a regular part of everyday life. And people depend on reading those reviews to make better buying decisions. Review culture is so ingrained in many of us that leaving an online review is the assumed next step after finishing a meal, checking out of a hotel, or leaving a doctor’s office.
It is also something that businesses must contend with and learn how to do so professionally and correctly. While a complaint that the receptionist was a bit rude may seem like an innocent act of free speech to the reviewer, the stakes are high for business owners. Here’s why:
- 85% of consumers trust online reviews as much as personal recommendations.
- 60% of consumers say that negative reviews made them not want to use a business.
- Every additional one-star Yelp rating can cause an increase in the business’s revenue by as much as 9%.
Bad reviews can be devastating for a company’s reputation and its bottom line. And it isn’t just the aggregate ratings on websites like Yelp that matter – a simple Google search can easily highlight past grievances – even if they are no longer relevant.
The importance of positive online reviews has led some businesses to do whatever it takes to protect their 5-star ratings, even threatening and pursuing legal action.
Can a person really be sued for leaving bad reviews? What types of things can land reviewers in legal hot water? And what should a business owner do when deciding to take a reviewer to court?
Can you sue someone for an online review?
Generally speaking, yes. But laws and best practices vary, so speak with an attorney.
As a business owner or individual, you can sue somebody for just about anything… that you can prove. That said, simply because you’re in the right doesn’t mean that you’ll be successful in your case. Not to mention the other ramifications in the court of public opinion, not the least of which is the Streisand Effect.
Reasons for review-related lawsuits
Here are a few reasons a business can cite for a lawsuit:
- Defamation of character: Defamation is the act of making untrue statements about another that damages his or her reputation, both spoken and written.
- Libel: Libel is a defamatory statement that is printed or broadcast over media.
- Slander: Slander is the same as libel, only spoken.
- Intentional interference with business expectancy
- Violation of privacy rights
- Breach of contract
Engaging in review-related legal action is a delicate matter, often requiring thorough evaluation and legal counsel. While businesses have a right to protect their reputation, navigating the legal landscape requires a comprehensive understanding of the laws governing defamation, privacy, and business interference.
Best practices for reviewers
The number one reason for lawsuits over online reviews is that the review is simply untrue. While you have every right to express your opinion, it’s necessary to carefully choose your language when writing reviews online to avoid what may be considered falsehoods.
When writing an online review, should consider the following:
- What did you really experience?
- What is your point of view?
- Are you being fair to the company or the individual?
- What suggestions can you make to improve the experience?
- Who is really responsible for this experience?
- Are there any important details that you’ve left out?
- Can you back up all of your opinions and claims with proof?
- Is there a way you can phrase your review as constructive criticism?
“When angry count to ten before you speak. If very angry, count to one hundred.”
– Thomas Jefferson
While writing an online review, remember that words and phrasing can easily be misunderstood, misinterpreted, or taken out of context, especially when emotions get involved. Remember that as long as a review is based on facts and a personal point of view, it can be less vulnerable to a lawsuit or other legal action.
Are there protections for online reviewers?
In most cases, online reviewers are protected if their statements are truthful.
Most states have laws that make it illegal for businesses to interfere with or manipulate online reviews. The laws are intended to prevent companies from “gaming the system” by either soliciting or paying people to write positive things about their businesses or by pressuring customers into removing or modifying negative comments.
There are laws that help ensure consumers can share their honest opinions without the fear of being bullied by businesses. Here are a few examples of laws that protect online reviewers.
Anti-SLAPP laws
SLAPP stands for Strategic Lawsuit Against Public Participation. SLAPPs are lawsuits designed to “silence critics by forcing them to spend money to defend a lawsuit.” It’s basically a form of lawsuit intimidation.
Anti-SLAPP laws vary from state to state and protect the right of all of us to speak freely about matters of public interest, allowing people to criticize—and praise—companies, products, and services without the fear of ending up in a courtroom.
California’s Yelp law
Under California law AB 2365, or the “Yelp Law,” business owners can also be fined up to $10,000 if they retaliate against a reviewer or attempt to get a customer to waive their right to post a negative review.
Communications Decency Act
Section 230 of the Communications Decency Act says, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”
This protects online intermediaries that host or republish speech (think Yelp, Amazon, YouTube, or even smaller bloggers) from being sued over comments or reviews left on their sites.
Examples of lawsuits over online reviews
Here’s a look at some of the lawsuits that have been filed against reviewers and why legal action might not be the best idea for business owners.
The Case of the Missing Brake Pads
A Canadian man was threatened with a lawsuit after he left a review of an auto repair shop claiming it had “predatory technicians and shady advisors” following what he said was an unnecessary brake pad replacement. The man asked to see the brake pads that were removed, and the shop said they had disposed of them, claiming it was standard practice.
After he left his review, the man was publicly threatened with legal action by the shop in response to his online comments. The business also claimed his friends had piled on and left negative reviews. “What you are doing is illegal and has consequences,” the repair shop responded publicly. “You have a choice … you can either leave this horrible review up and we will pursue legal action against you and your friends to the fullest extent of the law, or you can be civil and remove the slander.”
Of interest in this case:
- Is the comment of “predatory technicians and shady advisors” enough to be considered slander or libel?
- Does his review that the company deceived him create a false accusation?
