📋 Overview

You posted a negative review on Yelp, Google, Facebook, or another platform, and now the business is threatening you with a lawsuit unless you remove it. This is unfortunately common - but you have powerful legal protections, and most of these threats are empty bluffs.

🛡 Consumer Reviews Are Protected

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

🕒 Anti-SLAPP Works for Reviews

Consumer reviews are classic Anti-SLAPP protected activity. If they sue, you can likely get the case dismissed and recover your fees.

💰 Threats Rarely Lead to Suits

Most businesses know they'll lose, especially in California. The threat letter is designed to scare you into removing the review.

Why Reviews Are Specially Protected

Consumer reviews serve a vital public function - they help other consumers make informed decisions. Both federal and California law recognize this:

  • Consumer Review Fairness Act (15 USC 45b) - Federal law prohibiting businesses from restricting honest reviews
  • California Anti-SLAPP (CCP 425.16) - Reviews about businesses are "public interest" speech
  • First Amendment - Honest opinions are constitutionally protected
  • Section 230 (CDA) - Platform immunity means they can't sue Google/Yelp
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Attorney Response Letter

Anti-SLAPP analysis and firm response protecting your right to review.

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🛡 Your Rights

You have multiple layers of legal protection for honest consumer reviews.

Consumer Review Fairness Act (CRFA)

This 2016 federal law prohibits businesses from using contracts, NDAs, or threats to prevent honest reviews. It also bans suing customers for negative reviews. The FTC can fine violators up to $50,000 per violation.

Your protection: Any contract clause restricting reviews is void and unenforceable.

California Anti-SLAPP Statute

Consumer reviews about businesses are protected activity under CCP 425.16. If sued, you can file an Anti-SLAPP motion within 60 days to dismiss the case and recover all your attorney fees.

Your protection: If they sue, you likely win AND get your fees paid.

Truth & Opinion Defenses

Truth is an absolute defense to defamation. Opinions that cannot be proven true or false are also protected. "The food was terrible" and "worst service ever" are opinions, not defamatory facts.

Your protection: Honest reviews of your experience are protected speech.

California Civil Code 1670.8

California law specifically prohibits businesses from including clauses in contracts that waive the right to make statements about the business. Such clauses are void.

Your protection: That "non-disparagement" clause you signed? Likely unenforceable.

💰 Anti-SLAPP Fee Awards in Review Cases

California courts routinely award $15,000-$50,000+ in attorney fees to reviewers who successfully defend against SLAPP suits. Businesses know this, which is why most threats are bluffs.

🔍 Evaluate Your Review

While most reviews are protected, some statements could be problematic. Honestly assess your review.

Review Risk Assessment

Statement Type Protection Level Risk
"The food was terrible" / "Worst experience" Protected opinion - cannot be defamatory LOW
"Service was slow, took 45 minutes" Protected if true - factual but verifiable LOW
"I think they're overpriced" Protected opinion with clear opinion signal LOW
"They overcharged me $50" Depends - is this true and provable? MEDIUM
"The owner is a criminal" Risky unless literally true (conviction) HIGH

⚠ Potentially Problematic Statements

  • Specific factual claims you can't prove (exact dollar amounts, specific dates)
  • Accusations of crimes without evidence
  • Statements about someone personally vs. their business
  • Reviews of a business you never actually used

⚖ Response Options

Choose your response based on the strength of your position and how much effort you want to invest.

Stand Your Ground

If your review is honest, respond firmly that you will not remove it and that any lawsuit will face Anti-SLAPP dismissal.

  • Cite CRFA and Anti-SLAPP
  • Mention fee-shifting
  • Most effective approach

Ignore the Threat

Many threats are automated or sent by reputation management companies. No response may result in nothing further.

  • Zero effort required
  • They may follow up
  • May embolden them

Edit for Accuracy

If your review has factual errors, correct them without removing the core criticism. Update "they stole $100" to "I was charged more than expected."

