Can we sue client for leaving wrong review about us?

[fstep2]

What is the name of your state (only U.S. law)? NY

One of the services our marketing company provides is flyer distribution. We did this for 1 customer who after the job was completed left a review saying:

"looks like they just use one flyer to take pics in different places (the pics are in reference to proof of distribution we provide). as a marketer i do know that you have to get a approval on soliciting services or products on other business stores or around their business"

Both statements are incorrect, however this review is absolutely killing us on the freelancer site we use to attain this business. Our sales instantly dropped as did our search ranking due to decreased conversion. Estimated loss is around $6,000/year. The client had 0 basis to make the first statement, which is what's doing the most damage.

Can we sue for this?

 

[quincy]

What is the name of your state (only U.S. law)? NY

One of the services our marketing company provides is flyer distribution. We did this for 1 customer who after the job was completed left a review saying:

"looks like they just use one flyer to take pics in different places (the pics are in reference to proof of distribution we provide). as a marketer i do know that you have to get a approval on soliciting services or products on other business stores or around their business"

Both statements are incorrect, however this review is absolutely killing us on the freelancer site we use to attain this business. Our sales instantly dropped as did our search ranking due to decreased conversion. Estimated loss is around $6,000/year. The client had 0 basis to make the first statement, which is what's doing the most damage.

Can we sue for this?

Yes, you can sue if the negative review can be shown to have directly caused the loss of business to your company. The review implies you do not fulfill the promises you make to your customers.

There are difficulties involved with suits over negative reviews, however. These types of suits can often cost more in time, energy and money than they are worth in what is finally recovered in court - and this is assuming you win your action. There is never a guarantee of that.

You would need to show with convincing evidence that there was harm done to your business and the loss of income was directly connected to the publication of the review. This is not an easy thing to do. And the review you posted here is not the most scathing or damaging I have ever seen and can be balanced out with one or two positive reviews.

I do not know where the negative review appeared but, often, review sites will allow for an individual or an entity to post a rebuttal. If the rebuttal is carefully crafted with facts and not with anger, visitors to the review site will read your comments and they will be able to weigh the credibility of your statements against those of your former customer. This can help to repair any reputational harm your business has suffered.

But, sure, consult with a few attorneys in your area to get a better idea of the costs you can expect in pursuing a legal action and then weigh all costs against the benefits you might realize.

I personally don't think negative reviews are read or taken seriously by most people, but some can be harmful enough to warrant legal action and can result in an award of damages that makes the suit worthwhile.

Good luck, fstep2.