Yes, you can sue over a bad review when it’s false, defamatory, and causes provable harm; honest opinion is usually protected.
What This Question Really Means
People ask this when a post tanks sales or torpedoes a hiring lead. The core issue is defamation. The law draws a bright line between false statements of fact and opinion. A negative take like “service was slow” sits on one side. A claim like “the owner forged invoices” sits on the other. One is a taste call. The other reads as a checkable fact that can injure reputation.
Fast Landmarks: Fact, Opinion, Harm
To move a claim forward, a business or individual normally must show three pillars: a false statement presented as fact, publication to someone else, and damages. In many cases a private figure also needs negligence; a public figure must show actual malice. Truth is a complete defense. So is pure opinion that doesn’t imply secret facts. “Worst latte I’ve had this year” is safe. “I saw roaches everywhere” crosses the line if that didn’t happen.
When A Negative Review Crosses The Line
| Scenario | Usually Protected? | Why It Matters |
|---|---|---|
| Pure taste statements (“bland pasta,” “rude host”) | Yes | Subjective language signals opinion, not verifiable fact. |
| Humor or obvious hyperbole | Yes | A reader wouldn’t take it as literal fact. |
| Claims about criminal conduct (“steals cards”) | No | Alleging crimes invites a defamation claim if untrue. |
| Allegations tied to concrete facts (“failed safety test”) | No | Reads as verifiable fact; needs proof. |
| Photos or documents that mislead | No | False evidence intensifies harm. |
| Copy-and-paste smear campaign | No | Pattern can show intent and amplify damages. |
Can You Sue Over A Negative Review — Real-World Thresholds
Courts look at context. Star ratings, adjectives, and first-person framing often signal opinion. Precise factual claims, technical terms, or “I have proof” statements push the post toward the fact bucket. A judge may ask: would an average reader think the writer asserted a true event? If yes, and the claim is false and harmful, a case can proceed.
First Principles Of Defamation
Most states share the same backbone: a statement presented as fact, about the plaintiff, published to a third party, with fault, and resulting harm. Written posts fall under libel. Spoken videos can fall under slander. A public figure or limited-purpose public figure needs actual malice: knowledge of falsity or reckless disregard. Private-figure standards are lower, but falsity and damages still sit at the center. Laws vary by state.
Truth, Opinion, And “Mixed” Opinions
Truth ends the case. Pure opinion also lands outside defamation. The tricky zone is “mixed opinion,” where the reviewer couches a claim as opinion but implies undisclosed facts. Lines like “in my view, the chef served spoiled fish” still read as fact statements. A safe path is to anchor any sharp take in disclosed, truthful details: what you ordered, times, receipts, names on badges, and what you personally saw.
What About Platforms And Hosts?
Review sites and marketplaces usually aren’t liable for what users post. A federal statute shields platforms from being treated as the publisher of user content. You can flag posts under site rules, but suing the host often goes nowhere. That reality shapes strategy: claims usually target the writer, not the website. See 47 U.S.C. § 230 for the text.
Anti-SLAPP Risks If You File
Many states let defendants respond with a special motion that speeds dismissal of speech-based suits and can trigger fee awards. File carelessly and you might pay the other side’s lawyer. Before filing, map your state’s rules, timing, and appeal rights. In strong anti-SLAPP states, plaintiffs need tight facts and a narrow complaint.
Consumer Review Fairness Act And Gag Clauses
Some businesses used to hide “no-disparagement” clauses in form contracts. Congress banned those for consumer reviews. A retail invoice, a rental agreement, or a website terms page can’t strip a buyer’s right to share a genuine experience. That doesn’t bless lies, but it does stop companies from threatening penalties just for leaving a candid rating. See the FTC’s Consumer Review Fairness Act guidance.
Practical Paths Before You Sue
Not every hit calls for a complaint. Here’s a playbook that keeps risk low and often fixes the damage:
Document The Record
Take screenshots with timestamps and URLs. Save a PDF of the post and any edits. Capture photos, receipts, and emails that relate to the disputed claims. If a user later deletes or edits the post, your record still exists.
