📋 Overview

A business has sent you a threatening letter demanding you remove an online review. Before you panic or take down your review, know this: California provides some of the strongest protections in the nation for consumer reviewers. Many of these threats are "SLAPP suits" - Strategic Lawsuits Against Public Participation - and California law not only dismisses them but makes the business pay your legal fees.

Reviews Are Protected Speech

Honest consumer reviews about businesses are protected under the First Amendment and California's anti-SLAPP statute.

Federal Law Backs You

The Consumer Review Fairness Act (CRFA) makes it illegal for businesses to penalize you for honest reviews.

They Risk Paying YOUR Fees

If they sue and you win an anti-SLAPP motion, California law requires them to pay all your attorney fees.

Common Business Threats

  • Defamation claims - "Your review is false and defamatory"
  • Breach of contract - "You signed an agreement not to post negative reviews"
  • Tortious interference - "You're hurting our business relationships"
  • Unjust enrichment - Creative claims to intimidate
  • Demands for damages - Often inflated numbers to scare you
$450
Attorney Defense Letter

Professional response citing your rights, anti-SLAPP consequences, and CRFA protections. Puts businesses on notice.

Schedule Review

🔍 Evaluate the Threat

Most legal threats over reviews are bluffs. Here's how to assess yours.

Threat Assessment Matrix

Your Review Content Protection Level Your Risk
True description of your experience Absolute defense (truth) LOW
Opinion about quality of service Protected opinion LOW
Fair criticism based on experience Fair comment + anti-SLAPP LOW
Specific allegation without proof Depends on evidence MEDIUM
Fabricated statements about business Limited protection HIGH

📄 Review Your Review

  • ✓ Is your review truthful and accurate?
  • ✓ Did you actually use this business?
  • ✓ Can you prove the experience described?
  • ✓ Is it opinion or statement of fact?

📝 Analyze the Threat

  • ✓ Is it from an actual attorney?
  • ✓ Does it cite specific false statements?
  • ✓ Does it mention anti-SLAPP risks?
  • ✓ What damages do they actually claim?

Good News: Most Threats Go Nowhere

The vast majority of legal threats over reviews are never followed by actual lawsuits. Businesses know that suing reviewers often backfires - it generates negative publicity (the "Streisand Effect") and risks anti-SLAPP fee awards. Many threats come from non-lawyers or template letters with no real intention to sue.

🛡 Your Legal Rights

California and federal law provide powerful protections for consumer reviewers.

Consumer Review Fairness Act (CRFA)

This federal law makes it illegal for businesses to use contract terms that prohibit or penalize honest reviews. "Non-disparagement clauses" in consumer contracts are void and unenforceable. The FTC can fine violators up to $50,000 per violation.

Your protection: Any contract clause prohibiting reviews is void. You cannot be bound by it.

California Anti-SLAPP Statute (CCP 425.16)

Consumer reviews are "speech in connection with an issue of public interest" protected under anti-SLAPP. If sued, you can file an anti-SLAPP motion within 60 days. Discovery is stayed. If you win, the case is dismissed and the business must pay ALL your attorney fees.

Your protection: Early dismissal of frivolous lawsuits, plus mandatory fee recovery.

Truth Defense

If your review accurately describes your experience, you have an absolute defense to defamation. The statement only needs to be "substantially true" - minor details don't matter if the gist is accurate.

Your protection: Honest reviews about real experiences cannot be defamatory.

Opinion Protection

Reviews that express opinions rather than verifiable facts are constitutionally protected. Statements like "terrible service," "rude staff," or "overpriced" are pure opinion and cannot form the basis of defamation.

Your protection: Your evaluation of quality is protected speech.

CDA Section 230 (for the platforms)

Review platforms like Yelp and Google are immune from liability for user content under Section 230. This means businesses cannot force platforms to remove reviews through legal threats - they'd have to sue you directly.

Your protection: Platforms will generally keep reviews up unless court-ordered to remove.

The Yelp Factor

Major review platforms like Yelp actively fight legal threats against reviewers. Yelp's legal team has filed anti-SLAPP motions on behalf of users and publicizes businesses that sue reviewers through their "Consumer Alerts." Filing suit often creates worse publicity than the original review.

⚖ Response Options

Choose your response based on the legitimacy of the threat and accuracy of your review.

Stand Your Ground

If your review is truthful and you're willing to defend it, send a firm response citing your legal rights. Most threats evaporate when they realize you know the law.

  • Cite anti-SLAPP and CRFA
  • Warn of fee-shifting consequences
  • Preserves your voice

Ignore the Threat

Many reviewers simply ignore demand letters. Most are never followed by lawsuits. If they do sue, you can still assert all defenses including anti-SLAPP.

