Your business just received a dreaded one-star Google review. What is more, the person who posted the review left no comments, just the one star. As everyone knows, Google reviews (and other online reviews) are critically important. Potential customers and clients read them closely. So is there anything you can do? Is the one star review defamatory?
We will take a closer look at these issues!
Defamation is generally defined as a false statement of fact causing harm. It would seem a one-star Google review just might fit this definition. Indeed, a Google review is a published statement visible by the public. Plus, a one-star review does cause harm. Is this enough?
At least one court has decided this issue. In Gursten v. Doe, the Michigan Court of Appeals considered whether a wordless, one-star review was defamatory. More specifically, the plaintiff alleged that a supposed competitor left a wordless, one-star Google review which constituted defamation. The Court ultimately concluded, however, the review was not defamatory because, among other reasons, the one-star review was an expression of opinion which did not contain any accompany words detailing the alleged review and the plaintiff did not prove the review was left by his competitor.
While the Michigan Court of Appeals’ opinion is certainly sound, it is very possible other courts could disagree with its holding. Based on our research, we do not believe a Florida court has dealt with this issue. What is more, we believe there could be circumstances where a court could find a wordless, one-star Google to be defamatory. If, for example, there was additional evidence that a direct competitor left a wordless, one-star review to harm your business and had no contacts with your business, then you might have a valid defamation claim.
So what can you do if you receive a wordless, one-star Google review? Here are some actionable steps.
First, contact Google to see if the review can be removed. If, for example, you can show the reviewer had no contact or connection to your business, the review could be removed by Google. Second, consider sending a cease-and-desist letter to the reviewer. If you can show that the reviewer is a competitor with no ties to your business or the reviewer left the bad review to somehow gain leverage on you (e.g., receive a discount), then the reviewer may agree to remove the review. Third and finally, consider engaging legal counsel. Often times, a lawyer familiar with defamation law may see other ways to help with the review. For additional resources, check out our recent post here.
At Barthelette Law, we have extensive experience with defamatory online reviews. If you own a business that received a defamatory review or one-star review, do not hesitate to contact us today!