Fake Reviews, Defamatory Reviews & Commercial Disparagement
| Type of Review | Legal Theory | Elements to Prove |
|---|---|---|
| Fake review (never a customer) | Defamation, unfair competition, tortious interference | Reviewer was never customer; made false statements; caused harm |
| Competitor fake review | Commercial disparagement, unfair competition (CA Bus & Prof §17200) | Competitor posted false review to harm your business |
| Provably false factual claims | Defamation per se (libel) | Review states verifiable facts that are false (e.g., "They stole my credit card info") |
| Review violates non-disparagement clause | Breach of contract | Customer signed agreement with non-disparagement clause (note: CRFA limits enforceability) |
| Extortion review ("pay me or I'll post bad review") | Extortion, unfair competition | Evidence of demand for payment in exchange for removing/not posting review |
| False factual claims in book/product reviews | Defamation, trade libel | Review states provably false facts about author or book (plagiarism allegations, fabricated misconduct, false credential claims); author can disprove with publication records, metadata, or documentation |
Book and product reviews receive heightened opinion protection because the genre is inherently evaluative. Courts are more likely to treat statements in a book review as non-actionable opinion than equivalent statements in other contexts. "Terrible book," "boring," "waste of money," and "bad writing" are classic protected opinions that no demand letter can touch.
The actionable bucket for book reviews is narrower: you need provably false statements of fact about the author or the book itself. Examples that may be actionable:
Distinct from personal defamation; applies to false statements harming business reputation:
Yelp, Google, Facebook, Trustpilot, and other platforms are generally immune under 47 U.S.C. §230 from liability for third-party reviews. You must pursue the reviewer, not the platform (though platforms may voluntarily remove reviews violating their policies).
| Red Flag | Evidence to Gather |
|---|---|
| Reviewer was never a customer | Check customer records, purchase history, appointment logs – no record of this person |
| Review describes events that never occurred | Security footage, staff records, timestamped evidence contradicting claims |
| Posted by competitor | IP address investigation, profile analysis, admission or patterns suggesting competitor |
| Multiple fake reviews at same time | Coordinated attack: multiple 1-star reviews posted within hours, similar language |
| Extortion attempt | Messages demanding payment to remove review or not post review |
| Review contains provably false facts | Documentation proving statements false (e.g., "They're unlicensed" when you have valid license) |
| Red Flag | Evidence to Gather |
|---|---|
| Reviewer never purchased or read the book | No "Verified Purchase" badge; claims about chapters, content, or page counts that don't match the actual book |
| Review describes events that never happened | "The author said X at conference Y" — provide event schedule, recordings, or proof the event didn't occur |
| Competing author or publisher | Reviewer profile shows pattern of 1-star reviews on competing titles and 5-star reviews on a rival's books |
| False claims about book content | Claims the book "tells you to do [X]" or "contains [Y]" when table of contents and text prove otherwise |
| Coordinated review attack | Multiple 1-star reviews posted within hours of each other, similar language/phrasing, accounts created around the same date |
| False plagiarism or fraud allegations | Publication dates, side-by-side comparisons, original manuscripts or drafts with timestamps disproving the claim |
Even harsh reviews are generally protected if:
| Section | Content |
|---|---|
| Identification of review | Platform (Yelp, Google), date posted, username, exact text of review |
| Why it's fake/false | Prove reviewer was never customer OR specific factual statements are provably false |
| Evidence | Customer database showing no record, transaction logs, documents disproving factual claims |
| Legal violations | Defamation, commercial disparagement, unfair competition (CA Bus & Prof §17200), platform ToS violations |
| Harm caused | Lost customers, quantified revenue loss if possible, reputational harm |
| Demand | Remove review immediately; confirm you were not customer (if applicable); agree not to post further false reviews |
| Deadline | 7–10 days; state you'll pursue platform removal AND litigation if no compliance |
Send demand letter to reviewer AND report to platform simultaneously:
Demand letters targeting book reviews require a different tone and structure than business review letters. The "genre of criticism" framing means courts and recipients expect more opinion-heavy language in book reviews.
Yelp has strict policies and rarely removes negative reviews. However, removal possible for:
Yelp removal process:
Google more likely to remove fake reviews than Yelp. Grounds for removal:
Google removal process:
Amazon is the primary platform for book reviews. Removal is possible but Amazon favors keeping reviews up.
Amazon removal process:
Goodreads (owned by Amazon) has a community-moderated review system with different norms than Amazon.
Goodreads removal process:
| Platform | Removal Policy | Process |
|---|---|---|
| Trustpilot | Verifies reviews; removes fake reviews more readily | Report via Trust & Safety form with evidence |
| Better Business Bureau | Allows businesses to dispute reviews with evidence | Log into BBB account, submit rebuttal/dispute |
| Removes reviews violating Community Standards | Flag review; escalate to Facebook support | |
| TripAdvisor | Reviews must be from actual experiences; removes fakes | Management response + fraud report if fake |
If you win defamation lawsuit against reviewer:
I represent businesses dealing with fake reviews, defamatory reviews, and competitor attacks. I also defend businesses and individuals against overreaching demands about legitimate consumer reviews.
Book a call to discuss your review dispute. I'll evaluate the review content, assess actionability and SLAPP risk, and recommend the most effective strategy for removal or defense.
Generate a professional demand letter, CA court complaint, or arbitration demand
Email: owner@terms.law