A negative review written by a customer – is this grounds for a lawsuit against him?

What's the problem with writing a negative review?

A negative review written by a customer can lead to very serious damage to a business. This sends a signal to other potential customers that there is some problem with the business, the service or product it provides, and they should reconsider doing business with that business. Naturally, not every negative review or consumer review written by a customer necessarily reflects reality, and in these cases the question arises whether it is possible to file a lawsuit against the customer and what compensation the business owner can receive in a defamation lawsuit?

A false negative review can cost a customer dearly.

אחת הבעיות כאשר כותבים ביקורת היא שלא תמיד כותב הביקורת מדייק בדבריו, ולעיתים אפילו ממציא פרטים או אירועים שכלל לא התרחשו, ובמיוחד כאשר אותו "לקוח" כלל לא היה לקוח של בית העסק. לעיתים מדובר בניסיון מכוון של כותב הביקורת לפגוע בבית העסק (לדוגמה; כאשר מי שכותב ביקורת שלילית הוא למעשה בעל עסק מתחרה, או מישהו מטעמו).

A review written on Facebook or Google, for example, can reach countless people. That is, following one negative review, a business can lose countless customers in the future, and in extreme cases, such a review can collapse a business.

A business owner who has been affected by a false negative review can contact Defamation lawyer אשר יבחן את המקרה ויקבע האם יש מקום להגשת תביעת לשון הרע. במקרים שבהם מדובר בביקורת שקרית בעל העסק יוכל לדרוש פיצוי כספי שיכול לנוע בין 75 – 150 אלף ש"ח, Without proof of damage, for each advertisement.

If the business owner is able to show that following the same audit, additional customers avoided contacting him or purchasing products or services from him, the amount of compensation could be even higher.

It is important to know that the amount of financial compensation that a business owner can claim from a customer following the writing of a false consumer review depends on the number of false reviews actually written by the customer. If the customer wrote more than one false negative review (for example: one false review on Facebook and another false review on Google), the business owner can claim financial compensation based on the number of reviews actually written. In these cases, the compensation amounts may be particularly significant.

Another important thing to know is that a claim against a customer can be filed even if the customer distributed a false review off the internet. It is enough for the business owner to have proof that the customer distributed the reviews orally to other people for a defamation claim to be filed against the customer. The amount of financial compensation that the business owner can actually receive in these cases depends very much on the number of people who were actually exposed to that false review. The higher the number of people, the greater the likelihood that the business owner will receive higher financial compensation.

Excessive negative reviews – not always enough to win a lawsuit

מקרים אחרים שיש לבחון בצורה שונה הם אותם מקרים בהם לא מדובר בביקורת צרכנית שקרית אלא בביקורת מוגזמת ("מנופחת") מצידו של הלקוח. כלומר, האירועים המתוארים בביקורת אכן התרחשו אך הלקוח "ניפח" את חומרתם או את הנזקים שלכאורה נגרמו לו.

In most of these cases, even if the business files a lawsuit, there is a very high probability that the courts will not accept it, or will award only modest financial compensation. Of course, each such case must be examined on its own merits, according to its circumstances. In some cases, even excessive criticism can lead to significant financial compensation that will be decided in favor of the business owner.

ביקורת שלילית "אותנטית" – אין בסיס להגשת תביעה נגד הלקוח

In general, reviews are not a negative thing. A positive review can help a business because potential customers will read previous reviews and realize that this is indeed a real business that provides a good service or product, or a business that solves the problem relevant to the customer.

On the other hand, a review will make it clear to potential customers that it may not be worth purchasing the business's services because the business may not be experienced enough, provide products at exorbitant prices, fail to meet deadlines, fail to deliver what it promised the customer, fail to provide proper after-sales service, etc. There is nothing wrong with an authentic review that addresses these issues, and in fact the option to leave a review is intended for these (and other) cases, and not just for cases in which the customer wants to praise the business.

If the business owner wishes to file a defamation lawsuit due to an authentic negative review, he will encounter great difficulty in court. It should be understood that there is no problem in filing a defamation lawsuit against any person for any claim, but there is a significant difference between filing a lawsuit and a situation in which the court accepts the lawsuit and rules in favor of the plaintiff.