Ask For A Correction Or Clarification
Short, calm outreach works. Point to the precise lines that are false. Offer the accurate facts. Suggest a clean fix: edit the claim, add a note, or remove the post. Many disputes end here. Ask a trusted outsider to read your draft as a stranger would; if it feels like a fact claim, rephrase it or add the proof.
Use The Platform’s Tools
Most sites let you report false content, attach documents, and request a review under their content rules. Keep the submission concise and factual. Avoid threats. Sites respond faster to clear documentation than to emotion.
Weigh Demand Letters Carefully
A short letter that identifies the false statements, the harm, and the requested fix can move things along. Keep the ask narrow and the tone measured. Overreaching demands backfire and can draw public attention.
When A Lawsuit Makes Sense
Litigation is a fit when a post accuses crime or professional misconduct, repeats false facts across channels, or links to forged “proof.” Add strong documentation and a clear damages trail, and you’ve got a path. Claims often include defamation per se, business disparagement, interference with contracts, and false light in some states.
What You Need To Prove
Build four buckets of proof: falsity, identification, publication, and damages. For falsity, collect tests, audits, and third-party records. For identification, tie the post to you or your brand with screenshots and context. For publication, show that others saw it. For damages, gather lost leads, refunds, before-and-after sales, ad spend to repair the hit, and staff time diverted to cleanup.
Costs, Timelines, And Outcomes
These cases can move slowly. Early motions sort fact from opinion and test defenses. Many cases end in retractions or quiet settlements with edits and a modest payment. Judges often push narrow corrections that fix the record without huge checks changing hands.
Public Figures, Professionals, And Businesses
Doctors, lawyers, builders, and local shops face the same core rules, but context matters. A solo clinic draws a different analysis than a national chain. A city council member draws a different fault standard than a private chef. If your role places you in public disputes or marketing, expect closer scrutiny of fault.
Jurisdiction And Where To File
Venue choices matter. Courts look at where the writer lives, where the business operates, and where readers viewed the post. Platform terms can also steer disputes. Filing in a state with strong anti-SLAPP rules carries extra risk for plaintiffs. Filing in a state with weak protection can slow dismissal for defendants.
Table: State Anti-SLAPP Snapshots
| State | Anti-SLAPP? | Quick Note |
|---|---|---|
| California | Strong | Early dismissal tool plus fee shift. |
| Texas | Strong | Broad law covers online speech. |
| New York | Strong (newer) | Expanded reach in recent years. |
| Florida | Moderate | Mixed results by case type. |
| Illinois | Moderate | Narrower than leaders. |
| Virginia | Limited | Protections vary by claim. |
Safe Ways To Share Sharp Views
Stick to first-person experience. Show your basis. Avoid crime labels unless you have admissible proof. Use words that indicate taste when you speak about quality. Post photos that match the date and place. Never doctor images. If a business makes it right, add that update. Accuracy earns reader trust and keeps you out of court.
What Businesses Can Do After A False Hit
Reply once with facts and receipts. Invite an offline fix. Flag the post under platform rules. When the record is clear and the hit keeps spreading, talk to counsel about a narrow complaint that targets only the false lines and seeks measured relief.
Key Legal Anchors Worth Knowing
Two items shape many disputes. First, online hosts usually aren’t liable for what users say. Second, gag clauses that try to ban honest reviews are unlawful in consumer contracts. Those two rules push both sides toward accuracy and away from legal threats that aim to chill fair criticism.
Template For A Calm Outreach
Here’s a short structure that keeps the temperature down:
Subject Line
Request to correct factual errors in your post on [date].
Body
Hello [Name] — I saw your post dated [date] about [place]. A few lines state facts that don’t match our records. They are: [quote lines]. Attached are receipts and lab results that show the accurate details: [list]. Please edit those lines or add a short note. No ask to change your rating or taste comments. Thanks for taking a look.
When To Get Counsel
Bring in a lawyer when a post accuses crimes, professional fraud, safety failures, or repeats false claims after notice. Bring counsel in before you send a demand if the target is a media outlet or a large creator. A short legal review can save months of grief and expense.
Bottom Line For Reviewers And Businesses
Sharp, honest takes help shoppers. False factual claims can lead to court. Before you hit publish, strip out any claims you can’t back up. If you’re on the receiving end, build a clean record, ask for a fix, use site tools, and file only when the facts and harm are clear.