What To Do If A Customer Leaves A Fake Review

Finding a review that feels completely untrue can be gutting. You might be looking at a 1-star Google review from someone you don't recognise, a post that gets basic facts wrong, or a comment that accuses your business of something serious.

It's tempting to fire back straight away, especially when the review is sitting there for every potential customer to see. But the first few moves matter.

If a customer left a fake review, what you do next should usually follow a calm escalation pathway: preserve the evidence, check whether the reviewer could be real, ask the platform to remove it, respond carefully if needed, then consider a legal letter where the facts and risk justify it.

What Should You Do First If A Customer Left A Fake Review?

You should first take screenshots, preserve the details and avoid posting an emotional response. Your goal is to keep the best possible record before anything is edited or deleted.

A review can change quickly. The reviewer might edit their comment, delete their profile, or add more allegations after you respond. If you later need to report it to a platform, write a formal letter, or get legal advice, your evidence will be much stronger if you captured it early.

Evidence To Save Straight Away

• The full review, including the star rating, username and profile picture if visible.
• The date and time you saw it, and the platform it appeared on.
• Any screenshots showing the review's position on your listing or page.
• Your customer records, booking logs, POS records, invoices or emails showing whether the person dealt with your business.
• Any CCTV notes, staff notes or incident reports if the review mentions an event at your premises.
• Any earlier messages from the person, especially if there was a refund request, threat to leave a bad review, or dispute.

Say you run a cafe in Brisbane and a reviewer called Sam posts that they got food poisoning after eating your seafood pasta on 3 March. You check your menu and POS records. You didn't serve seafood pasta at all that week, and there's no transaction under that name or matching the amount they describe. That doesn't automatically prove the review is fake, but it gives you a much clearer basis to challenge it.

Before you take action, separate what you know from what you suspect. For example, you may know there's no customer record under that name. You may suspect it's a competitor, but unless you have evidence, be careful about saying that publicly.

Can You Ask Google Or Another Platform To Remove A Fake Review?

Yes, you can usually report or flag a fake review through the platform's own process, but removal isn't automatic. Platforms tend to remove reviews that breach their policies, not every review you disagree with.

For example, a platform may remove a review if it appears to be:

• From someone who never used or interacted with your business.
• A conflict of interest, such as a competitor, staff member or someone paid to post.
• Spam, harassment or abusive content.
• Impersonation or content from a fake profile.
• Off-topic content that's really about politics, personal disputes or something unrelated to your products or services.
• Content containing private information, threats or hate speech.

When you report the review, keep the complaint factual. Platforms don't need a long legal argument. They need a clear reason the review breaches their rules.

What To Include In A Platform Complaint

• Identify the review and reviewer name exactly as it appears.
• Explain why you believe the review is fake or policy-breaching.
• Refer to specific facts, such as no booking, no invoice, no staff member by that name, or the product was never sold.
• Attach screenshots or records where the platform allows it.
• Avoid accusing the reviewer of fraud or criminal conduct unless you have clear evidence.

If the review is on Google, you can flag it through your Business Profile and may also be able to use Google's review management tools. For other platforms, check the reporting process for that site. Keep a copy of every report you submit, including the date and wording.

If the platform refuses to remove the review, that doesn't mean you're out of options. It just means you'll need to decide whether to respond publicly, send a direct request, or get advice on a legal letter.

Should You Respond Publicly To A Review You Think Is Fake?

It depends, but if the review is already visible and removal may take time, a short and careful response can help protect your reputation. The aim isn't to win an argument. It's to show future customers that you're calm, fair and professional.

Your response can create legal risk if it goes too far. Under the Australian Consumer Law, your business must not engage in misleading or deceptive conduct. That means your public reply shouldn't overstate facts, hide relevant context, or make claims you can't back up.

You also need to think about defamation risk in the other direction. If you publicly call someone a liar, scammer, extortionist or competitor without proof, you may create a fresh dispute.

