Cameron Miranda
It is possible to be sued for leaving a negative review, and companies have sued people for leaving bad reviews in the past. However, the First Amendment and other laws offer protection against successful lawsuits over negative reviews of a business, product, or service. In the United States, 29 states have anti-SLAPP (Strategic Lawsuits Against Public Participation) statutes, which aim to make it easier for defendants to seek dismissal of meritless lawsuits and impose financial penalties on plaintiffs who lose an anti-SLAPP motion. To successfully sue for defamation, one must generally prove the elements of defamation and that the statement caused harm.
| Characteristics | Values |
|---|---|
| Possibility of being sued for a negative review | Yes |
| Possibility of winning a lawsuit against a negative review | Yes |
| Types of damages that can be recovered in a defamation lawsuit | Actual or compensatory damages, non-economic damages, mitigating damages, punitive damages |
| Protection against a successful lawsuit over a negative review | First Amendment and other laws |
| Protection for reviewers | Anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation |
| Protection for businesses | Defamation laws |
| Suggested course of action when sued or threatened with a lawsuit | Contact a lawyer immediately |
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Defamation lawsuits
To win a defamation lawsuit, the plaintiff must prove that the statement was spoken (slander) or written (libel) and expressed to a third party. Defamation of character is considered especially damaging if it involves a person's health, business, criminal propensity, or sexual misconduct. Most states allow plaintiffs between one and three years to file a defamation lawsuit, and many states treat certain types of claims, such as accusing someone of a crime, as defamatory.
In the United States, there are anti-SLAPP (Strategic Lawsuits Against Public Participation) laws in place to protect individuals from unfounded lawsuits intended to intimidate and silence them from exercising their right to free speech. As of 2019, 29 states have anti-SLAPP laws, which can result in financial penalties for plaintiffs who lose an anti-SLAPP motion. However, in states without these laws, individuals may be more cautious in expressing their opinions to avoid potential lawsuits.
When it comes to businesses, anti-SLAPP laws also protect consumers from businesses attempting to prevent or penalize them for leaving honest reviews. The Consumer Review Fairness Act (CRFA), enacted in 2016, specifically addresses this issue by making it illegal for businesses to include non-disparagement clauses in their contracts that would allow them to threaten or penalize customers for negative reviews.
In summary, defamation lawsuits can be a complex and challenging process, requiring the involvement of experienced attorneys. Plaintiffs must carefully consider the potential emotional and financial toll of pursuing legal action while also taking into account the varying defamation statutes across different states.
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Anti-SLAPP laws
In the United States, Strategic Lawsuits Against Public Participation (SLAPP) are civil lawsuits filed against individuals or entities who speak out or criticise a business or organisation. These lawsuits are often used to intimidate and silence critics through expensive and baseless legal proceedings.
Under most anti-SLAPP statutes, a defendant can file a motion to strike or dismiss a case on the grounds that it involves protected speech or a matter of public concern. The burden of proof then shifts to the plaintiff, who must demonstrate a probability of success in the suit. If the plaintiff fails to meet this burden, the case is dismissed, and they may be required to pay a penalty, including the defendant's attorney's fees.
The existence of anti-SLAPP laws is important as they protect individuals and entities from unfounded lawsuits aimed at stifling free speech and criticism. Without these laws, individuals may be more inclined to self-censor or retract their statements to avoid costly legal battles, as seen in states without such protections.
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Damages and compensation
In contract law cases, if a court determines that damages will not properly compensate the injured party, the court may choose to award specific performance. In a tort case, the injured party can receive compensatory damages to compensate for all types of losses, including direct costs for medical care, property damage, or lost wages. It can also include indirect costs such as compensation for pain and suffering or inconvenience.
There are different types of damages that may be recovered in a defamation lawsuit. These include actual or compensatory damages for the actual lost earnings caused by the false statement or defamation, non-economic damages to serve as compensation for the company's damaged reputation, mitigating damages to reduce the company's losses, and punitive damages to further punish the reviewer.
In the United States, there are anti-SLAPP (Strategic Lawsuits Against Public Participation) laws in 29 states, which aim to make it easier for defendants to seek dismissal of meritless lawsuits, such as a business suing a consumer over an honest review. These laws can also impose financial penalties on plaintiffs who lose an anti-SLAPP motion. However, in states without anti-SLAPP laws, consumers may be more exposed, and they may choose to censor themselves by taking down the review, apologizing, or editing the review. In California, anti-SLAPP laws provide relief to SLAPP lawsuits, and in New York, if a defendant in a SLAPP suit succeeds in their motion to dismiss the case, the plaintiff must pay for the defendant's attorney's fees.
