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Defamatory Reviews:
How to Recognize Them and Take Action
- False or fraudulent reviews are misleading comments or ratings posted with the intent to deceive or harm an individual’s or business’s reputation.
- These unauthentic critiques from places like Google, Yelp, or Glassdoor, often stemming from competitors, disgruntled individuals, or anonymous entities, can undermine trust, deter potential clients, and negatively affect your online visibility.
- The ripple effect of such deceptive feedback can translate into tangible losses, be it emotional, reputational, or financial.
Defamatory Reviews:
How to Recognize Them and Take Action
Do All Reviews Amount to Defamation?
- The short answer is: no.
- Not all negative feedback or reviews amount to the defamatory legal threshold.
- There is a false narrative that all negative reviews represent untrustworthiness and inferiority, however, some negative reviews do have merit to them.
- Digital feedback becomes excessive if they claim a confirmable falsehood that tarnishes a company’s image.
- These fraudulent comments can be classified as slander or libel, and the individual or entity responsible can face consequences for portraying false information that harms a business’s online standing.
How To Identify The Speaker Online And Take The Review Down
Simple communication between the business entity and the client can really turn a negative experience into a positive one.
How To Identify The Anonymous Poster
- Many individuals on the web opt for pseudonyms, especially when posting negative comments about a company.
- This presents a tedious challenge many businesses grapple with.
- Adding to the frustration, some entrepreneurs can often suspect they know the individual responsible for such adverse feedback.
- One way to obtain this evidence is by tracking the user’s IP address, a unique digital identifier assigned to their device upon internet access.
- Most users don’t hide their IP when browsing.
- Specialized attorneys in online defamation can trace an adverse comment back to its IP address and then request the relevant data from the Internet Service Provider (ISP).
- This often reveals the actual person responsible for the disparaging remark.
Ask The Speaker To Edit Or Delete The Negative Review
- Try to understand their perspective before reaching out to the speaker.
- For example, is their feedback an accurate representation of their experience at your establishment?
- Are there steps you can take to improve the outcome?
- Responding to negative feedback is imperative to a business’s reputation.
- Try to express empathy while trying to provide for an ethical solution to “make the situation” right.
- Remember that the Consumer Review Fairness Act states that it is illegal to penalize authentic feedback from consumers.
Filing A Defamation Lawsuit
Keep in mind that different locations will have different jurisdictions, and processes may differ, however, here is a general outline of how to file a lawsuit pertaining to false reviews:
- Obtain an Attorney Within Your Jurisdiction: Obtain an attorney who is well-versed in Illinois defamation laws.
- Collect Evidence: Document all evidence of the false review and its effects.
- Demand Letter: It’s common to send a demand letter to the defamer before formally filing a lawsuit. This could lead to retraction, compensation, or another form of resolution.
- File a Complaint: If no resolution is reached, your attorney will draft and file a complaint in the appropriate court system.
- Discovery and Trial: Once the lawsuit is initiated, both parties will prepare for trial during the discovery phase, and if no settlement is achieved, the case will proceed to trial.
In a general jurisdiction, there are:
- Statute of Limitations
- Defenses to Defamation
- Damages
How Centurion’s Attorneys Can Help You With Your Case
- Centurion Law Firm attorneys specialize in navigating the complexities of defamation law, ensuring that our clients receive expert advice tailored to their unique situation.
- Internet defamation lawsuits can be tedious and complex legally and in its own practicality.
- Our proactive approach aims not only to rectify the damage caused by false reviews but also to safeguard clients’ reputations in the future.
Schedule a consultation or call us now to remove fraudulent or misleading reviews.
