Business Review & Reputation Attack Demand Letters

Fake Reviews, Defamatory Reviews & Commercial Disparagement

Legal Framework for Review-Based Defamation
📋 Consumer Reviews = Protected Speech (Usually): Most negative reviews are protected opinion about consumer experiences. However, fake reviews and reviews containing verifiable false statements of fact can be actionable defamation or unfair competition.
When Reviews Are Protected
  • Honest opinion: "Worst service I've ever had," "Terrible experience," "Not worth the money"
  • Truthful factual statements: "Waited 2 hours for appointment," "Food was cold," "They didn't return my calls"
  • Mixed opinion/fact: "I felt scammed" after actual negative experience
  • Hyperbolic expressions: "This place is a nightmare" (rhetorical, not literal)
When Reviews May Be Actionable
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
⚠️ SLAPP Risk for Review Litigation: California anti-SLAPP law (CCP §425.16) strongly protects consumer speech on issues of public concern. Suing over reviews can trigger anti-SLAPP motions with mandatory fee-shifting. Carefully assess before litigation.
Commercial Disparagement (Trade Libel)

Distinct from personal defamation; applies to false statements harming business reputation:

  • Elements: (1) False statement about business/products, (2) Published to third party, (3) With malice, (4) Causing special damages (actual lost sales/customers)
  • Higher burden: Must prove pecuniary loss with specificity (not just reputational harm)
  • Common scenarios: Competitor-posted fake reviews, false claims about safety/quality, accusations of illegal business practices
Section 230 Immunity (Platforms)

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).

Fake Reviews vs. Negative Reviews
Identifying Fake Reviews
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)
Legitimate Negative Reviews (Protected)

Even harsh reviews are generally protected if:

  • Reviewer was actual customer with genuine transaction
  • Review expresses subjective opinions about quality, service, value
  • Factual claims in review are substantially true
  • No evidence of malice or fabrication
💡 Consumer Review Fairness Act (CRFA): Federal law (15 U.S.C. §45b) prohibits non-disparagement clauses in standard-form consumer contracts. Even if customer signed such clause, it's likely unenforceable.
Evidence Collection for Fake Review Claims
  • Customer database search: Prove reviewer's name/email not in records
  • Transaction records: Credit card, appointment bookings, service logs showing no interaction
  • Geolocation: If reviewer claims to have visited location on specific date, show you were closed or had no customer matching description
  • Reviewer profile analysis: Pattern of reviewing only competitors favorably or pattern of fake reviewing
  • Platform data requests: Request IP address, account creation date, review history from platform (usually requires subpoena)
  • Competitor connection: Evidence linking reviewer to competitor (employee, family member, IP address at competitor location)
What NOT to Do
  • Don't post fake positive reviews: Violates FTC rules, platform ToS, and can backfire legally
  • Don't harass or threaten reviewers: Even if review is fake, threats create criminal liability and worsen situation
  • Don't sue over clearly protected negative opinions: SLAPP risk is very high
  • Don't ignore CRFA: Non-disparagement clauses in consumer contracts are void
Drafting Review-Related Demand Letters
Pre-Demand Assessment
🚨 SLAPP Risk Evaluation Required: Before sending demand letter about any review, assess anti-SLAPP risk. Consumer reviews about business quality/service are protected under CCP §425.16. Only proceed if you have strong evidence of fake review or provably false factual statements.
  • Is reviewer a real customer? If yes, litigation risk is high regardless of review content
  • Are statements fact or opinion? Opinion is protected; only false facts are actionable
  • Can you prove falsity? Need concrete evidence, not just "I disagree"
  • Can you prove damages? Lost customers, quantifiable harm (especially for commercial disparagement)
  • Is juice worth squeeze? Cost of litigation vs. harm from one review
Letter Tone & Strategy
  • Professional, measured: Avoid emotional or threatening language
  • Focus on verifiable falsehoods: Don't argue about subjective opinions
  • Provide evidence of falsity: Attach records proving reviewer was never customer or facts are wrong
  • Offer resolution: Removal of review + no further action vs. litigation
  • Reference platform policies: Explain how review violates Yelp/Google policies (if applicable)
Letter Structure
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
Parallel Platform Reporting

