Checklist for What to do if my Business has been Defamed Online

Timing is critical when dealing with business defamation claims, as the faster the injurious speech is removed, the less damage occurs. If your business becomes the victim of defamatory reviews, interference with client relationships, or other harmful conduct follow these useful steps:

1. Document Everything
   Obtain screenshots, save emails, and collect physical copies of all statements made that you believe may harm your business.

2. Identify the Type of Speech
   Do your best to objectively review the statements about your business. Are they opinions or facts?
   “This business is terrible” (Opinion) vs. “The owner of this business pushed me, while we were arguing” (Fact) Only false statements of fact create actionable claims. The expression of a negative opinion is Constitutionally protected speech.

3. Gather Proof
   Can you prove the falsity of the claims that are being made against you? If so, obtain all relevant information that will prove that these claims are untrue. This may include witness statements, documents, or other communications. 

4. Consider Contacting an Attorney
   If you believe the negative speech is truly actionable, time is of the essence. Hiring a skilled attorney to obtain retractions and manage the situation is critical.

5. Have an Attorney Write a Cease and Desist Letter
   Usually, a good strong letter outlining the potential liability for these actions will solve the issue, as most individuals do not want to litigate, especially if they know what was said was untrue. As a result, this is usually the end for most of our clients. If this is done quickly, there is minimal impact on your business and you can return to operating normally within weeks.

6. Obtain Retractions and Removal of all Negative information
   In conjunction with the Cease and Desist Letter, we will instruct the offending party to remove all negative defamatory information to avoid a lawsuit. If there are any issues, we can also work with Google, Yelp, TripAdvisor, and other platforms to remove defamatory information.

7. Filing Suit if needed
   In rare cases, we can also proceed with filing suit against the person who has defamed your business. This is something we view as a last resort, as usually these claims can be handled without the cost and complexity of litigation.