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Cease and desist letters
A cease and desist letter is a formal warning that demands the recipient stop (cease) a certain action, and refrain from doing it again (desist). In the context of reviews, a cease and desist letter could be sent by a business to a reviewer, demanding that they stop posting negative reviews, and refrain from posting similar reviews in the future.
However, this is not a simple case of demanding someone stop an action. There are legal protections in place to ensure that reviewers can express their honest opinions without fear of legal repercussions. In the US, 29 states have anti-SLAPP (Strategic Lawsuits Against Public Participation) statutes, which aim to protect individuals from unfounded lawsuits designed to intimidate and silence them from exercising their right to free speech. These laws can be used to seek the dismissal of meritless lawsuits, such as a business suing a consumer over an honest review. If a lawsuit is dismissed on these grounds, the plaintiff may have to pay the defendant's legal fees.
Despite these protections, individuals can still be sued for negative reviews, and some businesses may threaten or even file lawsuits to chill free speech. If an individual believes they have been sued for simply expressing their honest opinion, they can file a petition requesting that the court dismiss the lawsuit on the basis that it lacks merit. To avoid this situation altogether, reviewers should ensure their reviews reflect their own genuine experience and take care not to exaggerate or inflate their statements.
On the other hand, businesses also have the right to protect their brand reputation, which is crucial to their success. If a business believes a reviewer has made a defamatory statement, they can hire a commercial litigation attorney to assist and represent them in a defamation lawsuit. Damages may be recovered for lost earnings, a damaged reputation, and to further punish the reviewer.
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Honest reviews
When writing an honest review, it is important to be mindful of the potential legal repercussions. While honest reviews are generally protected by the First Amendment and other laws, there have been instances where individuals and businesses have sued over negative reviews.
Defamation Lawsuits
Defamation lawsuits can be filed by individuals or businesses who believe that a reviewer has made false and damaging statements. To successfully sue for defamation, the plaintiff must generally prove that the statement was false and caused harm. However, it is important to note that not every negative review rises to the level of defamation, and the right to free speech must be balanced with the need to protect individuals and businesses from false statements.
SLAPP Lawsuits
SLAPP (Strategic Lawsuit Against Public Participation) lawsuits are often used by businesses to intimidate and silence customers from exercising their right to free speech. These lawsuits are designed to be meritless and frivolous, with the goal of forcing the reviewer to spend time and money defending themselves or agreeing to take down the review. However, many states have anti-SLAPP statutes in place to protect reviewers from these types of lawsuits.
Protecting Yourself as a Reviewer
If you are writing an honest review and wish to protect yourself from potential legal action, it is important to be truthful and make sure your review reflects your genuine experience. Avoid exaggerating or inflating your experiences, and be careful not to include any false statements or disparaging language. If you are sued or threatened with a lawsuit, it is advisable to contact a lawyer immediately.
Taking Legal Action as a Business
If you are a business owner considering taking legal action over a negative review, it is important to first determine if the review contains any false or defamatory statements. Gather evidence, including screenshots of the review and proof of any harm suffered. You may also consider sending a formal cease and desist letter demanding the reviewer retract or delete the content. If you decide to proceed with a defamation lawsuit, consult an experienced commercial litigation attorney to protect your legal rights and seek justice.
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Frequently asked questions
Yes, you can get sued for writing a negative review, but it is rare. Companies have more leeway to pursue legal action when a review contains false statements, violent or
Yes, you can sue for a bad review against your business, but it is generally difficult to win a defamation lawsuit. To successfully sue for defamation, you must prove that the review contained false and damaging statements. If you decide to proceed with a defamation lawsuit, you should hire an experienced commercial litigation attorney to help you seek justice.
SLAPP stands for Strategic Lawsuits Against Public Participation. These lawsuits are often used by businesses to intimidate and silence customers from exercising their right to free speech. 29 states in the US have anti-SLAPP laws that protect reviewers from these types of lawsuits.
If you want to write a negative review, it is important to wait until you are calm and not acting out of anger. Make sure your review reflects your honest opinion and genuine experience without any exaggerations or false statements.
