Fake Negative Review? What a California Business Can Do, and What It Can't

What should a business do first about a fake negative review?

Preserve it, check it against your records, and report it to the platform before you do anything else. Review sites remove content under their own policies, and a report citing those rules is a route that does not require contacting the reviewer at all.

1. Screenshot the review with the date, reviewer name, profile link and the page URL.
2. Search your bookings, invoices, call logs and camera footage for the visit it describes.
3. Note every specific factual claim: dates, prices, names, what was said.
4. Flag the review through the platform's reporting tool, naming the policy it breaks, such as reviews from non-customers, conflicts of interest or off-topic content.
5. Post one calm public reply, for example: "We have no record of this visit and would like to look into it. Please contact us at the number below."
6. Decide whether a direct letter is warranted, using the sorting table below.

Skip the angry reply. Public responses stay up long after the review is gone, and some kinds of response, described below, can create legal exposure for the business.

Is the review fake, false, or just harsh?

The category decides what you can lawfully ask for. In California, libel is a false and unprivileged written publication that exposes a person to contempt or ridicule or tends to injure them in their occupation (Civil Code section 45). Opinion and exaggeration generally are not statements of fact.

If a competitor is behind a pattern of reviews, our guide to competitor false advertising covers the unfair competition laws that may apply.

Laws that limit how a business can respond to reviews

Three sets of rules protect reviewers, and a letter that ignores them can hand the reviewer a complaint of their own.

• California Civil Code section 1670.8. A consumer contract cannot waive the customer's right to make statements about the business. It is unlawful to threaten to enforce such a clause or otherwise penalize a consumer for a protected statement. Penalties run up to $2,500 for a first violation and $5,000 for each later one, with up to $10,000 more for willful, intentional or reckless violations, and the consumer can sue to collect them.
• Consumer Review Fairness Act (15 U.S.C. section 45b). Form contract terms that restrict reviews, impose a fee for posting one, or claim ownership of review content are void, and offering a form contract that contains them is treated as a violation of an FTC rule. The act preserves defamation claims and lets a business remove content on its own site that is libelous, harassing, unrelated or clearly false.
• FTC Consumer Reviews and Testimonials Rule (16 C.F.R. part 465). In effect since October 21, 2024, it bars using unfounded or groundless legal threats, physical threats, intimidation, or public accusations the business knows are false (or makes with reckless disregard for the truth) to prevent a review or get one removed. The FTC's guidance says you may threaten legal action only if you have a legitimate basis.

Could suing the reviewer backfire under California's anti-SLAPP law?

It can. California's anti-SLAPP statute, Code of Civil Procedure section 425.16, lets a defendant ask the court to strike a claim that arises from statements made in a public forum about an issue of public interest. The plaintiff must then show a probability of winning, discovery is paused while the motion is pending, and a defendant who wins the motion is entitled to attorney's fees and costs.

Whether a particular review counts as speech on an issue of public interest depends on the facts, and that is a question for a lawyer before any suit is filed. A business with clear proof that a specific factual statement is false stands in a different position from one objecting to tone or opinion.

Timing matters too. An action for libel must be brought within one year (Code of Civil Procedure section 340(c)), so note the date the review was posted.

What a lawful letter to the reviewer should say

A lawful letter is narrow: it points to specific false statements of fact, shows why they are false, and asks for a correction. It should not demand money for an opinion, cite a contract clause about reviews, or threaten action you have no basis for.

• Quote the exact sentences you say are false, and only those.
• Explain the records that contradict each one.
• Ask for removal or correction of those sentences within a reasonable time, such as 14 days.
• Invite the reviewer to share any information you are missing, in case the visit was real.
• Keep the tone measured. The letter may be screenshotted and posted.

Our guide to defamation cease and desist letters goes further into the elements of a defamation claim.

What if the reviewer is anonymous or ignores the letter?

If you cannot identify the author, the platform is usually the only practical channel short of litigation. Unmasking an anonymous poster generally requires filing a lawsuit and serving a subpoena on the platform, which brings the anti-SLAPP issues above into play. A pattern of reviews from new accounts in a short window is worth documenting and reporting as a group.

If the reviewer is known and does not respond, options include a second report to the platform with your letter attached, a reply that states your records calmly, or a consultation about a claim. Our guide to online content removal demand letters covers requests to platforms and site owners.

When a review letter should come from an attorney

A reply to a fake review carries risk in both directions: a letter that reads as an unfounded threat can break California or federal law, while one that is too vague gives the reviewer nothing to correct. Having an attorney write it is worth considering when the review states specific false facts that are hurting bookings, when you suspect a competitor or former employee, or when the reviewer has hired a lawyer or threatened an anti-SLAPP motion.

Through Talk to My Lawyer, a licensed California attorney writes your letter from the review, your booking and payment records and any platform correspondence, limits it to statements that can be shown false, and sends it on your behalf. Before filing any defamation claim, get advice on your evidence and the anti-SLAPP risk from a lawyer.