Negative Online Reviews: What a California Business Can and Cannot Do

Last updated: November 2026

A California business can sue over an online review only when the review states something false as a fact, not when it expresses an opinion, however harsh. Most negative reviews are opinion and are protected. The practical options are platform removal for reviews that violate the site's rules and a claim against a competitor who posts fake reviews. In the narrow case of a provably false factual statement, a defamation claim is possible, but it must survive an anti-SLAPP motion. Kolmogorov Law, P.C. represents businesses, not individuals, in these matters in Orange County and Los Angeles.

Call (909) 235-6116 or contact us online to discuss a review that is damaging your business.

Start with the question that decides everything: fact or opinion

Libel is a false and unprivileged publication in writing that exposes a person to contempt or has a tendency to injure him in his occupation. (Civ. Code, § 45.) The word that matters is false. Only a statement of fact can be false.

"The worst contractor I have ever hired" is opinion. "They charged my card twice and refused to refund it" is a statement of fact. "The owner has a criminal record for fraud" is a statement of fact. If the factual statements are true, there is no claim. If they are false, there may be.

Most reviews that make owners angry fall on the opinion side. I tell clients this in the first call, because time spent fighting an opinion review is time not spent earning the next fifty positive ones.

Option one: ask the platform to remove it

Google, Yelp, and the other platforms have content policies that prohibit certain categories: reviews by people who are not customers, reviews by competitors or former employees, and reviews containing threats or private information. A review that violates a policy can be flagged and sometimes removed. A review that is merely negative cannot.

Federal law provides that no provider of an interactive computer service "shall be treated as the publisher or speaker of any information provided by another information content provider." (47 U.S.C. § 230(c)(1).) A plurality of the California Supreme Court applied that provision to a judgment against a reviewer who had been found liable for defamation. A court could not order Yelp to remove her reviews, because the order treated Yelp as the publisher of her content. (Hassell v. Bird (2018) 5 Cal.5th 522, 542.) A judgment against the reviewer can require the reviewer to take the post down. It cannot bind the platform.

Option two: sue a competitor who posts fake reviews

Fake negative reviews planted by a competitor are a different problem. A federal rule now makes it an unfair or deceptive practice for a business to write, create, or sell a consumer review that materially misrepresents that the reviewer exists or had experience with the business. (16 C.F.R. § 465.2(a).) The FTC enforces that rule, but it defines the conduct as unlawful. In California, a competitor's fake reviews can support a claim under the Unfair Competition Law, which reaches any unlawful, unfair, or fraudulent business practice. (Bus. & Prof. Code, § 17200.) Where the fake review contains false statements of fact about your business, trade libel and the false advertising theories on our competitor false advertising page may also apply.

The hard part is proof. Anonymous reviews require a subpoena to the platform, and platforms resist. We evaluate whether the pattern and timing make the source identifiable before recommending that route.

Option three: when a business can sue for a bad review, and the anti-SLAPP problem

If a review states a provably false fact that damages the business, a defamation or trade libel claim exists. Our business defamation guide covers the elements.

A consumer review on a public website about a business is, in most cases, a statement made in a public forum in connection with an issue of public interest. (Code Civ. Proc., § 425.16, subd. (e)(3).) That means the reviewer can file a special motion to strike, usually within 60 days of service, and the business must then show a probability of prevailing on the claim with admissible evidence. (Code Civ. Proc., § 425.16, subds. (b)(1), (f).) If the business cannot, the claim is stricken and the business pays the reviewer's attorney fees. (Code Civ. Proc., § 425.16, subd. (c)(1).)

In plain terms: suing over an opinion review in California can end with your business paying the reviewer's lawyer. We file these cases only when the false statement of fact is specific, provable, and damaging, and when the evidence is in hand before filing. Our anti-SLAPP page explains the procedure from both sides.

What a business cannot do: gag clauses and threats

A contract for consumer goods or services may not include a provision waiving the consumer's right to make any statement about the business or its goods or services. Violations carry a civil penalty of up to $2,500 for the first violation and $5,000 for each later one, with up to $10,000 more for a willful violation. (Civ. Code, § 1670.8, subds. (a)(1), (c), (d).) The federal Consumer Review Fairness Act voids any form-contract provision that prohibits or restricts a consumer's review or imposes a penalty for one, and makes it unlawful to offer such a contract. (15 U.S.C. § 45b(b)(1), (c).) Neither law protects defamatory content, and both leave a business free to remove reviews from its own website that are false, abusive, or unrelated to its goods. (15 U.S.C. § 45b(b)(2).)

The federal review rule also prohibits using an unfounded legal threat or intimidation in response to a review to get it removed. (16 C.F.R. § 465.7(a).) A demand letter to a reviewer must therefore have a real basis. Our page on sending a demand letter explains how we approach one.

What we do, and what we do not do

We represent businesses. We do not represent individuals in defamation matters, and we do not handle personal reputation disputes. For a business client, we sort the reviews into opinion, true fact, false fact, and likely fake. We flag policy violations, pursue competitors who plant fake reviews, and file defamation claims in the rare case that justifies the anti-SLAPP risk.

Cases are heard in the Superior Court: for Orange County, the Central Justice Center in Santa Ana; for Los Angeles, the Stanley Mosk Courthouse. The business disputes hub describes the practice.

What to bring to the first meeting

Screenshots of each review with the date and the reviewer's display name. Your customer records, so we can confirm whether the reviewer was a customer. Any correspondence with the reviewer or the platform. Evidence that specific factual statements are false. Your customer contracts, so we can check for clauses that are now unlawful.

Frequently asked questions

Can a business sue for a bad review?

Only if the review states a false fact, not an opinion. A review that says the service was terrible is protected. A review that falsely says you stole a deposit is not. Even then, expect an anti-SLAPP motion, and the business must prove its case early or pay the reviewer's attorney fees.

Can I get a defamatory review removed from Google or Yelp?

Not by court order against the platform. Federal law shields platforms from being treated as the publisher of user content, and the California Supreme Court has refused to let a judgment against a reviewer be enforced against Yelp. The available tools are platform policy flags and a judgment against the reviewer.

Can I sue a competitor for fake reviews?

Yes, if you can identify the competitor as the source. Fake reviews are an unfair business practice under California's Unfair Competition Law and violate the FTC's consumer review rule. False factual statements in them may also be trade libel.

Can I make customers agree not to post negative reviews?

No. California prohibits such clauses in consumer contracts and imposes civil penalties, and the federal Consumer Review Fairness Act makes them void and unlawful to offer. A clause of that kind in your current contract should be removed.

Talk to a California business litigation attorney

If a review or a pattern of reviews is hurting your business, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located at 327 Magnet, Irvine, CA 92618, and represents businesses in Orange County, Los Angeles, and throughout California.

This page provides general information about California and federal law and is not legal advice. Outcomes depend on the review, the facts, and the court.