‘You’re not allowed to leave bad reviews‘: Woman says she’s getting sued over leaving a 1-star review. Is that possible?
Online reviews have made it significantly easier to tell if a product you’re buying, or if a store you’re visiting, has left a positive impression on its customers.
However, reviews are not always as they seem. Amazon has come under fire after their site was accused of being full of fake reviews, and Google has recently made efforts to crack down on fake reviews for businesses that can be found via its search engine.
Still, a negative review of a business can be an important way for customers to warn others about products or services offered by a company. However, these negative reviews can have consequences, as one TikTok user recently learned.
A bridal shop experience gone wrong
In a video with over 611,000 views, TikTok user Courtney (@court.nurse) explains how she came to be threatened with a lawsuit after leaving a negative review.
According to Courtney, she went wedding dress shopping with her sister-in-law earlier this year with plans to visit two locations. While the visit to the first location went well, the second was met with problems immediately.
“We got there about 15 minutes early, 10 minutes early, and while we were in the parking lot, they called us and they were like, ‘Hey, we're actually short-staffed. Can we reschedule your appointment?’” she recalls. “It was really hard to find a time that we could all get together, so, no, we weren't rescheduling.”
The group eventually went into the store, and while she describes some strange interactions and staff that were “kind of standoffish and weird,” her sister-in-law eventually found a dress she liked.
However, when the dress arrived two weeks before the wedding, it did not meet her sister-in-law’s expectations.
“The dress has a slit and has a lace around the bottom that it is not supposed to have,” Courtney says, adding that her conservative sister-in-law was not happy with the changes. Regardless, she paid for the dress and wore it to the wedding.
Courtney’s mother-in-law ended up contacting the shop in order to work out what happened. After a bit of back-and-forth, during which time Courtney describes the owner as “super nice,” the owner said she was surprised about the issue, that the manufacturer sent the wrong dress, and offered to comp the $520 in alteration costs, adding a discount for the cost of the dress as she was unable to completely take the financial hit. Courtney’s mother-in-law agreed.
However, from here, things took a turn.
“Flash forward to about a week after, and she was texting with my mother-in-law and she said, ‘I'll send you a check for $200 but that's it,’” Courtney states. “And my mother-in-law was like, ‘Well, that's not at all what we discussed.’ And she was like, ‘I'm not going to argue with you. This is it. Let me know your address and I'll send you the check for $200.’”
Given this experience, Courtney took to the internet to negatively review the store. It was at this point that she was apparently threatened with legal action.
Can a 1-star review lead to a lawsuit?
Courtney shares her review in the video, which details some of the issues that were previously discussed. In response, the owner appears to have left a reply contesting the review, apparently under the belief that Courtney was the bride.
Part of this reply caught Courtney’s eye.
“You also signed the special order agreement which states any slander of the business is a $1,000 fine and all court costs be paid by you. None of your review is accurate and can be proven,” the reply reads.
Confused, Courtney looked at the agreement signed by the bride. In the agreement, there is a clause that reads, “I understand that leaving a negative Google review for any of the reasons listed above, can and will result in defamation of character to [Company Name] and I will be held liable for $1,000 per occurrence plus court and attorney fees.”
“I'm like, ‘No, I didn't sign anything. I'm literally just a customer that was here throughout this entire experience,’” Courtney says. “Apparently, she has business attorneys that she's turning this all over to, but I don't see what they could do to me now that the wedding's over.”
@court.nurse #greenscreen wedding dress shopping nightmare turning into being sued over leaving a bad review? #weddingdresshorror #weddinghorrorstory #weddingdressshopping #badcustomer ♬ original sound - Courtney NP????????????
Are provisions like these legal?
While every situation is different, in general, negative reviews are protected under the Consumer Review Fairness Act.
According to the FTC, “The Consumer Review Fairness Act (CRFA) protects people’s ability to share their honest opinions about a business’s products, services, or conduct, in any forum, including social media.”
The FTC’s page goes on to note, in part, that, “The Act makes it illegal for a company to use a contract provision that: 1) bars or restricts the ability of a person who is a party to that contract to review a company’s products, services, or conduct; 2) imposes a penalty or fee against someone who gives a review.”
From this, it would seem that this shop is in violation of the Consumer Review Fairness Act, though Courtney’s specific situation may differ.
That said, there are cases in which a 1-star review can lead to a lawsuit.
“If they’ve made things up or lied about your products and services, then the review certainly could be an example of defamation – especially because it is costing you money,” reads a page from Steve Harvey Law, LLC. “But you would have to be able to show that the review was inaccurate, as it is not defamation simply to have a negative opinion of a business.”
Courtney later posted an update explaining a bit more about the situation.
@court.nurse Replying to @endsoftheearth quickly answering some common questions and comments #part2 #fyp ♬ original sound - Courtney NP????????????
Commenters share their thoughts on this legal threat
In the comments section, users offered their opinions on Courtney’s experience.
“File a complaint with better business bureau or whoever has paid,” suggested a user.
“As long as your review is true, they can try and sue you, but they won't win,” stated another.
“Maybe take her to small claims for the dress. It’s crazy she can’t refund the $1300 but can afford those attorneys,” shared a third.
The Daily Dot reached out to Courtney via email and Instagram DM.
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The post ‘You’re not allowed to leave bad reviews‘: Woman says she’s getting sued over leaving a 1-star review. Is that possible? appeared first on The Daily Dot.