What Is or the Laws Reguardibng on Line Fake Reviews or Fake Online Good Reviews
Malicious online attacks can be devastating to you lot and your business—and review platforms like Amazon, Yelp, and Tripadvisor are no exception. Learning how to spot fake reviews and remove them is increasingly essential to protecting your concern'south reputation online.
Business owners can follow these six tips to finer spot faux reviews:
- Consult your business concern records to see if the reviewer appears to exist a existent client;
- Research the user account that published the review;
- Identify if the reviewer's account username is suspicious;
- Expect at the timing of the review;
- Analyze the review'due south linguistic communication; and
- Look for signs that the review was a professional hit job.
At Minc Law, we have proven feel helping endless clients deal with negative and faux reviews from a wide diversity of consumer review platforms. Our feel equips the states to handle the fake online business organisation reviews that are affecting you or your business organisation—and nosotros know which tactics piece of work, and which do not.
This article discusses the result false customer reviews have on businesses. We then provide tools businesses tin can apply to spot fake reviews—both negative and positive—and bargain with them earlier they inflict lasting damage to your online reputation.
The Trouble of Fake Online Reviews
It is hard to talk over the best solutions for identifying and dealing with fake reviews if y'all do not understand:
- Why they happen in the beginning place;
- The legal protections in identify for platforms that incentivize this behavior; and
- How hands false reviews tin can cause meaning damage to you or your business organization.
Fake reviews can be posted for several purposes. An unscrupulous business owner who wants to improve their company'southward reputation might create positive reviews about their own business nether several fake usernames.
Or, they may create several fake negative reviews about their competitor(s)–or pay a third party to create these false reviews for them.
Other times, fake reviews are posted by individuals who have carve up agendas also boosting their business'due south competitive advantage. Perhaps a disgruntled employee or malicious individual with a personal grudge against the business concern owner takes revenge by writing several simulated 1-star reviews designed to lower the business's average rating.
There are several scenarios in which an individual or grouping may decide to create faux negative or positive reviews about a business organization. In the finish, fake reviews are published to manipulate the online reputation of a concern or entity, either for expert or for bad.
How Do Review Platform Policies Allow Fake Online Reviews to Occur & Spread With Ease?
On review platforms, the power to utilize bearding aliases and usernames instead of people'due south real names is one of the biggest reasons fake reviews are so prevalent.
Well-nigh major online platforms let reviewers to create their accounts through whatever fictitious usernames they want, including "John Doe," "Self-Verified Patient," "A Google User," or even "Anonymous."
Some review websites require users to enter some personal information (proper name, address, phone number, etc.) when creating their account. But even in those circumstances, more often than not, only email addresses are verified.
Other than rules that allow only a single email address per account registration on a platform or spot checks by platforms showing the same IP address suspiciously logging into multiple user accounts, there are generally no other formal mechanisms that prevent a single user from creating multiple accounts on the same platform.
Given this relatively uncomplicated registration procedure, a unmarried person tin easily cause havoc by creating dozens of fake user accounts in a matter of minutes. They tin so apply these accounts to publish dozens of imitation online reviews nether different usernames creating the advent of many irate customers, without whatever 'gatekeeper' to stop such abuse before the reviews are published alive on the web.
Minc Constabulary Fake Review Tip: Many review platforms only crave an email address to annals an account— and malicious users can create an electronic mail for the sole purpose of registering an account . If you or your business concern are the targets of fake bearding reviews, nosotros recommend reading our comprehensive blog post 22 Free Tools & Tips to Identify an Bearding Online Defamer .
Robust Legal Protections Make Online Review Platforms Less Likely to Accept Down Fake Online Reviews
It is not that there is no platform or gatekeeper capable of adding layers of much-needed protection for businesses on review websites. Rather, it is that the merely capable gatekeeper is non very interested in performing that role.
For example, many review websites refuse to engage in basic quality checks of content that is published past their users. In our experience, only an farthermost minority of websites will filibuster publication subsequently a review is uploaded to ensure compliance with their Terms of Service. Normally, the moment a reviewer uploads a review to the website, it goes live on the net for all to see. Although platforms maintain full editorial control over what appears live, most are not very receptive to requests that they do that control to remove suspicious reviews because of the cost burdens to exercise so.
