Most restaurant owners have had this experience at least once. You check your Google or Yelp page before service and find a one-star review claiming that a guest got sick from your fish. You know it isn’t true. You may not even be able to find a record of the guest’s visit. A review like that can cost real business, especially in a slow season.

Many owners assume there is nothing to be done, because reviews are opinions and the platforms rarely take them down. Often, letting a review go or posting a short, professional reply is the right decision. But New York law does distinguish between a customer describing a bad experience and someone making false statements of fact that damage a business. Knowing where that line falls helps you decide whether to respond, report the review, or seek legal advice.

Opinion versus false statements of fact

A review is not unlawful simply because it is harsh, unfair, or bad for business. Courts generally protect statements of opinion, meaning statements that cannot be proven true or false. For example:

• “The steak was flavorless.”
• “Service was slow and our server was rude.”
• “Overpriced for what you get.”

You may strongly disagree with comments like these, but they are generally protected.

The analysis changes when a reviewer presents something as fact, the statement is false, and it harms your reputation. That may support a defamation claim. False statements about food safety are particularly damaging because they go directly to whether people will eat at your restaurant. Examples include:

• “I got food poisoning and ended up in the emergency room,” when your records show the reviewer never ordered from you that night.
• “The kitchen has rats and the cooks don’t wash their hands,” when your inspection history shows otherwise.
• “The manager threw a glass at our table,” when your receipts and camera footage show no such visit.

Wording and context matter a great deal. Whether a court treats a statement as fact or opinion depends on how it is phrased and where it appears. That is usually the first question we look at.

Coordinated or fake reviews

Sometimes the problem is not one unhappy guest. It is a group of one-star reviews posted in a short period by accounts with little or no history. That pattern can point to a competitor, a former employee, or a paid review service.

The Federal Trade Commission has adopted a rule addressing fake reviews, including reviews attributed to people who were never customers. The FTC enforces that rule; it does not give individual businesses a right to sue. A demand letter that refers to it may still carry weight with whoever is responsible.

Be careful before filing a lawsuit

When a review is false, the natural reaction is to sue. We encourage owners to slow down. New York has a strong anti-SLAPP law that protects speech on matters of public interest, and reviews of a business open to the public may qualify. If a court finds that a lawsuit over a review lacked a substantial basis, the business that brought it may have to pay the reviewer’s attorney’s fees. A lawsuit over a statement a judge sees as opinion can cost far more than the review itself.

That does not mean a lawsuit is never appropriate. It means the decision should be made deliberately, with the evidence in hand.

Speak with counsel before you act

Most negative reviews are best handled with a calm, professional response. If a review makes specific false claims about your food, your kitchen, or your staff, however, you may have options, and the order in which you pursue them matters. Our office regularly represents restaurant owners, and we understand how much a single false review can affect a business that depends on its reputation. If you are dealing with a review like this, please contact our office to discuss the post and your options.

Please subscribe to this blog to receive email alerts when new posts go up.

DISCLAIMER: This blog post is for informational purposes only and does not constitute legal advice. The information provided is general in nature and may not apply to your specific situation. Workplace surveillance, employment, and privacy cases are highly fact-specific, and the laws governing such cases can be complex and subject to change. Nothing in this article creates an attorney-client relationship, and you should not rely on this information as a substitute for professional legal counsel. If you believe your employer’s monitoring practices are unlawful, retaliatory, or discriminatory, you should consult with a qualified employment attorney who can evaluate the specific facts of your case and provide personalized legal advice based on current law and your individual circumstances. Deadlines for filing claims can be extremely short, so prompt consultation with an attorney is critical to preserving your rights.