Send demand letter to reviewer AND report to platform simultaneously:

  • Yelp: Flag review for "Conflict of Interest" (if competitor) or "Not Based on Personal Experience" (if fake)
  • Google: Flag as "Off-topic" or "Fake"
  • Trustpilot: Report via their IP infringement / fake review form
  • Better Business Bureau: Dispute review with evidence
When to Skip Demand Letter
  • Review is clearly protected opinion from actual customer
  • SLAPP risk outweighs potential benefit
  • Better to respond publicly with factual correction than engage legally
  • Streisand Effect risk (drawing more attention to negative review)
Sample Demand Letters
Sample 1: Fake Review (Never a Customer)
[Your Business Name] [Address] [Email / Phone] [Date] [Reviewer Name or Username] [Address if known, or: "Via Yelp messaging"] Re: False and Defamatory Review Posted on [Platform] – Demand for Removal Dear [Reviewer Name / Username: "YelpUser123"]: On [Date], you posted a review of our business on [Yelp / Google Reviews] stating: "[EXACT QUOTE OF REVIEW]" This review is FALSE and defamatory. Specifically: YOU WERE NEVER A CUSTOMER: We have conducted a thorough review of our customer records, including: • All customer transactions from [date range covering review claim]; • Appointment scheduling system records; • Credit card and payment processing records; • Customer database searches for your name, email, and phone number. We have NO RECORD of you ever being a customer of our business. You did not purchase any product or service from us, and the events you describe in your review NEVER OCCURRED. [Attach: Declaration from records manager confirming no customer record exists for reviewer] FALSE FACTUAL CLAIMS: Your review contains specific false factual assertions, including: • [Example: "They charged my card twice and refused to refund" – FALSE, you were never a customer and no charge exists] • [Example: "The owner was rude and yelled at me" – FALSE, you never interacted with our staff] LEGAL VIOLATIONS: Your conduct constitutes: 1. Defamation (Libel): False publication harming our business reputation, actionable under California Civil Code §§44-45; 2. Commercial Disparagement: False statements about our business causing pecuniary harm; 3. Unfair Competition (California Business & Professions Code §17200): Fraudulent business practice posting fake review; 4. Platform Terms of Service Violations: [Yelp/Google] prohibits reviews by non-customers. DAMAGES: Your false review has: • Harmed our online reputation (reducing our average rating from [X] to [Y]); • Caused prospective customers to choose competitors; • Resulted in approximately $[Amount] in lost business; • Required us to spend time and resources addressing this false review. DEMAND: Immediately: 1. Remove the false review from [Platform] within 48 hours; 2. Confirm in writing that you were never a customer of our business; 3. Agree not to post further false or defamatory statements about our business. If you fail to comply by [Deadline], we will: • Report this review to [Platform] as fake with full evidence; • File a lawsuit for defamation, commercial disparagement, and unfair competition seeking damages and injunctive relief; • Pursue discovery to uncover your identity (if anonymous) and any connection to competitors; • Seek attorney's fees and costs. If you mistakenly posted this review (perhaps confusing us with another business), please contact us immediately to resolve this misunderstanding. Sincerely, [Your Name / Title] [Business Name] Enclosures: - Screenshot of review - Declaration of no customer record - Evidence of business harm
Sample 2: Review with Provably False Facts (Actual Customer)
