In today’s digital age, online reviews can significantly impact a business’s reputation. While it’s natural to feel frustrated by a negative review, especially if you believe it’s untrue, filing a lawsuit in Florida may not be the best course of action. While defamation claims can be legitimate in some cases, Florida’s anti-SLAPP statute includes strong protections for free speech—particularly when that speech relates to matters of public concern.
Under the anti-SLAPP statute, a business owner who files a lawsuit that’s deemed to suppress lawful speech can be on the hook not just for their own legal costs, but for the other side’s, too.
Here’s what every Florida business owner should know before suing a customer over a bad review.
What is an Anti-SLAPP Law?
SLAPP stands for “Strategic Lawsuit Against Public Participation.” These lawsuits are often filed not to win on the merits, but to intimidate or burden someone who spoke out publicly.
To deter that, Florida Statute § 768.295 prohibits lawsuits that are filed “without merit and primarily because” a person exercised their constitutional rights, such as free speech on public issues, the right to petition the government, or the right to peacefully assemble. The law gives defendants the right to file for an expedited dismissal, and if the court agrees, it must award attorney’s fees and costs to the prevailing party. In short, the statute protects lawful speech and discourages misuse of the legal system to silence criticism or public participation.
While often applied in the context of online reviews, it also protects broader forms of public speech, including those made during government proceedings or in media coverage.
What kind of speech is protected?
Florida’s anti-SLAPP law protects two main categories of speech:
- Speech made before a governmental entity, like testifying, filing a complaint, or communicating with a regulatory board;
- Speech on a matter of public concern, especially in public forums like social media, review websites, or news outlets.
This means that online reviews about your business—especially those touching on customer safety, service quality, or pricing—may qualify as protected speech under the law.
Can you sue over a bad review?
Let’s say a client leaves a Google review claiming that your med spa was unsanitary and the staff was rude. You believe the statements are outright false and damaging to your business. If the review reflects subjective opinions (like the “place felt dirty” or “the staff seemed rude”), courts will likely treat it as protected speech under the First Amendment. Additionally, if the review addresses customer-facing services or raises issues of public concern, it may be considered a matter of public concern—bringing it within the protections of Florida’s anti-SLAPP law.
That means your defamation lawsuit could be dismissed, and you could be ordered to pay the reviewer’s legal fees. What started as an effort to protect your business’s reputation could end up doing more harm than good.
What counts as defamation?
To succeed in a defamation claim, a business must prove that the statement:
- Was a false statement of fact (not just an opinion);
- Was published to a third party;
- Caused actual harm to the business’s reputation.
What should businesses do instead?
If you believe a review truly crosses the line, consult with legal counsel first. An attorney can help you assess whether you have a viable claim, or if there are lower-risk options, such as:
- Requesting the platform remove the review; or
- Posting a professional, fact-based public response.
Final Thoughts
Not every negative comment is legally considered defamatory. Suing over protected speech can expose your business to significant financial risk. If a court finds your lawsuit violates Florida’s anti-SLAPP law, you may be ordered to pay the other party’s attorney’s fees, court costs, and possibly damages—on top of your own legal expenses.
Thus, Florida’s anti-SLAPP law gives reviewers strong tools to fight back, making it essential to consult legal counsel before taking action.