This trend is as well prevalent when reviews are reported and reviewed for corruption. Reporting fields for reasons to study abuse are narrow and fixed. Further, even when it is possible to submit more custom explanations and evidence that should enhance red flags and/or establish a articulate instance of abuse, information technology tin can be extremely difficult to convince platforms like Google, Yelp, or any other consumer review website to remove reviews published by a tertiary-political party user.
Many platforms also take ambitious and principled legal stances against releasing information regarding the identity of the culprit(s) voluntarily, unless they are forced to do so. Generally, unless legal action is pursued, you will not be provided with any clues to the identity of the culprit–which is frequently necessary to your instance–beyond the publicly viewable user account information.
Tin can You Sue a Review Platform For Fake Online Reviews?
It is an understandable initial reaction to a negative review to wish to sue the review website directly—merely that instinct is wrong. Consumer review websites are mostly protected under The Communications Decency Human activity (CDA), a federally enacted Internet police. Protected websites include:
- Google Reviews,
- Yelp,
- Glassdoor,
- Zillow.
Just for a few very narrow exceptions, Section 230 of the Communications Decency Human activity provides these consumer review websites with an absolute shield of immunity.
Video: What is Section 230 of the Communications Decency Deed?
Watch
The lesser line is that the website is not likely to play 'referee' on any review which claims to reflect an actual marketplace interaction considering of the robust legal protections afforded to them under Department 230. Instead, the website will straight you to take upwardly the matter in courtroom with the user straight.
The police is supposed to encourage companies to remove harmful and imitation content; however, it really appears to have the contrary result. Companies practise respond to the most egregious violations of decency and abuse, simply when it comes to everything else, they do not brand any endeavour–since they are not incentivized to practice so (or penalized for doing goose egg.
The stop effect is that these platforms default to leaving defamatory and faux reviews alone, prioritizing higher content and site engagement over protecting victims and targets.
Online Review Websites Are Bombarded With Removal Requests
To be fair, it is important to keep in mind that online review websites are routinely bombarded with removal requests and the flagging of reviews for abuse. Actively and effectively policing platforms does require a significant investment in manpower. Nonetheless, since there is well-nigh no exposure to legal liability for not engaging in better quality controls when information technology comes to defamatory reviews and content, platforms often view these safeguards as not worth the effort or expense.
Typically, a courtroom order to remove content–directed at the user who published the review–is required for an online review website to accept your removal request seriously. But fifty-fifty with such a court lodge, the website is not required to facilitate the removal itself due to the protections information technology is afforded by the Communications Decency Act.
To alleviate removal request overload, many online platforms have implemented artificial intelligence and other spam-detecting technologies to better identify and filter abusive content. For instance, Facebook transitioned from relying on contract workers to automobile learning to spot fake accounts, spam, and abusive content. This led to 99.seven% of fake accounts and spam existence blocked and/or removed before flagging for man review.
Are Imitation Reviews Illegal?
Simulated positive reviews are certainly illegal, according to Department v of the FTC Act 15 U.South. Code § 45. This statute classifies falsified promotional reviews to be deceptive advertizement meant to mislead a customer into purchasing a product.
On the other hand, fake negative reviews are usually not illegal, but they can exist defamatory. Generally, defamation is a civil matter rather than a criminal 1—meaning y'all can sue those who have spread false statements virtually you. In some states or situations, defamation, also normally referred to as defamation of character, tin can be considered a criminal offence as well. Although it is very uncommon.
For further reading explaining if libel is a law-breaking, brand sure to check out our article past attorney Andrew Stebbins explaining criminal defamation laws.
How practice Easily-Manipulated Rating Scales for Online Reviews Help Incentivize Fake Reviews?
Most online review websites and platforms base of operations their ratings on a ane- to five-star rating scale. A 1-star rating is usually the everyman possible rating, while five stars is the highest.
