Can a business stop customers from posting bad reviews?
Not with a standard contract term. The FTC's business guidance says the Consumer Review Fairness Act makes it illegal for a company to use a standard contract term that bars or restricts honest reviews, charges a penalty or fee for one, or makes reviewers give up intellectual property rights in their reviews. A business can still remove some content it hosts, report reviews that break a site's rules and reply. This is a plain summary, not legal advice.
What the FTC says the law bans
The FTC's business guide to the Consumer Review Fairness Act, dated February 2017, says the law protects "a broad variety of honest consumer assessments", including online reviews, social media posts, uploaded photos and videos, and evaluations of a company's customer service. In the FTC's summary, the law makes it illegal for a company to use a contract provision that:
- Bars or restricts a person who is party to the contract from reviewing the company's products, services or conduct.
- Imposes a penalty or fee on someone who gives a review.
- Requires people to give up their intellectual property rights in the content of their reviews.
What it does not do
The FTC's guide says the law doesn't apply to employment contracts or agreements with independent contractors. It also says a business may prohibit or remove a review that contains confidential or private information, is libelous, harassing, abusive, obscene or otherwise inappropriate in ways the guide lists, is unrelated to the company's products or services, or is clearly false or misleading.
The FTC adds a caution: it is "unlikely that a consumer's assessment or opinion with which you disagree" meets the clearly false or misleading standard. As general advice, that removal right matters most for reviews a business hosts itself; on Google, removal follows Google's policies, and choosing which reviews to show on your own website is covered in the related answer on putting customer reviews on your website. This is a plain summary, not legal advice.
Who enforces it
The FTC says Congress gave enforcement authority to the FTC and the state Attorneys General, and that a company in violation could face financial penalties and a federal court order. Its checklist for businesses: review your form contracts, including online terms and conditions, and remove any provision that restricts honest reviews, penalizes them or claims copyright over them.
Other routes that are closed
An owner cannot switch off Google reviews, as the related answer on turning off Google reviews explains. The FTC's review rule, in effect since October 21, 2024, separately bars groundless legal threats, physical threats or intimidation, and false accusations made knowingly or with reckless disregard used to stop or remove a review; the related answer on getting a fake Google review removed covers it. Google strictly prohibits offering incentives in exchange for changing a review or removing a negative one. A demand for payment to remove bad reviews is covered in the related answer on review extortion.
What to do instead
As general advice, reply calmly, fix what can be fixed and keep asking every customer for a review, so one bad review sits among many honest ones; the related answers on responding to a negative Google review and on getting more reviews the right way cover how. Whether a review justifies legal action is a question for a lawyer.
Sources
- Federal Trade Commission, "Consumer Review Fairness Act: What Businesses Need to Know" (February 2017)
- Federal Trade Commission, "The Consumer Reviews and Testimonials Rule: Questions and Answers" (November 2024)
- Google Business Profile Help, "Tips to get more reviews"
Related answers
- Can you turn off Google reviews for your business?
- What should you do if someone threatens to post bad reviews unless you pay?
- Can you get a fake or unfair Google review taken down?
- How should a business respond to a negative Google review?
- How do you get more reviews the right way?
- Can you put customer reviews and testimonials on your website?
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