[Business Name] [Address] [Email / Phone] [Date] [Customer Name] [Address] Re: Defamatory False Statements in Your Review – Request for Correction Dear [Customer Name]: We are writing regarding your review of our business posted on [Platform] on [Date]. While we respect your right to express your opinion about your experience, your review contains specific factual statements that are provably false and damaging to our reputation. PROTECTED VS. ACTIONABLE STATEMENTS: Your subjective opinions ("poor service," "not worth the price") are your right to express. However, the following factual assertions in your review are FALSE: 1. FALSE: "[Quote - e.g., 'They are not licensed and operating illegally']" TRUTH: We hold [Business License No. XXX], [Professional License No. YYY], and operate in full compliance with all regulations. [Attach copies of licenses] 2. FALSE: "[Quote - e.g., 'They charged my card $500 more than agreed']" TRUTH: You authorized payment of $[Amount] on [Date]. [Attach signed agreement, receipt showing amount]. No unauthorized charges occurred. 3. FALSE: "[Quote - e.g., 'They damaged my property and refused to fix it']" TRUTH: [Explain actual facts with evidence – e.g., no damage claim was made, or damage was pre-existing, with photos/timeline proof] These false statements constitute defamation per se under California law as they falsely accuse us of illegal conduct and professional incompetence. REQUEST FOR CORRECTION: We understand you may have been dissatisfied with some aspect of our service, and we regret that. However, we request that you: 1. Remove or edit your review to remove the false factual statements identified above; 2. Retain your subjective opinions about quality/value, which are your right to express; 3. Update the review to reflect the factual record. If you believe your factual statements are accurate, please provide documentation supporting them. Otherwise, we request correction within 10 days. We prefer to resolve this amicably. However, if the false factual statements remain after [Deadline], we will need to pursue legal remedies for defamation. Please contact us at [Email/Phone] to discuss. Sincerely, [Name/Title]
Sample 3: Competitor-Posted Fake Review
[Business Name] [Address] [Email / Phone] [Date] [Competitor Business Name] [Address] CEASE AND DESIST – Posting False Reviews Dear [Competitor]: We have evidence that your business and/or employees have posted false reviews of our business on [Yelp/Google] in violation of platform policies, consumer protection laws, and fair competition standards. EVIDENCE OF YOUR FALSE REVIEW CAMPAIGN: On [dates], the following reviews were posted about our business: • [Username 1]: "[Review text]" – Posted from IP address [XXX.XXX.XXX.XXX] • [Username 2]: "[Review text]" – Posted from IP address [XXX.XXX.XXX.XXX] [If known: Our investigation reveals these IP addresses are registered to your business location at [Address].] [If known: Username 1 is your employee [Name].] None of these reviewers were actual customers of our business. These reviews contain fabricated negative experiences designed to harm our reputation and steer customers to your business. LEGAL VIOLATIONS: Your conduct constitutes: 1. Commercial Disparagement and Unfair Competition (California Business & Professions Code §17200); 2. Tortious Interference with Prospective Economic Relations; 3. Defamation; 4. Violations of FTC guidelines and platform Terms of Service. DEMAND: Immediately: 1. Remove all false reviews you or your employees posted; 2. Cease posting any further false or misleading reviews; 3. Instruct all employees and agents to cease this conduct; 4. Compensate us $[Amount] for harm caused. This matter will be reported to: • [Yelp/Google] as fraudulent review manipulation; • The Federal Trade Commission; • The California Attorney General's office (unfair competition); • Local business organizations and Better Business Bureau. If you do not comply within 7 days, we will file a lawsuit seeking injunctive relief, damages, and attorney's fees. Sincerely, [Name/Title]
Platform Removal Strategies
Yelp Review Removal

