Small businesses have it rough. Not only is there a lot of competition for your customer’s dollars, but a single bad review can sometimes redirect traffic to your competitors.
When online reviews have so much power to shape public perception of you, your services and your company and make or break or break your business, it’s important to know your options. Can you sue someone for a bad review? The short answer is “Yes,” but the long answer is more complicated.
Negative reviews are not grounds for a lawsuit
If someone doesn’t like your product or services, they’re free to share their honest opinions – even if you feel they’re unfair. To sue for defamation, you need to show that the review:
- Contains a statement of fact (not just their opinion) that’s provably untrue
- The writer knew their statement was untrue or acted without regard to the truth
- Is publicly visible, such as those published on Yelp or another review site
- Directly identifies you or your business (rather than just vaguely references either)
- Has harmed your reputation or business in some way
For example, if someone writes a review that says your business has failed numerous health inspections, which is completely untrue, that’s likely defamation. If someone writes that they “didn’t think your restaurant was as clean as it should be,” that’s merely their opinion. It’s not defamation, even if others base their decision to eat elsewhere on their statements.
Something called the Streisand Effect says that taking legal action against a reviewer can draw more negative attention your way than simply responding to the review with the facts and moving on.
It can be difficult to know when you have a case for defamation – and when it makes sense to sue. Learning more about your legal options and discussing them with someone who understands the nuances of the situation can help.