Are you able to sue the U.S. for a bad review?

What legal steps can you take as a U.S. company owner if you receive a negative online review?

You want your business to be successful. You will gain trust and confidence in your business if you maintain a high standard of operation. This reputation will continue to drive new customers.

Your online reputation is built largely through reviews. Potential customers will be more inclined to do business with businesses that have glowing five-star reviews if they research your business. If they see a negative review, even if it is biased, unfair, or completely false, it will make them reconsider their decision and send them to your competition.

You want negative reviews to not ruin your business and to keep customers away from you as a business owner.

What do you do if you receive an untrue or unfair comment? What can you do? What are your options?

Is it possible to sue a company for a bad review?

To be sincere, it depends.

The First Amendment protects free speech. Reviews are generally covered. Additionally, 34 U.S. States have passed Anti-SLAPP laws (strategic suits against public participation). Anti-SLAPP is a law that prevents people and businesses from intimidating or censoring critics with the threat or a lawsuit.

These protections allow customers to voice their dissatisfaction with your products and services or with the experience they had with your company. They can do so in person, by phone or online.

However, there are exceptions. You may be able to sue an online reviewer for defamation if it contains false or inaccurate information about your business.

How do you distinguish the two? Free speech would cover any review that includes customer opinions or facts about your business. The First Amendment covers the following content:

• “That business is expensive!”
• “I was not satisfied with the service I received.”
• “The customer service representative was rude.”

A review that is blatantly false could lead to a defamation suit. If the content is false, there are some examples of content you might be able to sue.

• “This company doesn’t have a license for their services.”
• “A worker stole a valuable watch from me while I was painting.”
• “I was charged by this company for services they didn’t deliver, and they refused to refund my money.”

Before you consider suing, you need to determine if the comment is defamatory or protected by the First Amendment.

Is it possible to sue review sites directly?

You can sue a reviewer for a bad review, if they made factual errors that could have harmed your business.

What about the review site? Is it possible to sue the review site without involving the customer?

It turns out that you won’t.

Websites cannot be held liable for any content published by a third party under the U.S. Communications Decency act. This includes review sites such as Yelp, Google Reviews and Healthgrades.

If the review site does not change the content or the meaning of the original comment, You can’t sue them because they are protected against any possible libel and defamation suits.

What can you do?

What should you do if you are the victim of a negative comment on your business? Is filing a defamation lawsuit a viable option?

It is a time-consuming task to find a lawyer to sue to remove a negative review from a review site. If the comment is very harmful to your business (and it can be proven to be false), it might be worth it. There are more practical and effective ways to handle a negative review.

You can employ these strategies to deal with negative reviews online:

• Ask the website to remove your online review. You can make a case that the review contains false information. Keep in mind, they are not required to remove your review.
• Post a thoughtful, kind response to a negative review. A thoughtful and gracious reply is the best way to handle a negative review. You should address any concerns raised in the review. Also, explain how your company is working towards preventing it from happening again. If they have had poor customer service, apologize and offer a discount code to help them with future purchases.
• Get more positive reviews online. A great way to counter negative reviews. You should have many positive reviews. Your customers should be satisfied with your products and services. Then ask them for a review.

It is important to speak with a lawyer as soon as you decide to pursue a lawsuit. Before you spend too much time, energy, or money on the matter. These experts can help you understand your legal options and the viability of your case, as well as whether or not you may be able to sue for damages.

What Not to Do

There are a few things that you absolutely DON’T want do when you receive a negative review about your business.

• Respond immediately: Negative comments can sting. When you see one, your instinct may be to immediately respond (e.g. by responding with a defense). If you react immediately to a comment, you might be irritable or angry. Give yourself some time to calm down before you respond in a measured manner.
• Don’t ignore the content: Although it can be difficult to see negative or critical comments about your business or yourself, it is possible to learn from them. Negative reviews should not be ignored. Instead, take the time to listen. Examine the results and create a plan for moving forward.
• Respond to: You may wish to retaliate against a reviewer if they leave a negative comment or spread lies about your company. It is important to not retaliate online as this can backfire on you, especially if you are planning to file a lawsuit for defamation.

Here’s an example from real life:

A contractor sued a homeowner for $700,000. He claimed that he had damaged her home, charged her for unfinished work, and stolen her jewelry. The court granted the contractor victory and ordered the homeowner take down the comments about theft.

The contractor responded to his negative comments by claiming that the homeowner had not paid and she stole his money.

The jury found that the homeowner had defamed the contractor but that the contractor’s subsequent negative comments also defamed her. No damages were awarded. The contractor’s online retaliation could have resulted in a $700,000.

Negative Reviews Can Be Handled Effectively

Negative reviews about a business are not something anyone likes, especially if they are malicious, untrue or harmful. You’ll be able to manage negative comments by yourself or consult a lawyer to resolve the matter.

This article was last updated on August 20, 2020.