California False Online Review Demand Letter Guide

📋 Understanding False Online Reviews in California

False online reviews can devastate a business. A single defamatory Yelp or Google review can cost thousands in lost revenue. California law provides remedies against the actual reviewer (not the platform), but navigating CDA Section 230 immunity and California's anti-SLAPP statute requires careful strategy.

Common False Review Scenarios

😵 Fake Customer Reviews

Reviews from people who never used your services, often from competitors or disgruntled former employees

😒 Exaggerated Complaints

Real customers making false statements of fact that go beyond opinion or fair criticism

😈 Competitor Attacks

Competitors posting fake negative reviews or hiring fake reviewers to damage your reputation

😠 Revenge Reviews

Former employees, ex-partners, or others with personal grudges posting false statements

👍 Your Options for False Reviews

Platform removal request - Flag the review as violating platform guidelines
Demand letter to reviewer - Demand retraction and removal from the person who posted
Defamation lawsuit - Sue the reviewer for damages (platforms are immune under CDA 230)
John Doe subpoena - Discover anonymous reviewer identity through legal process
Professional response - Publicly respond to the review to tell your side

Key Legal Concepts

🛡 CDA Section 230 - Platform Immunity

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The Communications Decency Act Section 230 provides broad immunity to online platforms like Yelp, Google, and Facebook for content posted by users. You cannot sue Yelp for hosting a defamatory review - only the person who actually wrote and posted the review. This is a foundational principle of internet law that has been upheld consistently by courts.

⚖ Opinion vs. Fact - The Critical Distinction

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Only false statements of fact are actionable as defamation. Pure opinions ("I didn't like the service") are protected speech. However, statements that imply false facts can be actionable. "I think they overcharge" is opinion. "They charged me $500 for work they never did" is a statement of fact that can be proven true or false. Context matters - reviews on Yelp are expected to contain opinions, making it harder to prove statements are factual assertions.

🚫 California Anti-SLAPP Statute (CCP 425.16)

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California's anti-SLAPP (Strategic Lawsuit Against Public Participation) statute allows defendants to file a special motion to strike claims arising from protected speech on matters of public interest. Consumer reviews are generally considered protected speech. If the defendant wins the anti-SLAPP motion, YOU pay their attorney fees (often $25,000-$75,000+). You must demonstrate a probability of prevailing on your defamation claim. Consult an attorney before filing suit.

🔍 Identifying Anonymous Reviewers

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Many defamatory reviews are posted anonymously or under pseudonyms. California courts apply the Krinsky v. Doe factors to determine whether to allow subpoenas to platforms for identifying information. You must show a prima facie defamation case before the court will compel disclosure. This process adds cost and time but is often necessary to pursue claims against anonymous defamers.

⚠ Critical: Anti-SLAPP Risk

Before suing over an online review in California, you MUST carefully evaluate anti-SLAPP risk. If you file a weak case and the defendant files a successful anti-SLAPP motion, you could owe $50,000+ in their attorney fees. Only proceed with strong evidence of provably false factual statements. Many attorneys will decline borderline cases due to this risk.

⚖ Legal Basis

Understanding the intersection of California defamation law, federal CDA immunity, and anti-SLAPP protections is essential for online review cases.

Key Legal Authorities

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California Civil Code Section 44-46 - Defamation

Establishes the framework for defamation claims. Libel (CC 45) covers written defamation including online reviews. False statements that injure a business in its trade or profession are defamation per se (CC 46(3)), allowing presumed damages.

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47 U.S.C. Section 230 - Communications Decency Act

Provides immunity to interactive computer services (Yelp, Google, Facebook) for content posted by users. "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Platforms cannot be sued for hosting defamatory reviews.

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CCP 425.16 - California Anti-SLAPP Statute

Allows early dismissal of claims arising from protected speech on matters of public interest. Consumer reviews are generally protected. If defendant's anti-SLAPP motion succeeds, plaintiff must pay defendant's attorney fees. Plaintiff must show probability of prevailing to defeat the motion.

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Krinsky v. Doe (2008) - Anonymous Poster Identification

California Court of Appeal established factors for unmasking anonymous internet posters: plaintiff must make prima facie showing of defamation before court will order platform to disclose identity. Protects legitimate anonymous speech while allowing recourse against defamers.

