Bad reviews are part of business. Some reviews, though, cross the line from protected opinion into legally actionable defamation. Here are the patterns Texas courts have seen.
The three things that make a review defamatory
- A specific factual claim (not opinion).
- That is false.
- That causes measurable harm.
All three have to be present. Opinion with strong language is protected. A false factual claim that hurts a business is actionable.
Reviews that are protected
- "She was rude to me." (Subjective experience.)
- "I would never book her again." (Opinion.)
- "Her work is not worth $3,000." (Value judgment.)
- "The food was terrible." (Subjective.)
- "She doesn''t deserve her reputation." (Opinion.)
Reviews that are dangerous
- "She stole my deposit." (Factual — stealing is a crime, provable true or false.)
- "She''s not legally licensed." (Factual — licensing is a public record.)
- "She showed up drunk." (Factual — intoxication is an observable fact.)
- "She threatened me." (Factual — making threats is a specific act.)
- "She defrauded other clients too." (Factual claim about third-party conduct.)
If any of these are false, the reviewer is exposed.
What happens when a vendor sues
- Cease and desist letter first (expected, professional).
- TCPA (Texas Citizens Participation Act) motion from the reviewer: if the review is on a matter of public concern and the reviewer can show the statements were substantially true or protected opinion, the lawsuit can be dismissed early AND the vendor can be ordered to pay the reviewer''s legal fees.
- Discovery: text messages, emails, and purchase records are subpoenaed. If the reviewer exaggerated the facts, it comes out here.
- Trial: rare. Most resolve in mediation or TCPA dismissal.
For the reviewer who wrote something true but harsh
Usually safe. Texas courts have been friendly to customer reviewers when the statements are literally true. The TCPA is strong in Texas.
For the reviewer who wrote something exaggerated
Reduce the exaggeration to protect yourself. Change "she stole" to "I believe the deposit was mishandled." Change "she lied" to "she did not honor the agreement I believed we had." Opinion language is protected; factual accusations are not.
For the vendor considering a lawsuit
Ask the three questions:
- Is the review factually false in specific statements?
- Can I prove it''s false with documentary evidence?
- Has it caused measurable harm (lost bookings, etc.)?
If yes to all three, consult an attorney. If no to any, pursue reputation management instead — respond professionally, bury the review with good ones, and move on. Suing over protected opinion is a fast way to lose money and the TCPA fee-shift.
The one-response rule
When a review goes up, respond once, publicly, professionally. Acknowledge specific factual errors if any. Do not argue. Do not accuse. Do not threaten. Judges read these replies when TCPA motions are filed, and "a professional vendor responding to a difficult review" reads extremely well.
Sources: Texas Citizens Participation Act, general Texas defamation law. Not legal advice.