Yelp has strict policies and rarely removes negative reviews. However, removal possible for:

  • Conflict of interest: Review by competitor, current/former employee, business owner's ex-partner
  • Not based on personal experience: Reviewer was never customer
  • Promotional content: Review is actually promoting another business
  • Privacy violations: Review discloses private information
  • Threatening/harassing language

Yelp removal process:

  • Flag review using "Report Review" link
  • Select most applicable reason (conflict of interest, not based on experience)
  • Provide evidence if available
  • Yelp's algorithm and trust & safety team reviews; can take weeks
  • Appeal if denied (success rate low unless you have strong evidence)
💡 Yelp Public Response: Even if removal fails, post professional public response correcting false facts and inviting reviewer to contact you privately. Future customers see both review and your response.
Google Reviews Removal

Google more likely to remove fake reviews than Yelp. Grounds for removal:

  • Spam / fake content: Review is fabricated or posted by bots
  • Off-topic: Review is about different business or not relevant experience
  • Conflict of interest: Competitor or employee review
  • Profanity / harassment
  • Illegal content / hate speech

Google removal process:

  • Flag review in Google My Business dashboard
  • Google typically responds within days to weeks
  • If denied, escalate through Google My Business support
  • Consider posting factual response if removal fails
Other Platforms
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
Facebook 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
Court Orders

If you win defamation lawsuit against reviewer:

  • Obtain injunction ordering reviewer to remove review
  • Serve order on platform with court seal
  • Most platforms will comply with court orders (though not legally required under §230)
Reputation Management (Non-Legal)
  • Encourage positive reviews: Ask satisfied customers to review (don't incentivize or pay)
  • Respond professionally: Calm, factual responses to negative reviews show reasonableness
  • Improve service: Address legitimate complaints in reviews by fixing underlying issues
  • Monitor regularly: Set up alerts for new reviews so you can respond quickly
Attorney Services for Review Disputes
Fake Review Harming Your Business?

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.

For Businesses Harmed by Reviews
  • Evaluate whether reviews are actionable (fake vs. protected opinion)
  • Assess anti-SLAPP risk before pursuing litigation
  • Draft cease-and-desist letters to reviewers
  • Pursue platform removal through formal processes
  • File defamation and commercial disparagement lawsuits when appropriate
  • Obtain court orders for review removal
  • Pursue competitor-posted fake review campaigns (unfair competition claims)
  • Handle extortion cases (demands for payment to remove reviews)
For Reviewers Threatened with Lawsuits
  • Evaluate whether review is protected speech (truth, opinion)
  • Respond to cease-and-desist letters strategically
  • Assert First Amendment and anti-SLAPP protections (CCP §425.16)
  • Defend defamation lawsuits and win fee awards for meritless claims
  • Protect anonymous speech rights
Why Legal Counsel Matters
High SLAPP Risk + Protected Speech: Consumer reviews are strongly protected under First Amendment and California anti-SLAPP law. Businesses that sue over legitimate negative reviews face dismissal and mandatory fee awards ($50k–$200k+). Attorney analysis prevents costly mistakes and identifies truly actionable fake reviews worth pursuing.
Common Review Disputes
  • Fake Yelp, Google, and Trustpilot reviews
  • Competitor-posted negative review campaigns
  • Reviews containing provably false accusations (theft, fraud, illegal conduct)
  • Extortion demands (pay to remove or not post review)
  • Coordinated review attacks after business disputes
  • Former employee revenge reviews
Schedule a Call

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.

Contact Information

Email: owner@terms.law

Frequently Asked Questions
Generally no. Section 230 of the Communications Decency Act immunizes platforms from liability for third-party content, including reviews. Courts have consistently held that platforms have no duty to remove even fake or defamatory reviews. You must sue the reviewer, not the platform. Platforms may voluntarily remove content under their policies, but they're not legally required to do so.
No, not for consumer transactions. The Consumer Review Fairness Act (15 U.S.C. §45b) makes non-disparagement clauses in standard-form consumer contracts void and unenforceable. Businesses cannot prohibit customers from posting negative reviews. Exception: B2B contracts between businesses (not consumers) can still include enforceable non-disparagement clauses.
This is your strongest case for removal and potential litigation. Fake reviews (posted by non-customers) violate platform policies and can constitute defamation and unfair competition. Gather evidence: customer database searches showing no record, transaction logs, proof reviewer couldn't have had the experience they describe. Send cease-and-desist to reviewer with evidence, report to platform with proof, and if necessary, sue for defamation and commercial disparagement with lower SLAPP risk since reviewer has no legitimate basis for protected speech.
Yes, usually (professionally). Public responses show potential customers you care and are reasonable. For legitimate negative reviews, apologize for experience and offer to resolve privately. For fake reviews, politely state facts: "We have no record of this customer in our system" or "This description doesn't match any transaction we've had." Avoid emotional responses, name-calling, or revealing private customer information. Professional responses can mitigate damage even if review stays up.