Businesses seek out an unblemished five-star rating, or as close to it as possible because even a slight modify in star ratings tin can have a pregnant impact on profits.
In fact, according to a 2012 study conducted past ii prominent U.C. Berkeley professors and economists, "an actress half-star rating (on Yelp) causes restaurants to sell out… 49% more frequently."
The 2012 study also found that a mere 0.02-indicate drop in a Yelp average star rating tin can have a potentially catastrophic effect on a concern. Consider two hypothetical restaurants, one with a 3.76-star rating and one with a 3.74-star rating on Yelp. The review platform automatically rounds the three.76-star rating up to 4 stars, while the 3.74-star rating is rounded downwardly to 3.5 stars.
1 tactic nosotros have seen competitors use to negatively impact a business is creating simulated reviews to lower its average star rating. They know if an average star rating is depression enough, about consumers volition not even bother to read the actual reviews or conduct any other research. Potential customers will simply movement on and shop elsewhere.
The ability of imitation reviews to damage a business's lesser line (combined with the lack of consequences for creating a simulated review) makes the weaponization of these platforms far too easy. Review platforms are now a prime target for those who wish to scam businesses or wreak every bit much havoc equally possible through faux reviews.
How to Spot Fake Reviews
Businesses and professionals who pay careful attention to their online presence often have a very good sense of reviews that are and are not true. If at that place is whatsoever cause for concern in either form, substance, or timing of the review, there likely is legitimate cause for suspicion.
When it comes to spotting imitation online reviews, there is no clear pattern or roadmap to definitively identify them; they come in various forms and patterns. The all-time advice is to trust your gut.
In our experience, the acme overall tell is more often than not that the review does not look or feel right. Regardless of if the review is positive or negative, a suspicious review does not sound like a genuine customer interaction.
Beneath, we provide a few tips for identifying both negative and positive reviews.
ane. Consult Your Business Records
Maintaining detailed concern and authoritative records is not only useful for compliance with internal and external regulations. When you observe a suspicious online review, use your customer database, transaction history, and complaint files for verification.
Enquire yourself the following questions:
- Does the username match or closely resemble the proper noun of any legitimate customer?
- Did any transaction close to the ane the reviewer describes actually happen?
- Does the negative feel relayed in the review reflect that of any customer complaint you take on file?
If non, the review may very well exist false.
2. Inquiry the User Business relationship From Which the Review Was Published
To discern as much information equally possible, click on the user business relationship'due south contour. From in that location, you lot are by and large able to encounter how many contributions that user has made to the platform.
Continue an eye out for the post-obit red flags:
- Accounts that were created on the same day equally the review; and/or
- Accounts that have minimal or no activeness outside of the review of your business.
While information technology does not mean the review is definitively fake, the posting of a single, negative review from a newly created business relationship is certainly a mutual modus operandi (1000.O.) employed by those who weaponize online reviews.
3. Place Suspicious Account Usernames
Ane tactic fake reviewers use is to anonymize the name of the alleged customer in a repeatable mode, such as "Mike P." or "Danny F."
Or a fake reviewer may post under a sarcastic username or moniker. For example, the designation of usernames such as "Jack Kanoff," "Ben Dover," "Seymore Butts," and other names with a comical play on words seems to exist a temptation fake online reviewers have problem resisting.
Sarcastic and questionable usernames may likewise be accompanied by a "humorous epitome" or stock photo. Conducting a reverse image search on Google is an effective way to identify the source from where a profile's picture or avatar was copied.
To conduct a reverse image search on Google:
- Upload a picture to Google Images,
- Drag and drop a picture in Google Images, or
- Search Google Images with a URL.
4. Look at the Timing of the Reviews
If your business organisation has a fairly steady five-star rating and suddenly starts receiving a spat of one-star reviews, that sudden modify may be cause for concern. If a negative review is published in any regular interval (daily, weekly, monthly, etc.), that development would also be worthy of suspicion.
And if the reviews are published during the hours of the day when the bulk of your customers would normally be sleeping, such timing should give you some serious misgivings.