Elements You Must Prove

False statement of fact - Not opinion, hyperbole, or rhetorical statements
Publication - Posted publicly on the review platform
Concerning your business - Review clearly refers to your specific business
Fault - At minimum negligence; actual malice if you're a public figure
Damages - Economic harm or presumed damages for per se defamation

What Makes a Review Actionable?

✅ Potentially Actionable

"They never did the work but charged my credit card $2,000" - Provably false factual assertion

✅ Potentially Actionable

"I found rat droppings in my food" - False factual statement about health violation

❌ Likely Protected Opinion

"Worst restaurant in town, overpriced garbage" - Pure opinion/hyperbole

❌ Likely Protected Opinion

"I felt ripped off and will never go back" - Subjective experience

💡 The "Totality of Circumstances" Test

California courts look at the totality of circumstances to determine if a statement is fact or opinion. Relevant factors include: the context (review platform suggests opinions); whether the statement is verifiable; the language used (hedging suggests opinion); and how the average reader would interpret it. The more specific and verifiable the claim, the more likely it's actionable.

✅ Evidence Checklist

Gather these items before sending a demand letter or pursuing legal action against a false reviewer.

📸 Document the Review

✓ Full screenshot with URL visible
✓ Date and time of posting
✓ Reviewer's username/profile information
✓ Archive on Wayback Machine (archive.org)

🔍 Proof of Falsity

✓ Records proving statements are false
✓ Customer records (if reviewer claims to be customer)
✓ Transaction records, receipts, invoices
✓ Evidence reviewer was never a customer

👥 Reviewer Identity

✓ Research reviewer's other reviews
✓ Social media investigation
✓ Connection to competitors or former employees

💰 Damages Documentation

✓ Revenue comparison before/after review
✓ Lost customers who cited review
✓ Analytics showing traffic/conversion decline
✓ Reputation repair costs

🔒 Preserve Evidence Immediately

Reviews can be deleted or modified at any time. Screenshot everything immediately. Use web archiving services like Archive.org's Wayback Machine to create independent records. Print physical copies with URLs and timestamps. Once a review is deleted, you may lose crucial evidence.

💰 Calculate Your Damages

Damages from false online reviews can be significant but must be documented carefully.

Category	Description
Lost Revenue	Decrease in sales/bookings after the false review was posted
Lost Customers	Specific customers who cited the review in declining your services
Reduced Rating Impact	Economic impact of star rating decrease on overall business
Reputation Repair	PR costs, advertising to counter negative publicity
General Damages	Presumed harm to reputation for defamation per se
Punitive Damages	For malicious, willful, or fraudulent conduct (CC 3294)

💰 Research Shows Real Impact

Studies show a one-star increase in Yelp rating leads to 5-9% increase in revenue for restaurants. Conversely, a one-star decrease can cause proportional losses. Academic research and expert testimony on rating impacts can support your damages claims.

📊 Sample Damages Calculation

Example: Restaurant with False Health Code Violation Review

Lost revenue (3 months x 15% decline x $30,000/mo) $13,500

Lost catering contract (customer cited review) $8,000

PR/marketing to counter review $5,000

General damages (presumed harm) $50,000

Punitive damages (competitor posted review) $100,000

POTENTIAL TOTAL RECOVERY $176,500

💡 Proving Causation

You must prove the false review caused your damages. Compare revenues before and after the review. Track customers who mention the review. Use analytics to show traffic and conversion changes. Control for other variables like seasonality. Expert testimony from economists or marketing professionals can strengthen causation proof.

📝 Sample Language

Copy and customize these paragraphs for your demand letter to a false reviewer.

Opening Paragraph

I am writing on behalf of [BUSINESS NAME] regarding the defamatory review you posted on [YELP/GOOGLE/PLATFORM] on [DATE]. Your review contains false statements of fact that have caused significant harm to our business reputation. We demand immediate removal of the review and compensation for damages as detailed below.

