In today’s digital age, online reviews play a crucial role in shaping consumer decisions. Whether you’re reviewing a product, service, or business, your feedback can influence others. But what happens when a negative review leads to legal consequences? Can you actually get sued for expressing your honest opinion online?
The short answer is yes—you can be sued for a negative online review, but whether the lawsuit holds up in court depends on several factors. In this blog post, we’ll explore the legal risks of posting negative reviews, how businesses may respond, and how to protect yourself while sharing honest feedback.
Understanding the Legal Risks of Negative Reviews
1. Defamation: The Most Common Legal Threat
Defamation occurs when a false statement harms someone’s reputation. If a business claims your negative review contains false information, they may sue for:
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Libel (written defamation)
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Slander (spoken defamation)
Key Factors in Defamation Cases:
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False Statement: If your review contains factually incorrect claims (e.g., “This restaurant gave me food poisoning” without proof), it could be defamatory.
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Actual Malice: If the reviewer knowingly lies or acts with reckless disregard for the truth, the business has a stronger case.
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Harm to Reputation: The business must prove that your review caused financial or reputational damage.
2. Violation of Non-Disparagement Clauses
Some businesses include “non-disparagement clauses” in their contracts or terms of service, prohibiting customers from posting negative reviews. While the U.S. passed the Consumer Review Fairness Act (2017) banning such clauses in most cases, some businesses still try to enforce them.
3. Intellectual Property Claims
If your review includes copyrighted images, confidential information, or trade secrets, the business might sue for intellectual property violations.
4. Emotional Distress Claims
In rare cases, extremely harsh or abusive reviews could lead to claims of intentional infliction of emotional distress, though these cases are hard to prove.
Real-Life Cases of Lawsuits Over Negative Reviews
Case 1: The $1 Million Yelp Review Lawsuit
In 2013, a Virginia contractor sued a former client for $750,000 over a negative Yelp review. The court eventually ruled in favor of the reviewer, but the case dragged on for years, causing stress and legal fees.
Case 2: The Fake TripAdvisor Review
A UK hotel sued a guest for £25,000 after they posted a fake negative review. Since the reviewer had never stayed at the hotel, the court ruled in favor of the business.
Case 3: The Dentist Who Sued a Patient
A Texas dentist sued a patient for a negative Facebook review, claiming defamation. The case was eventually dismissed, but not before costing the patient thousands in legal fees.
These cases show that while many lawsuits fail, businesses can still use legal threats to intimidate reviewers.
How to Write an Honest (But Safe) Negative Review
To avoid legal trouble, follow these best practices when posting a negative review:
1. Stick to Facts, Not Emotions
Instead of saying, “This company is a scam!”, provide specific details:
✅ “I paid for expedited shipping, but my order arrived two weeks late with no communication.”
2. Avoid Exaggerations
Statements like “This is the worst company ever!” can be seen as opinion, but false claims like “They stole my credit card info!” without proof can lead to legal action.
3. Use “In My Experience” Language
Phrasing your review as a personal experience (“I felt the service was unprofessional…”) is safer than making broad accusations (“All their employees are rude!”).
4. Don’t Post False or Misleading Information
If you didn’t actually use the service, don’t review it. Fake reviews can lead to lawsuits.
5. Check for Non-Disparagement Clauses
Before signing contracts (e.g., for medical services or contractors), check if they restrict negative reviews. If they do, report them to the FTC under the Consumer Review Fairness Act.
6. Respond Professionally If Contacted by the Business
If a business threatens legal action, stay calm. Ask for evidence of defamation and consider consulting a lawyer. Many threats are just scare tactics.
What to Do If You’re Sued Over a Review
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Don’t Panic or Delete the Review Immediately
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Deleting the review might be seen as an admission of guilt.
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Screenshot any threats or legal notices.
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Consult a Lawyer
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Many defamation cases are dismissed, but legal advice is crucial.
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Organizations like the Electronic Frontier Foundation (EFF) may help with free speech cases.
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Check if Your Review Falls Under Anti-SLAPP Laws
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Many states have Anti-SLAPP (Strategic Lawsuit Against Public Participation) laws that protect free speech. If the lawsuit is meant to silence you, you could countersue for legal fees.
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Consider Settling (If the Case is Weak but Costly)
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Some businesses drop lawsuits if you agree to modify (not delete) the review.
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Conclusion: Balancing Honesty and Legal Safety
While consumers have the right to share honest opinions, businesses also have legal protections against false or malicious reviews. The best way to avoid lawsuits is to:
✔ Be truthful and specific in your reviews.
✔ Avoid emotional rants and false accusations.
✔ Know your rights under consumer protection laws.
If you’ve had a bad experience with a company, you should still speak up—just do it in a way that protects you legally.
At uorni, we believe in transparency and fair consumer rights. Always share your experiences responsibly, and stay informed about your legal protections!
Would you like help drafting a response to a legal threat over a review? Let us know in the comments!