In today’s digital age, a single social media video can significantly impact a business’s reputation overnight. Positive reviews can boost your image, while negative ones can cause considerable damage. As a business owner in Texas, you might wonder if you can send a cease and desist letter to a customer who posts a detrimental video review. Although not all negative reviews warrant legal action, there are some situations that rise to the occasion. Examples can include:
- Defamatory content: If the review contains false statements that can harm your business’s reputation, it might qualify as defamation.
- Misleading or malicious content: Reviews that are intentionally misleading or posted with malice can also be grounds for legal action.
However, it is important to differentiate between someone’s opinion and a legally actionable claim. Negative feedback, when truthful or subjective, is typically not sufficient for legal action under Texas law. Generally, to rise to defamation, the individual making the statement must, in the least, be negligent with their claim.
There are situations when a disgruntled client or patient will lash out with more than just negligence — they may maliciously attempt to defame your business. In a recent example, an ophthalmology practice had to move forward with legal action after a former patient took to the internet to make multiple false allegations of wrongdoing against the practice. The court agreed that the individual abused public forums and was guilty of defamation and ordered the individual to pay monetary awards in sanctions and attorney’s fees.
What are my next steps if the situation warrants legal action?
As noted above, businesses have legal recourse when an individual is making false or negligent statements about the business online. The first step for businesses in this situation is to ensure the review contains objectively false information that affects your business.
If a negative review escalates into defamation, consult with a Texas content removal lawyer to explore your legal options, including the use of a cease and desist letter. Remember, each situation is unique, and professional legal advice can provide the right guidance tailored to your specific circumstances.