  • Reduces risk
  • Maintains criticism
  • Shows good faith

Report the Business

If they're threatening you illegally, report to the FTC (CRFA violation) and California Attorney General.

  • Puts them on defensive
  • Public record
  • Potential fines for them

🚨 What NOT To Do

  • Don't panic-delete - Removal can be seen as admission of falsity
  • Don't apologize - Could be used against you
  • Don't engage in further public argument - Keep it professional
  • Don't sign anything - No releases, retractions, or NDAs without legal review

📝 Sample Responses

Customize these templates for your situation.

Firm Defense Response
Re: Your Demand to Remove My Review I received your letter demanding removal of my review of [BUSINESS NAME]. I decline to remove it. My review reflects my honest experience as a customer and is protected by: 1. The Consumer Review Fairness Act (15 USC 45b), which makes it illegal to threaten consumers for honest reviews 2. California's Anti-SLAPP statute (CCP 425.16), which protects consumer reviews as public interest speech 3. The First Amendment right to express opinions Any lawsuit you file will be subject to an Anti-SLAPP motion. Under California law, if I prevail (which is likely given the above), you will be required to pay my attorney fees. I suggest you focus on improving your customer service rather than threatening customers who share their experiences.
Attorney Response Letter
Re: Demand Letter to [CLIENT NAME] We represent [CLIENT] regarding your demand that they remove their consumer review. Your demand lacks legal merit and may itself violate federal law: The Consumer Review Fairness Act (15 USC 45b) prohibits businesses from using threats to prevent or penalize honest consumer reviews. Your demand letter appears to violate this statute and may be reported to the FTC. Furthermore, any defamation lawsuit you file would be subject to California's Anti-SLAPP statute. Consumer reviews are textbook protected activity. Your client would face: - Immediate dismissal of the complaint - Mandatory payment of our client's attorney fees (typically $20,000-$50,000) - Potential sanctions for filing a frivolous lawsuit Our client's review is truthful and reflects their genuine customer experience. We recommend you advise your client to improve their business practices rather than threaten paying customers. Should you proceed with litigation, we are prepared to file an Anti-SLAPP motion and will seek maximum fee recovery.
FTC Complaint (If They Persist)
Submit to: reportfraud.ftc.gov CRFA Violation Report Business Name: [BUSINESS] Business Address: [ADDRESS] Description of Violation: On [DATE], I posted an honest review of my experience with this business on [PLATFORM]. On [DATE], I received a demand letter from the business (or their attorney) threatening legal action unless I removed my review. This demand violates the Consumer Review Fairness Act (15 USC 45b), which prohibits businesses from using threats or contract terms to prevent or penalize honest consumer reviews. I have attached: (1) my original review, (2) the threatening demand letter, (3) any response I sent. This business is attempting to silence consumer speech through illegal threats and should be investigated.

🚀 Next Steps

What to do when a business threatens you over a review.

Step 1: Screenshot Everything

Save your review, their demand, and any communications. This is your evidence.

Step 2: Don't Delete

Removing the review can be seen as admitting it was false. Keep it up while you evaluate.

Step 3: Assess Your Review

Is it honest? Based on real experience? Opinions clearly stated? If yes, you're protected.

Step 4: Respond or Wait

Either send a firm response or simply wait. Most threats go nowhere.

If They Actually File Suit

  • Don't panic - This is actually good for you in California
  • File Anti-SLAPP within 60 days - Automatic stay of discovery
  • Case likely dismissed - Consumer reviews almost always win
  • Recover your fees - They pay your attorney costs

Protect Your Right to Review

Don't let a business bully you into silence. Get professional analysis of your rights.

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Resources

  • Consumer Review Fairness Act: 15 USC 45b
  • FTC Complaints: reportfraud.ftc.gov
  • California Anti-SLAPP: CCP 425.16
  • California AG Consumer Complaint: oag.ca.gov/consumers