Ohio Court of Appeals Holds Law Firm Can Sue Over False Reviews
Online reviews matter. While they are not a foolproof way of determining whether a business is reputable, it does help people make decisions. A bad review is frustrating for all business owners, and can be particularly upsetting for small law firms, where competition is fierce and client service is paramount.
So it was no surprise that a personal injury law firm in Houston, Texas, grew concerned when they saw an influx of sudden reviews claiming they were unresponsive to clients. Particularly because the reviews were not by any actual or potential clients. Instead, all of the Google accounts were falsely created to give the impression of widespread dissatisfaction with the firm. The reviews claimed to be from separate people from the Houston area. In response to a subpoena, Google revealed that the IP address for all of the reviews claiming poor communication were actually from two people in Ohio.
The Defamation Allegation
Intentionally derailing a small business through misleading reviews may be unethical, but is it legally actionable? The Amaro Law Firm believed it was. Prior to the incident in 2022, they had over 1,500 positive reviews. In fact, they had a perfect five-star rating. The sudden appearance of 99 negative three-star reviews in 2022 dropped their rating on Google, which they claim led to a decrease in calls and visits to their website.
The Amaro Law firm sued, alleging defamation.
District Court Throws Out Claim
A trial judge in Licking County, Ohio, dismissed the defamation claim in December, 2023. The trial judge held that reviews were opinions, and therefore not subject to a defamation claim. The firm appealed to the Ohio Fifth District Court of Appeals.
Appeals Court Overturns
The Ohio Fifth District Court of Appeals overturned the district court. According to the appeals court, the reviews could be differentiated between actionable and non-actionable. Reviews that claimed specific actions, such as ones that claimed the firm “are not readily available when needed” or "I never received a satisfactory response to my questions." were statements of fact that could be proven true or false. However, three-star reviews with no other statements were opinions that could not be litigated.
Of the 99 reviews submitted by the two Ohio defendants, 62 reviews were deemed actionable for defamation. Thirty-seven reviews were considered subjective opinions or contained no text.
What If a False, Bad Review Comes Your Way?
It is tempting for any law firm to litigate a bad review, both literally and by arguing their side in the comments. Generally, it is a good idea to avoid being too defensive or combative when responding to negative reviews. Often, simply showing that you care about client experience can mitigate a lot of the damage of a bad review. Inviting the bad reviewer to contact you for a follow-up to share their experience with you may resolve the problem, for example.
Filing a defamation claim may be appealing, particularly in circumstances where one or two people are seeking to harm your business. As the recent case out of Ohio shows, a defamation claim may be possible if there are false statements of fact. However, this option is usually the last resort.
For alternative approached to bad reviews, check out the related resources below.
Related Resources
- Online Reviews and the Mean, Mean Internet (FindLaw's Don't Judge Me)
- How to Respond to a Negative Online Review (FindLaw's Law and Daily Life)
- Your Law Firm Is a Brand. What Do You Want That Brand to Be? (FindLaw's Legal Marketing)