5. Clarify the Linguistic communication of the Reviews
Next, cheque the wording of the review for signs of inauthenticity. Fake negative online reviews tend to:
- Inaccurately describe your services or products (other than general statements of dissatisfaction);
- Straight or indirectly promote a competitor;
- Contain inflammatory rhetoric; and/or
- Utilise improper grammar.
If the review is positive, identifying a imitation one is done by viewing information technology from the reverse perspective. The goal of a false positive review is to talk up the brand and convince readers to buy from that visitor, regardless of reality.
In the case of a positive review, the business likely hired a professional to give a glowing review of an alleged customer feel. Expect for telltale signs of a professional poster, such as:
- Did the user post multiple positive reviews in a brusk period of time for like products or the same company?
- Is the language exceptionally humorous or sarcastic?
- Is it a well-written, entertaining read?
If so, the review may not be an honest i from a legitimate customer.
vi. Professional person Review Hit Jobs
In a pocket-size number of cases that our house has handled, nosotros have discovered that some fake online reviews are attacks perpetrated by a professional person review "hitman" or agencies, hired by a competitor.
These hit jobs are often outsourced to people and agencies outside of the United States. One obvious indicator of a review hit task is that the reviews are ofttimes vague and may exist written in broken English with grammatical errors that are not only typos.
Nosotros have even had cases where we discovered shady Facebook groups or groups on other social networks that human activity equally "review exchanges." Members of these groups (many of whom are presumably unethical online reputation management professionals) agree to postal service positive reviews for each other'south clients. They too sometimes agree to post negative reviews for clients' competitors.
How to Spot Fake Reviews Using Online Tools
There are a few tools available on the market that permit users re-create and paste a product page's URL into their platform. So, these tools use an algorithm to class the reliability of information and reviews on that page. Nosotros listing a few of the near pop tools beneath.
*We at Minc Police take not tried or reviewed whatever of the below services. The following should not be viewed every bit an endorsement. However, based on our enquiry we take found the beneath online tools to be some of the most popular for spotting online reviews.*
Fakespot
Fakespot is one of the about pop review analyzers on the market. Information technology lets users test the reliability of production pages on sites like Amazon, eBay, Shopify, and Walmart. The tool is available every bit a Chrome extension, a mobile app, and a desktop webpage.
TheReviewIndex
TheReviewIndex comes in Chrome and Firefox extensions. It is a unproblematic tool that runs a spam test on a production page URL for potentially fake reviews, giving a Laissez passer or Fail grade every bit a consequence.
ReviewMeta
ReviewMeta is an analyzer that filters out reviews on an Amazon product page that it views as unreliable or suspicious. Users can adapt the tool's grading algorithm to their liking.
ReviewMeta also aggregates its own star rating for an Amazon production based on the remaining unfiltered reviews.
What Can & Should Be Washed Nigh Fake Online Reviews?
Once you have identified a review equally fake, or have legitimate suspicion that information technology is fake, knowing how to remove it is crucial. Again, the website is not probable to help. The best practice, whether from a legal or business perspective, is e'er to act chop-chop.
What Are Your Options When Dealing With Imitation Online Reviews?
Handling an onslaught of false reviews takes immediate activeness, preservation of prove, and determination. Use the following strategies to deal with faux customer reviews:
- Preserve the evidence,
- Flag and report the review,
- Unmask the anonymous reviewer,
- Search and monitor similar online platforms, and
- Certificate evidence of any damages caused by the defamation.
Nosotros delve farther into each strategy below.
Preserve, Preserve, Preserve
Always preserve the review in question as an initial step. While more sophisticated preservation software is bachelor, taking a screenshot or using a snipping tool (or even CTRL+PrtScr) are gratis and constructive ways to preserve vital evidence y'all may need down the road.
We recommend preserving the following testify:
- The review itself;
- The URL where the review is located;
- Any user account or contour folio;
- Where the review or review page appears in your internet search results; and
- Your electric current boilerplate star- or point-rating with the review.
Fake negative reviews can be extremely dissentious to your business. Litigation may be necessary to identify the anonymous reviewer, stop future inauthentic reviews past that individual, and compensate you for your losses. In that circumstance, contacting an experienced Internet defamation removal attorney is essential.
