Fifth District Says That Lawsuit Over Negative Online Reviews Can Move Forward
Two Ohio residents are being sued by a Texas law firm after posting 60 fake reviews on the firm’s online business page. Recently, the 5th District Court of Appeals ruled that the lawsuit can move forward because the reviews are more than opinions and can be proven true or false.
According to the Fifth District, reviews on the business’s Google page contain statements describing fictitious client relationships. The reviews criticized the firm for a “lack of communication or follow-up.” Due to the fact that each of these statements can be easily checked, the Fifth District ruled that the firm’s defamation lawsuit against two Licking County residents can move forward.
The defendants allegedly posted nearly 100 fake reviews in 2022 on the Houston law firm’s Google business page. The reviews were associated with separate Google accounts listing different names. The law firm alleged the review names were never either potential or actual clients of the law firm.
The IP address from which the reviews were posted was traced back to two Ohio residents in Licking County. Before the reviews were posted, the firm had the highest possible rating of five stars from more than 1,500 positive reviews. Businesses with higher rankings appear higher in Google listings than those with lower rankings in both search and map results.
The Fifth District also ruled that some of the fake reviews, including those that included stars only, are opinions and hence, protected from being considered defamatory. Initially, a trial court had dismissed the plaintiff’s lawsuit ruling that the reviews were opinions and thus protected by the First Amendment. The appellate court decision overturns the trial court’s judgment remanding the case to the trial court for additional proceedings.
Firm alleges conspirators posted 99 fake reviews from one address
The plaintiff’s law firm specializes in personal injury cases. The plaintiff’s complaint asserted that its listing on Google My Business was flooded with 99 fake reviews with three stars or less during a five-month period from February to June of 2022. Their lawsuit alleged defamation, invasion of privacy, trade libel, and tortious interference with business relations.
The law firm argued that the reviews were false because the names connected to the email accounts were neither potential or actual clients. The reviews were meant to spread the false impression of widespread client dissatisfaction with the firm’s representation. The firm alleged that the statements injured the firm’s reputation. According to its lawsuit, the firm alleged that the fake reviews caused a noticeable decline in inquiries and new clients generated through its Google page.
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Source:
courtnewsohio.gov/cases/2024/COA/0913/2024-Ohio-3290.asp