- Do comments left by the company constitute a threat?
According to news reports, the case is pending and being pursued by the legal department at Mazda.
Tenants sued for leaving one-star reviews
A Washington couple was sued for posting one-star reviews following an encounter with a company hired by their landlord to fix a leaky roof.
The couple claimed to have had a bad experience with the roofing company after a phone call with a “rude” receptionist. They each left one-star reviews online. The owner of the company called them, demanding that they take down the reviews.
The couple refused, claiming that the reviews were truthful and, therefore, would stay up. They were then served with a lawsuit filed on behalf of the roofing company for defamation and intentional interference with business expectancy.
There are two main factors working against the couple in this case:
- Their landlord hired the roofing company, so they are not actual customers.
- According to the roofing company, they are not entitled to the requested information (a project report and timeline) because of the above point.
When asked if the couple had a right to post their negative reviews, the roofing company’s attorney told Seattle’s KING-TV news:
“It depends why they did that. If they were doing it merely to express their opinion, that’s what other customers have done in the past. I don’t have an issue with that. ERS doesn’t have an issue with that. But when you cross the line and you use this forum to cause intentional harm to a family-owned business and hurt them and their employees and their business, you’ve crossed the line… They intentionally harmed ERS by posting one-star reviews for the purpose of getting a report they weren’t entitled to.”
Critics of the lawsuit cite this as an example of a SLAPP.
The roof was ultimately repaired by another company. Last we looked, the case was pending a court trial.
What do you do when a customer is unhappy?
That’s one of the most important questions every business owner, marketer, and manager has to answer. However, it’s not always easy to defuse a situation gracefully.
When a customer or client is unhappy, your best option is to listen. At Reputation X, we’ve found that most people just want to be heard. It sounds simple, but it’s true. Of course, giving them something for free often helps, too – just sayin’.
Listening doesn’t just mean letting a customer vent, and it’s most definitely not a way to convince them they’re wrong about how they feel. Listening means you’re hearing them with the goal of understanding what they really want. Work with your customers to understand why they are unhappy and be willing to offer a solution to their problems.
Dealing with negative reviews in a level-headed and responsible manner will not only improve your online reputation but save you time and money dealing with unnecessary lawsuits.
“Don’t dwell on what went wrong. Instead, focus on what to do next. Spend your energies on moving forward toward finding the answer.”
– Denis Waitley
Here are a few other tactics for dealing with negative online reviews:
- Keep a level head: Take some time to process the review and compose a professional response. This is your chance to share your understanding or response to the situation. In most cases, your best bet is to simply apologize for the issue, which shows that you take concerns seriously and offer a solution to the problem. Be professional, and don’t let your emotions get involved.
- Reply in a timely manner: Timeliness shows that you are responsible and play an active role in your company’s online presence. Make sure to address the situation, apologize, and ensure that it won’t happen again. If it was a staff-related issue, let them know you are taking steps to train your team to become better at their jobs and their interactions with the public.
- Respond privately: Certain cases in which the reviewer mentions a specific situation or an event that needs rectifying are best handled with direct, private contact with the reviewer. This gives you the opportunity to resolve the issue and mend the relationship with your customer and may even give you a chance to ask them to remove or edit their review. Make sure to address their specific points during this interaction so they know you are really listening. Don’t send a form or blanket email.
- Flag reviews that violate content guidelines: Sites like Yelp will remove reviews that violate its content guidelines. This typically includes reviews that are just plain false, not about your business, harassing, or inappropriate. No lawyers are required.
Going full negative
Or you could do what Botto Bistro’s owner did in an effort to remove himself from Yelp’s clutches. Chef Davide Cerretini requested customers leave 1-star Yelp reviews in exchange for 25% off a pizza. We don’t recommend this option, not just because it is technically against Yelp’s guidelines, but because it could backfire in spectacular fashion. Nonetheless, you have to admire Cerretini’s grassroots efforts to level the Yelp playing field on his own terms.
Final thoughts
Consumers have a powerful voice, and that power can cripple a brand’s reputation in the blink of an eye. Companies have long been aware of this, and their response has been to try and suppress bad reviews: sending out cease and desist letters, suing unruly reviewers, or deleting negative posts.
But that strategy only works for so long, as companies will eventually find themselves the subject of yet another damning review. There are just too many people on the internet who are willing to take companies to task for not meeting expectations, whether or not those expectations are practical.
Need help dealing with negative reviews? Contact us today to develop a review management strategy that will continue to serve your business long-term.
Can you sue for bad reviews FAQs
Should I sue someone for leaving a negative review about my business?
Although you may have a legitimate case, suing somebody over an online review should be a last resort. Consider the effect it can have on your reputation. Try every other option first, such as contacting the reviewer, responding publicly to the review, or flagging it for community guidelines.
What is the best way to deal with negative reviews?
When a customer or client is unhappy, your best option is to listen. Work with your customer to understand why they are unhappy and be willing to offer a solution to their problem. Ask them to consider removing or editing their review. Always remain calm and keep emotion out of the equation.
When can a business sue for online reviews?
A business can sue if an online review is untruthful, libelous, slander, defamation of character, intentionally interferes with business expectancy, violates privacy rights, or breaches a contract.
What is reputation marketing?
Tags: Business Reputation Repair, Corporate Reputation, Review Management.