At Minc Law, we utilize professional preservation software tools—such as Page Vault and Visualping—to document online defamation and malicious internet attacks. Both Folio Vault and Visualping ensure a proper evidentiary foundation and plant a "chain of custody."
These steps are critical in the digital age where whatever named defendant can just delete the review and spoil the bear witness.
Flag & Report the Review
If you lot suspect a review is faux (whether negative or positive), it is recommended that yous flag and study it to the platform where it was published. Call back of flagging a review every bit a nudge to the platform that something is amiss.
For example, to flag fake Google reviews, but:
- Navigate to your Google My Business folio or search your business in Google Maps;
- Locate the questionable Google review;
- Click the grey flag or iii dots to the right of the review;
- Classify its violation blazon (advertising, spam, hateful, inappropriate, off-topic, conflict of interest);
- Provide your email address; and
- Submit.
Practise not merely flag a review considering yous disagree with its content. In the case of a negative review, this action can beal the situation if you plough out to be dealing with a legitimately dissatisfied client. Instead, try to approach that customer directly to resolve the issue or concern.
While flagging a suspicious review is a fairly easy process, information technology is usually ineffective, particularly in the example of a simulated review.
Some platforms offering an option to escalate a dispute if your report is initially rejected. Just when escalating a written report of abuse or other violation of the Terms of Service, it is important that you carefully and properly nowadays your argument. You lot usually only take one shot at this process, and once a decision is made, it is terminal.
At Minc Law, we strongly recommend against going at this process alone. An experienced net defamation attorney tin assist you properly explain:
- What evidence supports the suspicion that the review in question is false; and/or
- How information technology violates the platform'due south policies and review guidelines.
Just if all non-litigation efforts are rejected, it is time to consider a lawsuit confronting the author of the review.
Unmask & Place the Bearding Reviewer
If the false consumer reviews in question are highly damaging or ongoing, you may demand to unmask (place) and sue the anonymous poster responsible. Filing a John Doe lawsuit is unremarkably an available selection when a reviewer'southward identity is unknown. John Doe lawsuits enable y'all to file your lawsuit against an unnamed accused and and then unmask the reviewer's identity through the discovery process.
Many complex legal considerations attach to John Doe lawsuits, such as the best jurisdiction in which to file the lawsuit for both the discovery procedure and ultimate relief. Nosotros strongly recommend reaching out to an experienced Cyberspace attorney to assist with this blazon of consumer review removal.
Search & Monitor Similar Online Platforms
Just because y'all have establish and successfully identified a fake review on one website, it does non mean you should conclude your investigation. Look for similarly suspicious activity on other platforms.
Make sure to conduct a thorough Google search of your or your business'due south name. Go several pages back in the search results using specific keywords that may be used in a suspicious negative review. Several common specific keywords to include in your search are "scam," "cheater," "fraud," "ripoff," and "liar."
We besides recommend setting upward a free Google Alerts account to monitor your online presence. For instance, Google Alerts enables you to "create alerts" and receive notifications someday you, your business organization, or inputted keywords are mentioned anywhere in Google Search. Or you may want to consider engaging with a more sophisticated internet monitoring service, such every bit Minc Law's digital run a risk protection service.
Document Show of Damages
A key chemical element to any defamation claim is proving that you lot, the plaintiff, suffered damages as a result of the imitation statement(s) in question.
To succeed in your defamation claim, information technology is critical that yous document all evidence of the damages incurred by you or your business. If y'all cannot prove that you were harmed past the false review(s), then your available remedies in a court of law volition be quite express. Sometimes those remedies may exist outright precluded.
If you are a healthcare professional or own a medical practice that is the target of negative or fake online reviews, there are special regulations and standards, such equally HIPAA, that make it difficult to answer in an effecive affair. It is our recommendation to never respond to medical reviews online, due to the many customer information protection violations that could be breached in doing so. In the below video, chaser & founder Aaron Minc walks yous through best practices for how to respond to medical online reviews, including factors you should consider before filing lawsuit over the review.
