Online reviews can make or break a business. A stream of positive comments can boost visibility, attract new customers, and build trust. On the other hand, a single harsh or fake review can tarnish a company’s reputation overnight. In today’s digital age, where consumers often check Google, Yelp, or Glassdoor before making a decision, negative reviews matter.
This leads many business owners to ask: What can I do about a bad review? The answer depends on whether the review is merely an opinion, violates a website’s guidelines or if it crosses the line into defamation.
When a Review Becomes Defamation
Not all negative feedback is legally actionable. Free speech protections and state laws allow customers to share opinions about their experiences, even when they are unflattering. A one-star rating that says, “I didn’t like the service,” is generally protected.
But reviews that make false statements of fact, for example claiming a restaurant had a health code violation when it did not, or accusing a business owner of fraud without evidence, may be defamatory. Defamation claims are state-law specific, but generally, Defamation occurs when:
- False Statement: The defendant made a false and defamatory statement about the plaintiff.
- Publication to a Third Party: The statement was communicated to someone other than the plaintiff.
- Statement of Fact, Not Opinion: The statement was presented as fact rather than opinion.
- Intent or Fault: The statement meets the level of intent or fault required by law, which may vary depending on whether the plaintiff is a public or private figure.
- Damages: The statement caused harm to the plaintiff’s reputation or business.
If those elements are present, the business may have grounds for legal action.
Common Scenarios for Businesses
Many businesses deal with online reviews that are more than just customer complaints. Some common situations that may support a lawsuit include:
- Fake reviews from competitors trying to hurt rankings
- False accusations of criminal activity or fraud that scare off customers or investors
- Former employees posting misleading claims about the company under fake names
- Anonymous “review bombing,” where a wave of negative posts is coordinated online to damage a brand
Each of these examples goes beyond opinion and, depending on the circumstances, may be considered defamation.
Can You Sue the Reviewer?
Yes, businesses can bring lawsuits against individuals who post defamatory content. The challenge often lies in identifying the poster. Many online reviews are anonymous or created under fake accounts. In those cases, attorneys can use legal tools such as subpoenas to force platforms or internet service providers to disclose the poster’s identity.
Unmasking and John Doe Lawsuits
When the identity of the reviewer is not known, businesses can pursue what is often called a “John Doe” lawsuit. In these cases, the lawsuit is filed against an unknown defendant, and the attorney then seeks a court order to compel the platform or internet service provider to reveal identifying information. This process, known as unmasking, allows businesses to hold anonymous posters accountable once their identity is uncovered.
John Doe lawsuits are an important tool for companies that are targeted by fake accounts, anonymous competitors, or coordinated smear campaigns. Without them, many businesses would have no way to pursue legal remedies against individuals hiding behind screen names.
Once the reviewer is identified, the business can move forward with a defamation claim that may include damages, injunctions requiring removal of the defamatory content, or a settlement that resolves both the identity and removal issue.
What About Suing the Platform?
Business owners often ask whether they can sue Google, Yelp, or Glassdoor directly. Under U.S. law, these platforms are generally immune from liability for third-party content because of Section 230 of the Communications Decency Act. That means the focus typically must be on the individual poster, not the platform.
That said, platforms typically have their own guidelines, rules, and reporting tools. In some cases, removal of the reviews can be achieved through the platform where the review violates their guidelines, such as spam, hate speech, bullying or irrelevant content.
Steps to Take if Your Business is Harmed
If you believe your company is the victim of a fake or defamatory review, here are key steps to take:
- Document everything by taking screenshots of the review, noting dates, and recording any patterns such as multiple reviews from the same IP or account.
- Avoid emotional responses since lashing out publicly can backfire and harm your brand further.
- Report the content through the platform by filing complaints with Google, Yelp, or other hosts.
- Consult with an attorney who can evaluate whether you have a strong defamation claim, send a cease-and-desist letter, or begin the process of unmasking the reviewer.
Should Every Negative Review Lead to a Lawsuit?
Not necessarily. Litigation can be expensive, time-consuming, and public. Sometimes a legal letter is enough to prompt removal. Other times, the most effective strategy is a mix of legal action and online reputation management.
Businesses should weigh the potential costs of a lawsuit against the long-term reputational damage of leaving false content unchallenged. An attorney can help assess whether pursuing litigation is the right course.
The Takeaway
Bad reviews are part of doing business, but false or fake reviews that cross into defamation are not something you have to accept. Businesses do have legal options to remove defamatory content, identify anonymous posters, and recover damages when reputations are unfairly attacked.
If your business is facing harm from false online reviews, it is important to act quickly. Document the issue, use platform reporting tools, and seek legal advice on whether a lawsuit is appropriate. Protecting your reputation online is not just about image, it can have a direct impact on your bottom line.
For more information or to discuss your situation, contact KJK attorneys Kyle Stroup at KDS@kjk.com or Alex Jones at AEJ@kjk.com.