Fake reviews on Google and other social media platforms can be very damaging to the sales and reputation of a business. Fake Google reviews are a form of business defamation and business owners have practical options including legal options. If you have been the victim of this sort of internet defamation, you need the help of experienced defamation lawyers like the ones at Revision Legal. Here is a quick summary of how to remove fake Google reviews, including legal options.

Appeal to Google

On the practical level, business owners can “flag” a fake defamatory negative review. This option requires patience since Google personnel may take 24 to 48 hours to conduct their investigation. Flagging a fake review is particularly effective if the review contains inappropriate and/or sexually explicit language, is hateful, makes threats or urges illegal action or violence. Along the same lines, business owners can reach out to the Google support team with more direct information on why the review is false and/or defamatory. The key with this tactic is to provide as much detail and documentation as possible to the support team giving them enough information to make a determination that the fake review should be taken down. Both tactics can be successful with a reviewer that has a reputation for posting fake reviews.

Provide a Response 

Another practical step is to provide a response to the fake review (if possible). Often this will be sufficient to ameliorate the adverse reputational consequences. This tends to work only if the fake review is based on allegedly inferior customer service or product deficiencies. A response should be respectful and indicate that legitimate concerns will be addressed by the business. The response might be something along these lines: “Our business always attempts to provide first class customer service and products. We have reached out to the reviewer to address their concerns.” As always, any response must be careful to maintain consumer privacy and confidentiality.

That being said, there are some downsides to this option. First, providing a response can be seen as a concession that the fake review is real. Second, responding will likely mean that the fake review will not be removed. However, as with all things, a business must weigh costs against benefits.

Seek Redress From the Negative Reviewer

Another practical option is to ask the reviewer to voluntarily remove the negative review. Given the nature of fake reviews, this is not an option that is likely to succeed. But, sometimes it is worth a try. This can go hand-in-hand with the previous option.

Bring Legal Action

If more practical solutions are unavailing, then it is advisable to bring legal action, particularly where the review is clearly false/fake and clearly intended to do nothing more than harm your business. In general, to win a defamation case involving a fake review, the business must demonstrate:

• That the review contained at least one false and/or defamatory statement concerning the business
• That the person making the fake review intended to harm the business or that the person acted with reckless disregard and
• That the fake review caused harm to the business

Note that, generally, “publication to third parties” is a legal element that must be proven in defamation cases, but that element is always satisfied with fake Google reviews.

With respect to anonymous reviews, when a lawsuit is filed, there are court procedures that allow identification of users to be obtained from internet service providers and online platforms like Google. Damages that can be recovered include out-of-pocket expenses, tangible lost business review and damage to reputation and business goodwill. Most importantly, the court can issue an order requiring the fake review be removed.

For more information, contact the trusted internet defamation lawyers at Revision Legal at 231-714-0100.

The FTC’s 2024 Rule on Fake Reviews

In 2024, the Federal Trade Commission finalized rules directly targeting fake and deceptive reviews. The FTC’s rule prohibits creating, buying, or disseminating fake consumer reviews; offering insider reviews without clear disclosure of the material relationship; and suppressing negative reviews. Violations can result in civil penalties of up to $51,744 per violation. While the FTC rule does not give businesses a private right of action to sue competitors who leave fake reviews, the enforcement framework creates additional deterrence and a regulatory avenue for businesses to report orchestrated fake review campaigns conducted by competitors.

Competitors who orchestrate fake negative reviews against your business may also be liable under the Lanham Act’s Section 43(a), which prohibits false statements of fact in commercial advertising or promotion that misrepresent the characteristics of another person’s services. A coordinated campaign of fake negative reviews by a competitor can qualify as “commercial advertising or promotion” under the Lanham Act in many circuits, opening the door to claims for injunctive relief, the defendant’s profits, and attorney fees.

John Doe Subpoenas to Unmask Anonymous Reviewers

Many fake reviews are posted anonymously or under pseudonyms. Identifying the actual person requires using the courts’ discovery process. The typical approach is to file a “John Doe” defamation lawsuit against the unknown poster, then serve a subpoena on Google demanding account registration information, email addresses, IP addresses, and login activity logs. Courts routinely grant these subpoenas in defamation cases. Once the reviewer is identified, the lawsuit can be amended to name them directly, and the full range of defamation remedies becomes available — including damages and a court order requiring removal of the review.

Establishing Damages from Fake Reviews

Proving damages from fake reviews can be challenging but is well-established in the case law. Recoverable damages in a defamation claim involving fake reviews include: lost business revenue attributable to reputational harm; the cost of reputation management and review removal services; and, in cases of intentional harm, punitive damages. Document every fake review carefully: take screenshots, note the date and time, preserve any prior communications with the reviewer if known. Build a record of your attempts to resolve the issue through Google’s complaint process before escalating to litigation. The experienced internet defamation attorneys at Revision Legal handle fake review takedowns, John Doe subpoenas, defamation litigation, and FTC complaint filings. Call 231-714-0100 for an immediate consultation.