Video: How Medical Professionals Can Remove & Respond to Negative Patient Reviews
Watch
How Does the Law Protect Confronting Fake Online Reviews?
Every bit mentioned above, misleading imitation positive reviews are illegal under Section v of the FTC Act 15 U.Southward. Code § 45. If a false and misleading testimonial is discovered by a federal bureau, state chaser general, or platform, the perpetrator may be bailiwick to upwardly to a $x,000 fine.
If you lot were misled into making a purchase due to rampant fake positive reviews, or believe a competitor is engaging in these actions, you may be able to sue the company on your own or enlist the help of a class activeness attorney to help build a strong example against the perpetrator.
And equally for faux negative reviews posted near your business, you may have the option to file a defamation lawsuit against them. To sue for a bad review, you will need to bear witness that a legal wrong has occurred past demonstrating that the review:
- Was non based on an actual feel of a client,
- Expressed matters of verifiable fact (non opinion),
- Was published and can be viewed by the public,
- Is "of and concerning" your business—and a reasonable person would understand that the false review is virtually your business organisation, and
- Acquired your business concern to suffer amercement due to the defamation.
Minc Law Defamation Tip: Suing is not necessarily your only remedy if you detect yourself being attacked past simulated and dissentious statements online. Defamation end and desist letters are ofttimes a pop alternative to a defamation lawsuit (when y'all know the reviewer's identity). Such a letter would firmly ask the reviewer to remove the negative review and cease any further acquit regarding your business organisation.
How Platforms Are Fighting Back Against Fake Online Reviews
If the false review is made on a large platform similar Amazon, eBay, or others like information technology, you should generally try reporting the review. Amazon and Yelp both take a history of suing companies and reviewers for posting fake positive reviews.
Understandably, a large number of fake reviews are detrimental to businesses like Amazon and Yelp, whose consumers trust reviews to make buy decisions. It is in the platforms' best interests to crack downwardly on fake reviews.
How to Hire an Attorney to Help You With Simulated Online Reviews
If you find yourself in demand of legal help in dealing with false reviews online, it is critical to hire an attorney who specializes in internet defamation. Just as yous would not desire to hire a plumber to fix your electrical outage, you should not rent a family law chaser to handle your online defamation instance.
It is generally possible to find the right chaser for your instance using one of several methods, such equally:
- Consulting your local legal help society,
- Checking with your local bar association,
- Asking friends, family, and colleagues for referrals, and
- Looking on online databases such as Avvo, Martindale-Hubbell, and Lawyers.com.
If you are considering hiring a defamation attorney, we recommend using our 33 step checklist to enable yous to ask the right questions and cull an attorney and/or constabulary firm that is right for your internet consequence.
At What Point Should a Lawyer Assist Y'all with Your Fake Online Review Difficulties?
If you see more than one suspected imitation review in the aforementioned 90-24-hour interval period, at that place is a loftier likelihood that the negative reviews volition continue happening.
You may want to seek legal help with your online review result immediately if yous are unable to have the review(s) removed through self-help methods.
How Minc Law Tin Help Y'all With Fake Online Reviews
Being the target of negative faux reviews tin be devastating to your concern. When such attacks happen, they often feel out-of-the-blue—and it can exist difficult to know how to react.
★★★★★
"Minc Law did an outstanding job on our case, particularly Daniel and his squad. They guided us through the entire process of unveiling the private who was defaming our business organisation online, and then all the way through to getting a satisfactory settlement. They ever returned calls and offered sound advice for whatever came up during our instance. If I ever need these types of services over again, I will definitely go to them first."
-Jason Moore, May 12, 2021
At Minc Law, dealing with defamatory attacks online is at the heart of what we do. Our police force firm has helped thousands of clients remove over fifty,000 pieces of content, and we can help you, too.
To learn more nigh your options for handling fake online reviews that are affecting your business, contact us for a consultation past calling (216) 373-7706, speaking with a Chat Representative, or filling out our online contact form.
Source: https://www.minclaw.com/spot-fake-online-review/
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