QUESTION

How do I combat an inappropriate online smear campaign of a small business?

Asked on Mar 01st, 2014 on Libel, Slander and Defamation - Virginia
More details to this question:
I am the owner of a small pet care business. We recently held a cute pet photo contest on our FB page in which an individual in another state (not a client of ours), potentially attempted to win a significant prize by using spambots and paid accounts to gain votes. We discovered through online research that this person may have done this many times in a variety of contests, and that he may be getting away with winning a lot of stuff this way. When confronted with this, the individual began a smear campaign of our business online, including posting negative reviews of our business on Yelp and Facebook. We are an honest, hardworking, and quality service. These reviews make us appear quite negatively to our clientele. This one individual threatens to take us down with a smear campaign from another state, having never even used our services. Admittedly, there was no verbiage that said spambots were not allowed, but we feel this goes without saying? What can be done?
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1 ANSWER

Litigation Attorney serving Reston, VA
Partner at BerlikLaw, LLC
3 Awards
What can be done depends on what the "smear campaign" consists of.  Keep in mind that the First Amendment protects the right to express one's opinions.  What he can't do is make false statements to the public about how you run your business, in a manner that is likely to turn people away.  See my blog post for a more detailed discussion of what is required to establish defamation liability.
Answered on Mar 03rd, 2014 at 10:08 AM

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