A Safer Response Structure

• Thank the person for raising the matter, even if you dispute it.
• Say you can't match the review to your records, if that's true.
• Invite them to contact you privately with details so you can investigate.
• Avoid personal attacks, threats or long explanations.
• Don't reveal personal information about the reviewer or your staff.

For example, you might say: We take feedback seriously, but we can't match this review to any booking or order in our records. Please contact us with the date, name on the booking and receipt number so we can look into it properly.

That kind of response signals that you're taking the issue seriously without making risky claims you may later regret.

If the review alleges something serious, such as unsafe food, illegal conduct, discrimination or dishonest billing, get advice and check any relevant insurance policy before posting a detailed response. The wrong public reply can make the issue bigger and harder to resolve.

Is A Fake Review Defamatory In Australia?

It can be, but the answer depends on what the review says, who it's about and how your business is structured. A review is more likely to be defamatory if it contains false statements that would seriously harm someone's reputation.

Australian defamation law is mostly dealt with under uniform state and territory Defamation Acts. Since the modern reforms, a plaintiff generally needs to show serious harm to reputation. There's also a required step before court action: a concerns notice is usually sent first, and the recipient has 28 days to make an offer to make amends.

For small businesses, the company issue is especially important. In Australia, most corporations can't sue for defamation. An exception may apply to an excluded corporation, which generally includes a not-for-profit corporation or a corporation with fewer than 10 employees that isn't related to another corporation.

If you trade as a sole trader, partnership or small company, the position may be different. Also, even if the company itself can't sue, a review may defame an identifiable individual, such as you as the owner, a director, or a staff member.

What Counts As A Defamatory Review?

A review might raise defamation concerns if it falsely says your business or a named person:

• Stole money from a customer.
• Committed fraud.
• Sold unsafe or contaminated products.
• Used unlicensed staff where a licence is legally required.
• Harassed, abused or discriminated against a customer.

On the other hand, a review that says the coffee was cold, the service was slow, or the customer didn't like the result may be an opinion, even if you think it's unfair.

Defamation can get technical quickly, especially because there are defences such as honest opinion, truth and qualified privilege. If the review is seriously damaging, get tailored advice before sending threats or making public allegations.

Can The Australian Consumer Law Help With Fake Reviews?

Yes, but it depends on who posted the review and why. The Australian Consumer Law is most useful where the fake review is connected to trade or commerce, such as a competitor posting false reviews about you or arranging fake positive reviews for themselves.

The Australian Consumer Law, contained in Schedule 2 of the Competition and Consumer Act 2010, prohibits misleading or deceptive conduct and false or misleading representations. The ACCC has also taken a clear interest in online reviews, testimonials and ratings because they affect customer choices.

If a genuine customer posts an angry review in their personal capacity, the Australian Consumer Law may not be the main tool. Defamation, platform removal, direct negotiation or other legal options may be more relevant.

But if a competitor, former contractor or marketing agency is involved in fake reviews as part of business activity, the Australian Consumer Law may matter a lot.

Be Careful With Your Own Review Practices Too

When you're dealing with a fake review, it's worth checking your own systems as well. Your business should not:

• Write fake positive reviews about itself.
• Ask staff, friends or family to post reviews without disclosing their connection.
• Offer incentives for positive reviews without making the incentive clear.
• Delete or suppress only negative reviews while presenting ratings as balanced and independent.
• Use customer testimonials in advertising if the result is misleading.

Your contracts also need care, especially if you have not had a recent contract review. Some businesses try to stop customers leaving negative reviews through broad gag clauses. That can backfire. If your customer terms or refund policy are standard form contracts, unfair contract terms laws may apply. Since 9 November 2023, unfair contract terms can attract significant penalties, not just be declared void.

A better approach is to have a fair complaints process, clear customer terms and a practical review response policy.

When Should You Send A Cease And Desist Letter?

