Houston Law Firm Wins Appeal to Sue Over Fake Online Reviews
In a recent ruling by the Ohio Fifth District Court of Appeals, a Houston law firm has been granted the right to sue for defamation over alleged fake online reviews posted on its Google business page. The Amaro Law Firm, led by lawyer R. James Amaro, claimed that 99 three-star reviews tarnished its reputation, leading to a legal battle that has now resulted in a favorable decision for the firm.
The court’s decision allows the law firm to pursue defamation claims for 62 of the reviews, specifically targeting those that contained false information about interactions or experiences with the firm. Reviews that were deemed as mere opinions, such as subjective evaluations or positive feedback, were not considered actionable by the court.
The lawsuit brought by the Amaro Law Firm highlighted reviews that made claims of “no follow-up,” “never called me back,” “no communication,” and other statements suggesting a lack of responsiveness from the firm. Additionally, reviews that falsely portrayed the writers as clients, with phrases like “no idea what is going on with case,” were also included in the defamation claims.
Prior to the appearance of the negative reviews in 2022, the Amaro Law Firm had amassed over 1,500 positive reviews and maintained a perfect five-star rating. This high rating positioned the firm at the top of Google search results for personal injury firms, making the impact of the fake reviews particularly damaging to its reputation.
The reviews in question were traced back to an IP address associated with an Ohio residence, leading to the identification of two individuals who became the defendants in the lawsuit. The defendants argued that the reviews were protected under the First Amendment as expressions of opinion, but the appeals court disagreed and allowed the defamation claims to proceed.
In its ruling, the appeals court emphasized the specificity of the actionable reviews, referring to them as “no communication reviews” and “client language reviews.” These reviews contained clear and unambiguous statements that could be verified as true or false, making them eligible for defamation claims according to the court.
While the defendants attempted to have other causes of action, such as invasion of privacy and tortious interference with business relations, dismissed alongside the defamation claims, the appeals court upheld these claims as well. The court’s decision to reverse the trial judge’s dismissal in December 2023 marks a significant victory for the Amaro Law Firm in its pursuit of justice against fake online reviews.
Moving forward, the firm will continue to seek legal recourse against those responsible for the damaging reviews, with the appeals court’s ruling serving as a crucial step in the fight against online defamation. As the case of Amaro v. DeMichael unfolds, the legal battle over fake online reviews sets a precedent for the protection of businesses against malicious attacks on their reputation in the digital age.
