Online reviews play an important role in building any organization’s reputation and name in the industry. After all, most customers consider the reviews of other customers who have tried the brand’s services or products to make their decision. Overall, customer reviews can help to either make or break a company.
While a positive review can help increase your brand’s reputation, a negative one may severely damage your company. Customers are allowed to post reviews on websites based on the quality of goods or services they have received from a business. In most cases, the review will outline the client’s experience, assisting potential consumers in making appropriate selections.
Negative reviews cannot be considered liable for legal action against the reviewer. However, if someone intentionally posts negative or misleading reviews, a business may take legal action against them if the statement is false or defamatory.
Understanding the Lawsuits Over Bad Reviews
Certain lawsuits set legal precedents across the nation for businesses to sue their consumers to remove bad Google reviews. These lawsuits are as follows:
Consumer Review Fairness Act (CRFA)
The Consumer Review Fairness Act was passed in 2016 to shield consumers from unjust punishments and intimidation from businesses that publish honest reviews. The Act states that it is unlawful for a business to utilize the provision in a contract that:
- Limits a client’s capacity to assess a business’s goods, services, or behavior,
- Imposes a cost, penalty, or other charge on a client who leaves a review,
- Requires users to give up their rights to intellectual property while submitting the review.
In addition to preserving the fundamental right to free speech, this Act guarantees transparency in interactions between customers and businesses. The CRFA promotes open communication about goods and services and helps customers make better decisions by safeguarding the legitimacy of online reviews.
Furthermore, while businesses can no longer punish or silence customers who give honest but negative business reviews, this balance of power drives businesses to maintain high standards, which in turn promotes a more competitive market.
California’s Anti-SLAPP Statute
To provide relief to SLAPP lawsuits, California’s anti-SLAPP (Strategic Lawsuit Against Public Participation) laws are designed. This Google Review Defamation Lawsuit assists in preventing individuals or companies from intimidating and silencing clients or other people from using their First Amendment rights to petition the government or to express their opinions by utilizing unfounded lawsuits, the legal system, or even the fear of legal action. Therefore, if a reviewer is sued for publishing a negative review, they may submit a petition asking the court to dismiss the case due to its lack of validity.
Understanding the Difference Between Defamation and Bad Review
A false statement presented as a fact that harms the reputation of an individual, organization, or corporation is known as defamation. For example, if a business loses clients as a result of a false statement, it may be considered defamation. Libel and slander are two examples of defamation, and they can harm any type of business.
On the other hand, a bad review is an in-depth review that highlights a customer’s overall negative experience with a business’s goods or services. For example, an unbiased and fair product review highlights the problems that arise from utilizing the product is considered a bad review, and businesses cannot sue the reviewer for sharing their honest opinion or experience.
How to Ensure Whether the Bad Review Can be Sued?
To sue a client for a negative or false online review, you must provide evidence that the review is defamatory. Four elements must be present to establish defamation:
- The review must have been made available to a third party other than the person or business. This means it must have been published on a digital platform where others can view it.
- The review must identify a specific person or business while claiming to be factual. For example, the review should contain your name or the business name.
- You must prove that the review harmed you or your business. For instance, prove how the review damaged your reputation or affected your livelihood by taking business away from you.
- The person who wrote the negative review must be held accountable for it. This means that a reviewer must have known that the review was false and unprivileged at the time of writing. A simple mistake or misunderstanding will generally not be considered.
If you are seriously considering taking legal action to remove bad Google reviews, ensure that the review contains all four elements for the strongest case.
Final Words
Speak with a business attorney who handles business disputes if you think a negative review has damaged your company and constitutes defamation. It is important to look into the options because there are situations in which bringing legal action can bring negative reviews even more attention. Asking the reviewer to remove the bad Google review might be the best course of action; however, you might need legal assistance to prepare a case and make this request.
Ultimately, the success of your business depends on the reputation of your brand. Therefore, you must contact an experienced defamation litigation attorney from a reputed law firm, like Centurion Law Firm. Our attorneys, equipped with the necessary resources and experience, can assist and defend individuals and businesses thinking about bringing a defamation lawsuit.