You should consider a cease and desist letter when the review is clearly false, harmful and removal requests haven't worked, or when you need the reviewer to stop repeating the same allegation. The letter should be firm, but it shouldn't be a bluff or an angry threat.

A well-drafted letter can ask the reviewer to remove or correct the review, stop publishing similar statements, preserve evidence and communicate through a clear channel. If the issue is potentially defamatory, the letter may also need to work as, or sit alongside, a defamation concerns notice.

Templates can be risky here because a legal letter needs to match the facts, the platform, your business structure and the type of claim. A letter that overreaches can make the reviewer defensive, encourage them to post more, or create legal risk for your business.

Cease And Desist Letter Outline

This isn't a finished document, but these are the sections a lawyer would usually think about tailoring before it's used:

1. Sender And Recipient Details: Identify your business, the reviewer and any known account names.
2. Background: Set out the relevant dealings, or explain that you have no record of any dealings.
3. The Review: Quote the words complained about and state where and when they were published.
4. Why It Is False Or Harmful: Explain the facts that contradict the review and the reputational impact.
5. Legal Basis: Refer to defamation, misleading conduct or other relevant grounds where they genuinely apply.
6. What You Want: Ask for removal, correction, an apology or a promise not to republish, depending on the situation.
7. Deadline For Response: Give a clear deadline that makes sense for the urgency and legal pathway.
8. Evidence Preservation: Ask the recipient not to delete messages, drafts or records connected to the review.
9. Next Steps: State that you may seek further legal advice if the matter isn't resolved.

Cost will usually depend on how complex the facts are, whether the reviewer is identifiable, how serious the allegations are and whether defamation issues need to be handled carefully. A free template may be cheap but can miss key points. An online fixed-fee service can give you clearer scope and price up front. A traditional firm may bill by the hour, which can suit complex or urgent matters but may be harder to budget for.

What If The Reviewer Is A Competitor, Former Staff Member Or Anonymous Account?

If the reviewer appears to be a competitor, former staff member or anonymous account, you should gather evidence before making accusations. The legal pathway can change depending on who is behind the review.

A competitor posting fake reviews may raise Australian Consumer Law issues because the conduct may be in trade or commerce. If they're pretending to be customers, that can also support a stronger platform complaint.

A former staff member may raise extra issues. You might need to check their employment contract, confidentiality obligations, social media policy, any employee share plan documents and any post-employment restrictions. You should still be careful not to publicly name or shame them without proof.

An anonymous review is frustrating, but not hopeless. You can still:

• Report the review to the platform with the evidence you have.
• Look for matching names, dates, language or details in your customer records.
• Check whether the same account reviewed competitors or related businesses.
• Keep screenshots of the account profile and review history.
• Get advice before trying to identify the person through formal legal channels.

Mike runs a cleaning business in Melbourne. One Friday, three 1-star reviews appear within 20 minutes, all saying his team stole jewellery from jobs. Mike checks his job records and sees none of the reviewer names match clients. One profile has only reviewed cleaning businesses in his suburb and gives 5 stars to a direct competitor. Mike screenshots the profiles, exports his booking records for that week, reports each review as a conflict of interest and asks a lawyer to draft a targeted letter to the competitor rather than posting a public accusation online.

That kind of measured approach gives Mike a much better chance of getting the reviews removed and protecting his position if the dispute escalates.

Key Takeaways

• If you receive a review you believe is fake, save evidence before you respond or report it.
• Platform removal requests work best when you point to specific policy breaches and clear facts.
• A public response should be short, calm and accurate, without personal attacks or claims you can't prove.
• Defamation may be relevant, but Australian rules around serious harm, concerns notices and small company eligibility can affect your options.
• The Australian Consumer Law may help where fake reviews are connected to competitors or business conduct.
• A cease and desist letter should be tailored to the facts, especially if it may also operate as a defamation concerns notice.

If you'd like help with reviewing a fake review, preparing a platform complaint, drafting a cease and desist letter, or tightening your customer terms and review policies, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.