Law firm can sue over alleged fake online reviews that toppled its top rating, appeals court says

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Legislation agency can sue over alleged pretend on-line…

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Legislation agency can sue over alleged pretend on-line opinions that toppled its prime score, appeals courtroom says

By Debra Cassens Weiss

September 19, 2024, 2:37 pm CDT

A Houston legislation agency alleging that it was defamed by 99 pretend three-star opinions on its Google enterprise web page can sue for defamation for 62 of these opinions, an Ohio appeals courtroom has dominated.

Lawyer R. James Amaro and the Amaro Legislation Agency in Texas can’t sue for opinions which can be mere opinions, based on the Aug. 28 choice by the Ohio Fifth District Court docket of Appeals. However it could sue for the 62 opinions describing fictitious interactions or experiences with the agency that may be confirmed true or false, the attraction courtroom stated.

Court docket Information Ohio lined the choice in a latest story famous by the Authorized Career Weblog.

The actionable opinions included language reminiscent of “no follow-up,” “by no means referred to as me again,” “by no means up to date me,” “by no means responded,” “no communication” and “didn’t reply name.” Different actionable opinions had language indicating that the author was a consumer, reminiscent of “no thought what’s going on with case.”

The appeals courtroom described the actionable opinions as “no communication opinions” and “consumer language opinions.”

However the agency can’t sue over opinions that gave the agency three stars, with no textual content included or with constructive evaluations, or that contained solely a subjective analysis, reminiscent of “poor communication” and “no well timed response.”

The Amaro Legislation Agency had greater than 1,500 constructive opinions and an ideal five-star score earlier than the adverse opinions appeared in 2022, the agency stated in its lawsuit. Due to the excessive score, the agency appeared close to the highest of Google search outcomes for private harm companies.

The opinions have been written within the identify of people that have been by no means shoppers or have been by no means potential shoppers, the agency’s swimsuit stated. In response to a subpoena, Google stated all of the adverse opinions have been from an IP tackle assigned to the Ohio residence of two individuals—who grew to become the swimsuit defendants.

The defendants had claimed that the opinions have been constitutionally protected statements of opinion. In addition they sought to dismiss causes of motion for invasion of privateness, commerce libel and tortious interference with enterprise relations on the bottom that they’re spinoff of the defamation claims.

A trial decide in Licking County, Ohio, agreed with the defendants and dismissed the complete swimsuit in December 2023. The appeals courtroom reversed, permitting the defamation claims for 62 opinions, in addition to the opposite causes of motion.

“Each the consumer language opinions and the no communication opinions comprise particular and unambiguous statements,” the appeals courtroom stated. “Whether or not a legislation agency referred to as or didn’t name somebody, followed-up or didn’t comply with up with somebody, and whether or not a reviewer had a case with appellant every have a generally understood that means. The language in these opinions isn’t so hyperbolic in order to undermine the reader’s impression that the opinions allege appellant didn’t return calls, comply with up or have been a consumer of appellant.”

The case is Amaro v. DeMichael.