Can a business sue a customer over a bad review?

Ascent Vision · Published October 25, 2026

It depends on the facts and the state, and only a lawyer can say. The FTC's Consumer Review Fairness Act guide is the agency's position on contract clauses that gag reviewers; it does not decide whether a lawsuit over a review would succeed. A false statement of fact is usually treated differently from an opinion. This is a plain summary, not legal advice.

What the FTC's Fairness Act guide covers

The FTC's business guide to the Consumer Review Fairness Act is the agency's position on contract terms that gag or penalize honest reviewers; the related answer on stopping bad reviews covers that rule. It is about contract terms, and it does not decide whether a lawsuit over a particular review would succeed.

Opinion and false statements of fact

Google's Legal Help page on reporting content, for some of the products it covers, lists a defamation option and describes it as typically "a false statement damaging reputation". As general advice, a harsh opinion is usually treated differently from a statement of fact that is untrue, and where the line falls in a real case depends on the facts and the state. That is a lawyer's call; the related answer on stopping bad reviews notes the FTC's caution about opinions.

Threats and the FTC's review rule

The FTC's questions-and-answers page on its consumer reviews rule says a business can threaten legal action if it has a legitimate basis; the related answer on getting a fake Google review removed covers what the rule forbids. The FTC says its staff guidance is not definitive or comprehensive and gives no safe harbor from liability.

Where a court order fits with Google

Google's Legal Help page on reporting content, which covers several of its services, lists a court-order option, for content "that a court decision has determined is unlawful", and a separate defamation option. What Google does with a request is its decision. As general advice, a lawsuit can also draw more attention to the review than it had before.

What to try first

Usually the quicker steps come first: a calm public reply, a report if the review breaks Google's rules, and one polite request to the customer, as the related answers on responding to a negative review and on asking a customer to change a review describe. Whether a review justifies legal action is a question for a lawyer. This is a plain summary, not legal advice.

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