  • Zero cost
  • No engagement with bully
  • They may sue anyway (rare)

Edit Minor Inaccuracies

If your review contained a minor error (wrong date, wrong name), consider correcting just that detail without removing the review. Document the original version first.

  • Shows good faith
  • Maintains core message
  • Not admission of defamation

Remove Review

If you cannot prove your statements or made errors, removal may be prudent. But get a full release in exchange - don't remove for nothing.

  • Ends the dispute
  • Get release of claims
  • Loses your voice

Why Businesses Usually Don't Sue

The economics work against them

Their legal fees to sue $10,000 - $50,000+
Risk of anti-SLAPP fee award to you $15,000 - $75,000+
Negative publicity ("Streisand Effect") Priceless damage
Yelp "Consumer Alert" warning More negative reviews
LIKELY OUTCOME They Back Down

📝 Sample Responses

Customize these templates. For high-stakes situations, have an attorney send the response on letterhead.

Firm Defense Response
I have received your letter dated [DATE] demanding that I remove my review of [BUSINESS NAME]. My review is a truthful account of my experience as a customer. I stand behind every word. Consumer reviews are protected speech under both the First Amendment and California's anti-SLAPP statute (Code of Civil Procedure section 425.16). Additionally, the Consumer Review Fairness Act (15 U.S.C. 45b) makes it unlawful for businesses to threaten or penalize consumers for posting honest reviews. If you file a lawsuit over my protected speech, I will immediately file an anti-SLAPP motion. Under CCP 425.16(c), a prevailing defendant is entitled to mandatory attorney fee recovery. Recent anti-SLAPP fee awards in defamation cases have ranged from $25,000 to over $100,000. I encourage your client to accept honest feedback rather than threaten customers who share their genuine experiences.
Response Citing CRFA Violation
Your demand letter references a clause in [BUSINESS NAME]'s customer agreement that allegedly prohibits negative reviews. I want to inform you that such clauses are void and unenforceable under federal law. The Consumer Review Fairness Act of 2016 (15 U.S.C. 45b) prohibits businesses from using form contracts to restrict customers' ability to review their products or services. Any such provision is "void from the inception of such contract." Further, attempting to enforce such a clause may expose your client to FTC enforcement action with penalties of up to $50,000 per violation. My review reflects my honest experience and is protected speech. I decline your demand. Continued threats may constitute harassment and could form the basis for my own legal action.
Brief No-Nonsense Response
RE: Your demand letter dated [DATE] My review is truthful and protected by the First Amendment, California's anti-SLAPP law, and the federal Consumer Review Fairness Act. I will not remove or modify my review. If your client files suit, I will file an anti-SLAPP motion and seek full recovery of my attorney fees under CCP 425.16(c). I suggest you advise your client of these risks before proceeding. This will be my only response to this matter.

🚀 Next Steps

Protect yourself while asserting your rights.

Step 1: Save Everything

Screenshot your review, save the demand letter, preserve any evidence of your experience (receipts, photos, communications).

Step 2: Verify Your Review

Re-read your review critically. Ensure you can back up factual claims. Note which statements are opinion vs. fact.

Step 3: Research the Business

Search for other complaints or legal threats from this business. Pattern of threatening reviewers strengthens your position.

Step 4: Respond (or Don't)

Using the templates above, send your response - or choose to ignore the threat entirely. Monitor for an actual lawsuit.

If They Actually Sue You

  • Don't panic - You have strong defenses
  • Note the deadline - Anti-SLAPP motion must be filed within 60 days of service
  • Contact an attorney immediately - Many will take review defense on contingency because of fee recovery
  • Contact the platform - Yelp and others sometimes provide legal assistance
  • Consider reaching out to journalists - Businesses suing customers often get negative press coverage

Report CRFA Violations

If a business has a non-disparagement clause in its contracts or threatens you for posting a review, you can report them to the FTC at ftc.gov/complaint. The FTC has fined businesses for CRFA violations and investigates complaints.

Get Professional Help

An attorney response often stops these threats cold. Get a professional letter citing your rights and warning of consequences.

Schedule Consultation - $450

Legal Resources

  • Consumer Review Fairness Act: 15 U.S.C. 45b
  • California Anti-SLAPP: CCP 425.16
  • First Amendment / Cal. Const. Art. I, Sec. 2: Free speech protection
  • Public Participation Project: anti-slapp.org - National anti-SLAPP resource
  • EFF: eff.org - Digital rights organization that tracks review cases