Can Someone Sue You for Writing a Bad Review
Have you ever encountered such horrible customer service from a business that it left you feeling utterly infuriated? So, much so that even after request "to speak to the manager," you could nonetheless feel yourself getting hot under the collar?
Don't worry. You lot're in skillful company. We've all been there at one indicate in our lives.
Earlier y'all know information technology, you lot're telling anyone who volition listen why they need to avoid that detail establishment similar the plague. Yet, information technology's however not plenty. You need a larger audience.
So, you lot take to social media and mail a bad review, and moments subsequently, information technology already has 20 views, which plow into 50, then 100. 24-hour interval later, your post has had 1,000+ views. Yous feel vindicated. "That should teach them non to mess with me," yous mutter under your breath as a victorious smiling washes across your face.
The one matter yous may non realize is that your victory could be brusk-lived. And, it may come at a cost that could leave y'all shedding premium tears. What happens when a simple bad review turns into a defamation lawsuit?
Can a business sue for a bad review? Here's what you need to know.
Defamation Lawsuit for a Bad Review
What almost Americans don't realize is that bad reviews tin potentially cost them a lot more than than they bargained for.
With so many online review forums on the internet, and the sheer ability social media has to potentially ruin a legit business, it comes equally no surprise that a business owner may accept exception to a bad review left by a consumer. They may even end upward seeking legal redress by suing for defamation if they feel that the comments lack merit.
People often confuse the terms defamation, slander, and libel even though the three terms mean entirely different things.
Defamation vs Slander
Defamation is defined equally a false statement presented as a fact that ends upward causing damage or injury to an individual's or visitor'south reputation. For instance, a statement along the lines of: "XYZ Ltd. steals from its customers."
If this argument is non true, and XYZ ends up losing customers as a issue, then it is considered defamation. XYZ has the right to bring a defamation lawsuit confronting the individual who made that statement.
If, however, you went to the XYZ company premises, demanded to see the possessor and proceed to say to them, "You're stealing from your customers!" that isn't considered defamation, since the statement was uttered in private, and doesn't damage the visitor's reputation in anyone else'southward eyes.
Slander and libel are essentially types of defamation. The difference arises in the method used to defame the entity in question. If you make a faux, defamatory statement in writing, then it is considered libel. If y'all make a false, defamatory statement relayed orally via speech, so it is considered slander.
Elements of Defamation
Continue in mind that before anyone tin can bring a defamation lawsuit against y'all, they demand to testify four central elements.
- The presentation of false statements purporting to be factual
- The communication or publication of said false statements to a third party
- Fault amounting to negligence
- Loss, damage, or injury incurred by the defamed party equally a result of the defamatory statement
Keep in heed that different states have different anti-defamation statutes, which may (or may non) require a higher threshold for proving defamation. As a result, the courts in those states may translate defamation laws slightly differently.
Defamation of Graphic symbol
Defamation of character, which is legally referred to equally tort of defamation, is generally classified into two specific types of false statements.
- Defamatory per se statements – These are utterances that are so obviously harmful, no proof of injury is required
- Defamatory per quod statements – The plaintiff has to prove injury or damage incurred, which may include the loss of something with economic value
The Consumer Review Fairness Act (CRFA)
"… Visitor Sues Customer for Bad Review …" Up until 2016, these kinds of headlines had become an everyday occurrence.
It had go such a huge event that Congress had to intervene past passing the Consumer Review Fairness Act of 2016 to protect consumers from unwarranted intimidation and punishment by companies for posting honest reviews.
It paved the way for the regime to crack down on companies that use the threat of a lawsuit to intimidate honest reviewers into taking downward negative posts about their businesses.
Some companies would fifty-fifty go to the extent of using not-disparagement clauses in contracts to sue consumers who left bad reviews online or outrightly intimidating them into giving positive reviews.
If yous leave an honest bad review online, the CRFA protects you lot from being sued by a business that claims (whether truthful or non) to accept a not-disparagement provision. If a company ends up suing you on these grounds, report the matter on the FTC website.
Anti-SLAPP Statutes
If you lot live in whatsoever ane of the 29 states that currently have an anti-SLAPP (Strategic Lawsuit Against Public Participation) laws, and are being sued for a bad review, you can petition the court to dismiss the suit on the ground that information technology lacks merit. Plaintiffs who lose an anti-SLAPP motion may even have to pay penalties equally a result.
On the other hand, states that don't have these laws leave consumers exposed to the wrath of disgruntled concern owners. The average defamation settlement costs vary depending on the loss and amercement suffered. These may include:
- Actual/compensatory damages for the bodily lost earnings resulting from the defamation
- Non-economic amercement for the company'south injured reputation
- Punitive damages assessed confronting the accused
- Mitigating damages to minimize the loss suffered
In 2018, CBS News reported a story about a New York adult female who was fighting a $one one thousand thousand suit past a local doctor for posting a negative review online. Some other medico in Tennessee sued a patient for $25,000 for leaving a bad review on Yelp. So, as you can see, defamation lawsuit settlements are all over the spectrum.
Choose Your Words Advisedly
Can a business sue you for a bad review? Yes, you tin can. Especially if you can't back it upward with facts. The best thing to do when writing an online review is to put forward a factual assertion and be as detailed equally you possibly can. Ensure that y'all also provide proof to back up your claims.
That'south the best way to protect yourself against a defamation lawsuit. So, cull your words advisedly.
If you lot have any legal questions well-nigh defamation lawsuits, chat online with a Laws101.com attorney today.
Source: https://laws101.com/business-sue-you-for-a-bad-review/
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