In situations where an authentic, not false, or exaggerated criticism has been recorded, the likelihood that the court will award the business owner any monetary compensation is very low to zero. Furthermore, in most cases the court will dismiss such a claim and even order the business owner to pay legal costs.

Negative review written by a fictitious user

One of the difficulties in filing defamation lawsuits is when a false review is written by a fictitious user. A fictitious user is a person who has chosen to disguise their real name and has opened a username on a forum or Facebook under a different name, which is not the same as their own. Since a defamation lawsuit is filed against the person who wrote the reviews, filing a lawsuit in a situation where the review was written by a fictitious user will not be possible, and even if in an extreme case the court clerk accepted the lawsuit, and even a verdict was given in favor of the business owner, it will not be possible to do anything with the verdict, except hang it on the wall and boast about a worthless verdict.

In the case where a review was written by a fictitious user, it is not enough to argue in court that the business owner suspects or is convinced that it is a customer. Such claims need to be proven, and the real difficulty lies in proving these claims.

Even if court orders are sought to reveal the IP addresses from which the reviews were written, it is not at all obvious that the court will grant these requests, and even if in those exceptional cases the court grants the request, you may find that there is no match. In IP addresses Because this is a sophisticated person who wrote the negative review from a wireless network at a neighborhood cafe, and not from the Internet network at his home.

In these cases, most often, Defamation lawyer Will recommend to the customer not to take legal action against the fictitious user but rather against the platform where the negative review was left.

Is filing a lawsuit for a negative review always the appropriate solution?

It is true that a negative review causes damage to a business, but filing a defamation lawsuit does not always have to be in the business owner's best interest. Sometimes, the business's attempt to resolve the problem directly with the customer and make them satisfied will lead much more quickly to the deletion of a negative review, and sometimes even to changing the negative review to a positive review.

Every business wants to avoid a situation where it is widely publicized that the business is suing customers. Such knowledge does not serve the best interests of the business because this matter in itself may lead to potential customers not engaging with the business in any transaction.

In a situation where a negative review has been left, the first thing the business should do is try to establish telephone contact with the dissatisfied customer, and try to understand why that customer is dissatisfied, and how the business owner can make him a satisfied customer. These conversations should be recorded in the case of a customer whose sole purpose is to harm the business and has posted a false negative review, and who is not at all interested in reaching a solution with the business.

If you were unable to reach an agreement with the customer, make sure to leave a response to every negative review (and positive ones too – simply thank the customers for their response). It is very important that future customers also read the business owner's perspective on the dispute. It is very important that the response be to the point and not blunt. The way the response is written to the review may also affect customers. A response that is to the point and not dismissive may convince the potential customer that the business is in the right in the dispute between them and the customer who left a negative review.

You can always contact the platform that manages the reviews and request that the review be removed. It is important to provide a substantive explanation of why you are requesting the review to be removed (for example: it is a review from a fictitious customer who never visited the business). In most cases, if you are requesting the review to be removed because you do not like it, the business that manages that platform will not remove the review.

In conclusion – a negative review will not always lead to financial compensation.

Writing a review about a business This is not a prohibited action. Negative reviews are not always a bad thing, and are intended to provide relevant information to potential future customers. Not every review that contains offensive content will lead to financial compensation. Authentic reviews will be protected in court, and in these situations the business's claim will be dismissed.

On the other hand, if it is a completely false review, and especially when it is a review from a person who was not even a customer of the business, these are classic cases for filing a defamation lawsuit.

It is not always advisable to rush to file a lawsuit after receiving a negative review because the courts may view such a lawsuit as Silence claim.

A business should always know how to deal with criticism, even if it is unpleasant, and try to solve the customer's problem. In fact, proper conduct with the customer can change a negative review to a positive one, and turn the customer from a customer who does not recommend the business to a customer who recommends the business to others. See disappointed customers as potential recommenders and try to convince them to give the business a second chance.

Frequently Asked Questions about Negative Reviews