Online Defamation: How Businesses Can Combat Fake Reviews – Insights from Amaro v. DeMichael

In today's hyper-connected digital world, businesses rely heavily on their online reputation. Whether you're running a small local business or a large law firm, maintaining a positive online image is essential for generating leads, building client trust, and staying competitive. But what happens when someone intentionally tries to sabotage that reputation?

The recent case of Amaro v. DeMichael (2024-Ohio-3290) serves as a prime example of how fake online reviews can damage a business and the legal remedies available to combat such defamation. In this post, we'll explore the details of this important case, break down the legal standards surrounding online defamation, and provide insights into what businesses can do if they fall victim to malicious fake reviews.

The Power of Online Reviews in the Digital Age

Before diving into the case, it’s important to understand the significance of online reviews in today’s marketplace. Reviews on platforms like Google My Business (GMB), Yelp, and social media pages are often the first point of contact potential clients have with a business. Research shows that over 90% of consumers read online reviews before deciding whether to engage with a business, and businesses with higher ratings are more likely to attract clients and drive sales.

For service-based businesses like law firms, a strong online presence with positive reviews can make all the difference in generating leads. Many potential clients use search engines to find legal services, and a firm’s ranking in search results often depends heavily on its reviews. A drop in rating—even by a single star—can significantly reduce a business's visibility, leading to fewer inquiries and lost revenue.

That’s precisely what happened in the case of Amaro Law Firm, a personal injury law firm in Houston, Texas, which found its perfect 5-star rating on GMB under attack by fake reviews.

The Case of Amaro v. DeMichael

In Amaro v. DeMichael, the plaintiff, R. James Amaro, P.C., doing business as Amaro Law Firm, filed a lawsuit in Ohio against Patrick and Ronald DeMichael after discovering that their GMB listing was flooded with fake negative reviews. These reviews were not only untrue but appeared to be part of a coordinated attack designed to harm the firm's reputation.

According to the court documents, between February and June 2022, over 100 fake reviews were posted on the law firm’s GMB page. Each review followed a similar pattern, with different fake names and repeated complaints about the firm’s communication, claiming that the firm failed to return calls or provide follow-ups on cases. These false reviews created the impression that Amaro Law Firm had a history of poor communication, thereby damaging the trust that potential clients might have in the firm.

Before these fake reviews, Amaro Law Firm had amassed more than 1,500 positive reviews and held a perfect 5-star rating, which allowed it to rank at the top of Google search results for personal injury law firms in Houston. Once the fake reviews began to appear, the firm’s rating dropped, and the number of inquiries and new client sign-ups began to decrease. The firm could track this decrease directly to its lower ranking in search results caused by the false reviews.

Legal Implications: Defamation, False Light, and Tortious Interference

The lawsuit brought by Amaro Law Firm included several claims against the defendants, including defamation, invasion of privacy/false light, and tortious interference with business relationships. Each of these claims addresses different aspects of the harm caused by the fake reviews:

1. Defamation: Defamation occurs when a false statement is made about a person or business that harms their reputation. In this case, the false reviews made by the defendants were intended to damage the firm's professional reputation by creating the impression that it provided substandard legal services.
2. Invasion of Privacy/False Light: The false light claim arises when a person’s reputation is harmed by the publicizing of misleading or false information. In this case, the false reviews misrepresented the quality of services provided by the firm, casting it in a negative light.
3. Tortious Interference: This occurs when a third party intentionally disrupts a business’s relationships with its clients. The fake reviews were designed to interfere with the firm's existing and prospective client relationships, ultimately causing financial harm.

The Defendants’ Response: Opinion or Fact?

One of the key defenses raised by the defendants was that the fake reviews were merely opinions and, as such, were protected by the First Amendment. Under U.S. defamation law, opinions are generally not actionable, as they are considered expressions of free speech. However, there is a crucial distinction between opinions and statements of fact. If a review contains a false statement of fact, it may be actionable as defamation.

In this case, the court had to decide whether the reviews were statements of opinion or verifiable facts. To make this determination, the court applied a four-factor test, examining the following:

1. The Specific Language Used: The court looked at the wording of each review to see if the language was specific enough to be interpreted as a factual claim. For example, reviews that claimed the firm “never followed up” or “did not return calls” were seen as factual statements that could be proven true or false.
2. Verifiability: The court also considered whether the statements could be verified. Claims about whether the firm communicated with clients, provided follow-ups, or handled specific cases could easily be verified by reviewing the firm’s records.
3. The General Context: The court looked at the context in which the statements were made, including the platform on which they were posted. In this case, the reviews were posted on Google My Business, a platform where consumers expect to read factual accounts of real customer experiences.
4. The Broader Context: The broader context of the reviews also played a role in the court's decision. The reviews were posted in a relatively short time frame and followed a consistent pattern, leading the court to conclude that they were part of a coordinated attack on the firm’s reputation.

The Court’s Decision: A Victory for Amaro Law Firm

After applying these factors, the court concluded that many of the fake reviews were not protected by the First Amendment because they contained verifiable false statements of fact. Reviews that falsely claimed poor communication or a lack of follow-up were actionable as defamation, as these statements could be disproven by the firm’s client records.

The court found that the defendants had intentionally posted the reviews to harm the firm’s reputation and ruled in favor of Amaro Law Firm, allowing the case to move forward. The ruling also served as a reminder that while free speech protects opinions, false statements of fact—especially those made with malicious intent—are not protected.

What This Means for Your Business

The Amaro v. DeMichael case is a landmark decision in the growing field of online defamation law. It highlights the legal options available to businesses that have been targeted by fake reviews and underscores the importance of taking swift action to protect your reputation.

At Massey & Duffy, we understand how damaging false online reviews can be to your business. Whether you’re a law firm, a local business, or an e-commerce company, fake reviews can cause real harm, leading to lost revenue, damage to your brand, and decreased client trust. But you don’t have to face this challenge alone. Our experienced legal team is here to help.

How to Fight Back Against Fake Reviews

If you suspect that your business has been targeted by fake reviews, here are some steps you can take:

1. Document Everything: Start by taking screenshots of the reviews and documenting any patterns you notice, such as the timing of the reviews, similar wording, or fake names. This information will be critical if you decide to pursue legal action.
2. Contact the Review Platform: Many review platforms, including Google, have policies against fake reviews. Report the reviews to the platform and request that they be removed. Be sure to provide evidence that the reviews are false, such as client records showing that the reviewers were never clients.
3. Issue a Legal Notice: In some cases, it may be possible to send a cease-and-desist letter to the person responsible for the fake reviews, demanding that they stop posting false information. This can be a first step before filing a lawsuit.
4. File a Defamation Lawsuit: If the fake reviews are causing significant harm to your business, you may need to file a defamation lawsuit to seek damages and have the reviews removed. A defamation claim can help you recover financial losses and restore your business’s reputation.

Protecting Your Business’s Reputation with Massey & Duffy

At Massey & Duffy, we have extensive experience handling defamation cases, including those involving fake online reviews. Our attorneys understand the nuances of defamation law and will work diligently to protect your business from false attacks.

If your business is suffering due to fake reviews or defamatory statements, don’t wait to take action. Contact our office today to discuss your legal options and start protecting your reputation.