Reviews are a critical part of attracting new customers to your business. As consumers ourselves we’ve all read reviews as a way to better understand a business. They can end up being how we make the final decision for or against doing business with someone. One of the most difficult situations we can face is when we know we did everything to accommodate a client or customer, and they still went online and spread misinformation about their experience. The result being a really bad review sitting there for everyone to read. As a business owner what can you do when someone damages your reputation like that online? 

The legal term for this is defamation. Most of the time when people go to attorneys about these issues, the answer is “Well, we could sue them, but that is going to cost a lot of money.”  

 At Counxel, we like to think more strategically than that. We’ve put together a few simple, but very effective steps you can take to right the situation. 

Investigate – $350 / Flat Fee

The first step is to investigate. Because defamation only exists when there is a “false statement” or a “statement made with reckless disregard for the truth,” we want to understand everything we can from you about what statements are being made and how best to address those statements. This is done during a strategy session with one of our attorneys.

Send a Cease and Desist/Demand Letter – $1000 / Flat Fee

This is the fastest way to correct a defamatory statement. We’ll send a demand to the person to do one, or all, of the following:

• Remove all defamatory content they have posted and make a public apology for posting that defamatory content.
• Provide us with proof of their claims or we will sue them.
• Pay you damages and attorneys’ fees. 

Provide a Certificate of False Statement – $1000 / Flat Fee

If the other party refuses (or ignores) the demand or fails to provide evidence supporting the truth of their comments, then we provide you with a Certificate of False Statement.  This is a stamp of approval from our office that the statements made against you are false and/or unsubstantiated and therefore deemed false. You can post this online or share it directly with those who you know have heard the defamatory statement. You can also use this directly with social media and online review platforms (BBB, Yelp, Google) to provide legitimacy to you asking the platform to remove the defamatory content. 

Litigate – Price Depends on Issues / Hourly Rate Fees

Yes there is always the option to litigate.  Which should only be the option if the false statements have caused you significant harm, and cannot be remedied satisfactorily with the actions taken above. We can then sue in court to get the statement taken down, to recover damages, and to clear your name.

You work hard to make your customers happy, and this kind of situation can leave you feeling defeated.  You do have options, and we’re here to help. Click HERE to schedule a consultation.