Can You Get Sued for Leaving a Bad Review

In the simplest words, defamation means making a false statement that damages someone’s reputation. For example, if your neighbor says that you’re a thief, and it causes others to avoid you or look at you suspiciously, they’ve defamed you.


Similarly, if someone posts a false review claiming that the business owner is a scammer, it can be considered defamatory. In such cases, the business owner may have grounds to sue for defamation.

Defamatory statements can be of two types:

Libel: These are written statements, such as a review on a website or social media post.


Slander: Oral defamatory statements, such as someone saying something false about a business in their YouTube review, are called slander.


As a result of defamation, a business can lose its customers and suffer financial losses. The business owners may also experience a tarnished reputation. Their personal relationships may be affected, too, as their friends and family might believe the defamatory statements.

If the business sues the reviewer and they win the case, the reviewer will be liable to pay compensation for damages caused by their defamatory statements. They may also be ordered to take down their review or post a public apology.

A business can also sue over false statements or misrepresentation. This is slightly different from defamation in that the statement itself may not be damaging, but it is still false and misleading.

For example, if a customer posts a review claiming that the business has a certain certification or award when they do not, this could be considered false advertising. Another example is a review falsely claiming that the business offers a service or product that they do not.


In theory, these statements may not sound so bad. However, they are still damaging because what happens when a customer falsely believes these reviews and then sets expectations that the business is unable to meet? It would cause dissatisfaction and potential customer churn.


For a review to be considered false, it needs to be:

• Untrue
• Published on a third-party platform
• Non-privileged, meaning the reviewer is not protected from legal action
• Clearly stated as a fact and not an opinion


The reviewer, if found guilty, may face similar consequences as with a case of defamation.

If a review is straight-up harassing or bullying, the business may be able to file for intentional infliction of emotional distress. However, for this to happen, the review should be more serious than a petty annoyance or an insult.


The business would need to prove that the reviewer intended to cause emotional distress and acted in a reckless or extreme manner. For example, if the reviewer uses hate speech or makes physically threatening statements, this could be considered intentional infliction of emotional distress.


The burden of proof for this type of case is higher and may require legal assistance. Concrete evidence and documentation of the review and its impact on the business owner’s emotional state would be necessary in court.


If proven, the business may be able to receive compensation for emotional distress. The review will also be taken down.

In the US, the First Amendment protects the right to freedom of speech, including online reviews. In simple words, businesses cannot sue reviewers just because they don’t like what they said. However, this protection is not absolute and does have limitations.


For example, if the review contains false and defamatory statements, it may not be protected by the First Amendment. The First Amendment also doesn’t protect against criminal activities or inciting violence.

The Communications Decency Act (CDA) is a part of the US Telecommunications Act of 1996. Initially, it was intended to regulate indecent material on the internet, but it has since been used for other purposes.


Section 230 of the CDA protects online platforms and service providers from being held liable for content posted by their users. So, a business cannot sue a review platform or website for a negative review posted by a customer.

The Consumer Review Fairness Act (CRFA) is a US federal law that gives consumers the right to post their honest opinions about a business’s products or services. The CRFA prohibits businesses from using non-disparagement clauses in consumer contracts, which restricts customers from posting negative reviews.


Since honest feedback helps keep businesses accountable and protect future customers from bad experiences, the CRFA promotes a fair and competitive marketplace. It is the strongest federal protection for online consumer reviews.

The law doesn’t only protect online reviews. It also covers consumer assessments, social media posts, uploaded videos, photos, and customer evaluations of a business’s customer service. For example, user-generated content (UGC) like images or videos that people post on social media about a brand are covered by this law. 


As per this law, a business cannot bar someone from reviewing their conduct, products, or services. The company cannot penalize (or impose a fee) on someone who leaves a review either. 


However, there are a few exceptions. A company may remove or prohibit reviews that contain private and confidential information, such as someone’s financial or medical information. Reviews containing abusive, vulgar, libelous, and sexually explicit content can also be prohibited. Similarly, if a review is inappropriate toward a race, ethnicity, gender, or sexuality, it can be removed.

Anti-SLAPP (Strategic Lawsuit Against Public Participation) laws are state-level statutes that protect individuals from retaliatory lawsuits for exercising their First Amendment rights. These laws prevent powerful entities like big businesses from using lawsuits to intimidate or silence individuals who criticize them.


One of the main purposes of anti-SLAPP laws is to promote and protect free speech. Online reviews are a part of this protected speech.


If a business tries to sue a customer who is simply exercising their right to leave a review, the customer can use anti-SLAPP laws to defend themselves. So, businesses must make sure their claims against customers are not baseless or retaliatory so that they can have a strong case. 


While anti-SLAPP laws protect customers from baseless lawsuits, businesses still have the right to sue reviewers if the review contains defamatory statements or false claims. Beyond defamation, businesses may also pursue legal action if a review includes other illegal activities, such as revealing confidential information. Similarly, reviews that are part of a targeted smear campaign or contain threats could also justify legal action.