Disgruntled Customers Leaving Negative Online Reviews?
We are often approached by business owners who have been on the wrong end of negative or false reviews online. Often, our clients tell us that someone has said some disparaging, untrue things on their Google, Yelp, Instagram, Facebook etc. profiles and that those reviews are hurting their business. They want to know if there is something that can be done about the reviews. The short answer is yes.
Generally, in cases like this, we consider pursuing a claim in defamation (libel/slander) against the publisher of the reviews. In most cases, to succeed, one simply has to prove that the words are defamatory (they lower your reputation), that the words refer to you, and that the words were communicated to at least one other person. Once you can show that, it is up to the defendant to try to prove that the words they spoke or wrote were defensible in the circumstances. If the defendant cannot prove this, they will be liable to pay damages or compensation to the victim of their words.
What does this look like in reality?
Frankly, not every instance of a defamatory publication is worth litigating as there are costs associated with starting or defending a law suit, which must be weighed against the potential outcomes at trial. Also, in some cases the issue can be resolved without the need to start a lawsuit. However, in some cases it makes sense to commence an action.
To illustrate, consider the recent case of Premier Finance Ltd. v Ginther, 2022 BCSC 1461. In this case, the plaintiff company (and its directors) operated a cedar supply business. The defendant, who was a former customer, wrote two negative reviews of the company on Google and Yelp. If a person were to search the company’s name using a search engine like Google, they would see the negative reviews. In one review, the disgruntled customer accused the company of overcharging him, and called them fraudulent, cheating and deceitful, among other things. In the other review, he accused them of being rude, cheating him, adding fake orders and making fake invoices, among other things (read paragraphs 7 & 8 for the full reviews, link below). At trial, the disgruntled customer maintained that what he said was true and did not argue any other defences.
The court ultimately found that the evidence did not prove that the plaintiffs defrauded, scammed or deceived him by charging for products they knew he did not order, as he asserted in his reviews. The court further found that the portion of his reviews which alleged late delivery, overcharging to the credit card, unsubstantiated credit card charges, scamming, and the creation of fake orders and invoices were all untrue. The court found him to be liable to the plaintiffs in defamation. As a consequence, he was ordered to pay $90,000 to the plaintiffs
If you or your business has been subjected to this kind of activity online, please do not hesitate to contact us to discuss your options.