When you are growing a business, you are usually doing whatever it takes to provide the best products or services to your customers. As your business grows, you will also gain a reputation that consumers usually rely on either by word of mouth or by online reviews. Your business’ reputation is vital. A reputation of a trustworthiness and reliability can bring many new customers to a business. Online reviews play a crucial role in building that reputation.
Oftentimes, when consumers are window shopping for products or services, they take their research online and one of the first things they will see will be a business’ online reviews left by consumers. Bad reviews have the potential to immediately turn away perspective clients or customers. As a business owner, you should do everything in your power to handle negative reviews so that they don’t ruin your business’ reputation.
Let’s say you have just discovered a negative review on your business. What can you do?
Well, it depends on whether the review constitutes defamation or if it is just a negative review. Defamatory reviews are legally actionable, whereas bad reviews are not.
- Defamation can be described as a false statement claiming to be a fact that is published to a third party which ends up causing injury or damage to the reputation of a person, business, or entity. For instance, if a statement is false, and a business loses customers due to the false statement, it may be considered defamation.
- A negative review is an honest and unbiased review that reflects the poor first-hand experience of a customer with a company’s product or services. For instance, a review of a product that explains the problem with the product upon using it. While you cannot have a court order for the removal of such a review, there are some things you should consider when handling these reviews.
So, in the context of negative business reviews, how can you prove a “false statement presented as a fact?”
If the reviewer was never a customer or a client to your business in the first place, their entire review is false because it is not based on their first-hand experience with the business. Reviews are supposed to be based on the reviewer’s first-hand experience with the business. Think here of a disgruntled customer trying to extort a business by having their friends and family members all write negative reviews to collectively destroy a business’ reputation. If that sounds wrong to you, that is because it is. Maybe the business deserved one 1-star rating, but not 7.
If the reviewer was actually a customer, you can still prove the statements made are false. For example, let’s say a reviewer who was once a customer states that the business is terrible with responding to emails and they were charged for things they never bargained for. If you have emails or other records that show you were diligently responding to their emails or other forms of communication, and that the customer knew exactly what they were being charged for, you could have a very strong case for defamation in a court of law.
Litigation could be expensive for all parties involved. Usually, sending a letter to the reviewer demanding removal of all published defamatory statements as a warning before initiating litigation proceedings will get the message across to them. It is in their best interest to abide, because if you are forced to initiate litigation and they lose in court, they must remove the post, pay out damages, and also pay the winning party’s costs associated to the litigation.
6 Responses
Greetings, I am the owner of Mike’s Auto Glass in Tampa along with other companies. We have had a former customer give us a negative review that could be considered defamation. I would like to engage your firm to send this individual a letter asking for removal and proceeding with further legal action if necessary. Thanks, Justin
Hello my name is Kayla and I work for Autozone in Gypsum, Colorado. It is a small valley and I know a few of the customers who have came in. Last Sunday I had someone come in with their husband. Now this woman and I have had problems in the last few months that led to exchanging some not very nice things and blocking of each other from further contact. I did not know it was these two til it was too late. She and her husband were very rude and would not give me the proper information I needed to look up their vehicle and make sure their battery was compatible. They gave me attitude and were very nasty when speaking with me. I looked up the battery, how they told me to do it, and went to go find their battery. Yes I grabbed the wrong one, a red top instead of a yellow top. But their attitude threw me for a loop because being a customer service representative I always treat my customers with respect and am very kind and helpful. These two had the attitude first and I spoke very little to them. She lied in her review, stated that I was yelling at my son, and that I didn’t know what I was doing. She mentioned me by name, but does not have my full name on my name tag, so I was sought out for her to be evil and malicious in her review. I went to grab the battery but then asked my boss, who is the store manager, if he could finish helping them. They made a lot of false claims in their review and were very rude about it.
The mention of my son at my workplace, could get me fired. I am not supposed to have him at work but I am a single mom and don’t have a support system or anyone to help watch him. And this woman, Tiffany knows this very well because she was the last person to watch my son. I don’t appreciate the lying and what may come of this false and malicious review. I would like to not send them a warning, because they are liking this and I want to go right into taking legal action. These two however did not use a proper name or make a true account for their google reviews. Probably because they would get backlash because they are very morose people and like to make others miserable no matter the cost. Even her family will agree. And I know my boss will back me up with everything. I was just curious how to go about this situation. She knows I have no support system, she knows I am trying to work as a single mom, and this could cost me my job. Not to mention the mental and emotional pain of her spreading lies and maliciousness over the internet.
question, if a doctor has a lawsuit and you share it on google review, can you get in trouble for sharing public info?
no, if it’s a public info
Last friday a group of girls were at my restaurant celebrating one of them birthday. Then days later put in social media and on google reviews that we drugged them with the rape drug.
I’ve been triying to remove this review from google but it has been impossible, also i want to take legal action agains them for difamation and for putting my business reputation on risk because of them
Antonio,
We understand that your restaurant’s success is dependent on its reputation, especially as a small business owner. Allegations of this nature are extremely distressing and have enduring effects. If you are interested in a consultation call with our founding partner, Eric Gros-Dubois, please call us at (786) 837-6787 for more information.