Identifying False Statements

In your review, you stated: "[EXACT QUOTE OF FALSE STATEMENT]." This statement is demonstrably false. [EXPLAIN WHY: "Our records show you were never a customer," "Health inspection records show no violations," "Your credit card was never charged," etc.]. Your false statement constitutes defamation per se under California Civil Code Section 46, as it directly injures our business in its trade and profession.

Fake Customer Claim

Our records indicate that no person matching your name or the username "[USERNAME]" has ever been a customer of [BUSINESS NAME]. We have no record of any transaction, appointment, or service provided to you. Your review is a complete fabrication, likely posted to harm our business for [COMPETITIVE REASONS/PERSONAL ANIMUS/OTHER MOTIVE]. Posting a false review of a business you never patronized is actionable defamation under California law.

Damages Paragraph

As a direct result of your false review, [BUSINESS NAME] has suffered substantial damages. Our rating on [PLATFORM] dropped from [X] stars to [Y] stars. We have experienced a [X%] decline in revenue since your review was posted. At least [NUMBER] customers have specifically cited your review as the reason for not using our services. We have incurred $[AMOUNT] in reputation management costs. We are entitled to recover these special damages, general damages for harm to our reputation, and punitive damages for your malicious conduct.

Demand for Action

We demand that within [14] days of this letter you: (1) permanently delete the defamatory review from [PLATFORM]; (2) refrain from posting any further false statements about [BUSINESS NAME]; and (3) pay compensation in the amount of $[AMOUNT] for damages already incurred. If you fail to comply, we will file a defamation lawsuit against you in California Superior Court, seeking all available damages including punitive damages, and will subpoena [PLATFORM] for any identifying information associated with your account.

🚀 Next Steps

Multi-pronged approach: platform removal, demand letter, and litigation if necessary.

Step 1: Platform Removal Request

📌 Flag the Review First

Before legal action, report the review to the platform. Yelp, Google, and other platforms have policies against fake reviews, reviews from non-customers, and reviews containing false factual statements. Document your report. Platform removal is free and can be faster than litigation. However, platforms often decline to remove reviews, especially if they appear to be from real customers.

Platform-Specific Processes

Yelp

Flag review via Business Owner tools. Can submit content removal request at yelp.com/support/contact. Rarely removes reviews without court order.

Google

Flag via Google Business Profile. Can request legal removal at google.com/legal. More responsive to clear policy violations.

Facebook

Report via recommendation/review options. Legal requests through facebook.com/help/contact. May remove for clear harassment.

After Court Order

Platforms will generally comply with court orders or settlements requiring removal.

Step 2: Send Demand Letter

Send to reviewer if identity is known
Specify the false statements and proof of falsity
Demand removal and compensation
Set deadline (14-30 days)
Many reviewers will remove when faced with potential liability

Step 3: If Reviewer Doesn't Comply

⚠ Before Filing Lawsuit - Evaluate Anti-SLAPP Risk

California's anti-SLAPP statute (CCP 425.16) applies to defamation claims based on online reviews. If your case is weak and the defendant files a successful anti-SLAPP motion, you will be ordered to pay their attorney fees. Get a consultation with an experienced internet defamation attorney who can honestly assess your probability of prevailing before you file suit.

Litigation Process

File Complaint
File defamation lawsuit in Superior Court. If reviewer is anonymous, file against "Doe" defendant.
Subpoena Platform (for anonymous reviewers)
Seek court order to compel platform to disclose identifying information. Must show prima facie case under Krinsky v. Doe.
Anti-SLAPP Motion (60 days from service)
Defendant likely to file anti-SLAPP motion. You must demonstrate probability of prevailing.
Discovery & Trial
If you survive anti-SLAPP, proceed to discovery and trial or settlement.

Need Legal Help?

Online defamation cases require careful anti-SLAPP analysis. Get a 30-minute strategy call with an internet defamation attorney.

Book Consultation - $125

California Resources

California Courts Self-Help: selfhelp.courts.ca.gov - Forms for defamation cases
Anti-SLAPP Statute: CCP 425.16 - Review before filing any lawsuit
State Bar Lawyer Referral: calbar.ca.gov - Find an internet defamation attorney
Platform Legal Request Pages: Submit court orders for content removal