In short: A Florida business can sue for defamation when a review or post states false facts that damage it. A harsh opinion is not enough. Fake reviews, invented accusations of fraud or crimes, and coordinated attacks can be actionable. Platforms are usually immune, so the claim is against the author, and evidence must be preserved early.
A Tampa restaurant drew national news coverage for suing over online reviews. The coverage was mostly about whether a business should sue a customer at all. The legal question is narrower: did the review state false facts?
Opinion Is Protected
"Rude staff, cold food, never again" is opinion. Courts will not let a business sue over criticism. What crosses the line is a factual claim that can be proven false: "they charged my card twice and refused to refund it," "the owner is a convicted felon," "they use expired meat." If it’s false and it caused harm, it can be defamation.
Businesses Can Be Defamed
A corporation or LLC can bring a defamation claim. A business may also have a claim for injurious falsehood (trade libel) when false statements disparage its products or services and cause a specific financial loss.
Fake Reviews
A review written by someone who was never a customer, or by a competitor, is a different problem. The Federal Trade Commission’s rule on fake reviews and testimonials (16 C.F.R. Part 465, effective October 21, 2024) prohibits writing, buying, or selling fake reviews. The FTC enforces it; it doesn’t give you a private lawsuit, but it shows a fake review is not protected opinion.
What Not to Do
- Don’t put a non-disparagement clause in a form customer contract. The federal Consumer Review Fairness Act (15 U.S.C. § 45b) voids them and exposes the business to enforcement.
- Don’t respond in anger. A public reply that reveals customer information or makes your own false statements creates new problems.
- Don’t assume the platform will act. Platforms are generally immune for user content (47 U.S.C. § 230) and usually remove content only under their own policies or a court order.
What to Do
- Preserve the post: screenshots with the URL, date, account, and every comment.
- Document the loss: sales data before and after, canceled orders, customers who mentioned it.
- Check the facts: was this a real customer? Is the factual claim provably false?
- Consider a written demand to the author. Many disputes end there.
Employees Defamed at Work
False accusations against an employee by a co-worker can be defamation, but statements made in the course of business between people with a shared interest can carry a qualified privilege. The privilege is lost if the speaker acted with express malice. One of the appellate arguments below asks whether that privilege can be decided on a motion to dismiss.
Watch: the videos behind this article
Defamation 101 for Business Owners | What You NEED to Know & How to Fight Back
Can businesses sue for defamation in Florida?
Tampa Pizza Shop SUES Over a Bad Review?! | What Every Business Owner MUST Know
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments over defamation claims involving a business promotion and an employer, posted on the channel. An argument is not a ruling: read the written opinion before relying on any outcome.
Sold as a Latin Music Festival, Planned as a "Cuban Woodstock" — Then a Defamation Verdict
Murphy v. Charter Schools USA | 3DCA 12-3190 | Defamation, Slander & IIED | FL 3d DCA Oral Arg.
Go Deeper
Frequently Asked Questions
Can a business sue over a bad review in Florida?
Only if the review states false facts that damage the business. Negative opinions are protected speech.
Are fake reviews illegal?
The FTC rule at 16 C.F.R. Part 465 prohibits fake reviews and buying or selling them. A fake review stating false facts can also support a defamation claim against its author.
Can I make customers agree not to post negative reviews?
No. The Consumer Review Fairness Act voids non-disparagement clauses in form consumer contracts.
Will Google or Yelp remove a defamatory review?
Sometimes, under their own policies. Platforms are generally not liable for user content, so a court order against the author is often the reliable path.
Talk to a Florida defamation lawyer
Weidner Law, P.A. handles Florida defamation and online-harassment matters from St. Petersburg. If you need a defamation lawyer in St. Petersburg to review what was said, where, and what it cost you, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida rule and statute is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
