Negative Online Reviews: What Can You Do?

Online reviews are increasingly essential to every business. Recent studies have found that 95% of consumers consulted an online review before purchasing a product, while 75% of jobseekers researched a potential employer's reviews online. But if these reviews are negative (and particularly if they are false), they can have a lasting negative impact on your business.

In some cases, businesses may have a claim for defamation against individuals who post false negative reviews online.  Ohio courts have required four elements to prove a successful defamation claim: 1) the defendant must have made a false statement; 2) that statement injured the plaintiff’s business; 3) the statement was published or communicated to others; and 4) the defendant acted with the necessary degree of fault.

In 2013, for example, a Columbus tenant was sued for allegedly making defamatory comments that injured the landlord’s business. The tenant, James Raney, commented online about the apartments’ conditions which he believed fell short of the “luxury” described in marketing materials. After he moved out, he continued to blog about the landlord, Connor Group.

Connor Group eventually brought a lawsuit against Raney, arguing that Raney’s claims were false and harmful to the company. Raney and his attorney argued that the online postings were constitutionally-protected opinion. The parties eventually settled the litigation when Raney agreed to refrain from disparaging the landlord in exchange for a dismissal of the lawsuit.

As in this case, the most difficult questions in a defamation claim are often: 1) Were the negative statements presented as fact or opinion? and 2) Did the statements result in actual damages to the business? Because defamation can be difficult to prove, litigation may not always be the best response; in some cases, simply responding to the negative review or contacting the poster directly may help resolve the issue.

If your business has been adversely affected by negative online reviews, please contact our firm today to discuss your best course of action.

A version of this post was originally published by Mallory Law Office, LLC.