How to File a Defamation Lawsuit

You have tried reporting the review. You have sent a cease and desist. Neither worked, the review is still up, and you have proof it is costing you real revenue. Now what? Filing a defamation lawsuit is the next step, but it is a process most business owners underestimate. Here is what it actually looks like.

Step one - hire a defamation attorney

General business lawyers usually decline these cases. You want someone who practices defamation or First Amendment law specifically, ideally in your state. Expect an initial consultation of three hundred to five hundred dollars, sometimes free. Bring the review, screenshots, evidence of falsity, and evidence of financial harm. The attorney will tell you honestly if you have a case worth filing.

Step two - unmask an anonymous reviewer

If you already know the reviewer's identity, skip this step. If the review is anonymous, your attorney files a "John Doe" complaint - a placeholder lawsuit against an unknown defendant - then subpoenas the platform (Google, Yelp, Trustpilot) for the account holder's identifying information. Platforms usually notify the account holder, who can fight the subpoena in court. Expect three to six months and several thousand dollars in fees just to identify the person.

Step three - file the actual complaint

Once the defendant is identified, the case is refiled with their name. The complaint spells out the false statements, why they are false, how you are damaged, and what relief you seek (usually money damages plus a takedown order). Filing fees range from a few hundred to a couple thousand depending on the court.

Step four - service and response

The defendant must be served with the complaint. They then have twenty to thirty days to respond. Common responses:

• Answer the complaint and litigate
• File a motion to dismiss
• File an Anti-SLAPP motion (the dangerous one)
• Settle

Step five - the Anti-SLAPP gauntlet

If you filed in a state with Anti-SLAPP protection, expect an Anti-SLAPP motion. You must convince the court that your case has a reasonable probability of winning on the merits. If you lose the motion, the case is dismissed and you likely owe the defendant's attorney fees. This is why the case selection at step one matters so much.

Step six - discovery

Both sides exchange documents, depose witnesses, and gather evidence. This is where cases become expensive fast. Depositions alone can run one to three thousand each. Discovery often lasts six to twelve months.

Step seven - settlement or trial

The vast majority of defamation cases settle. Common settlements include a takedown, a public retraction, and a modest payment. Cases that go to trial can last one to three years total and cost fifty thousand or much more.

What to expect financially

• Simple case, cooperative defendant, quick settlement: 5,000-15,000 dollars
• Anonymous reviewer, standard litigation: 20,000-50,000 dollars
• Contested case with Anti-SLAPP battles or trial: 50,000-150,000 dollars

When it is worth it

File when the review makes specific false factual claims, the falsity is provable, the financial harm is documentable, and platform reporting has failed. Skip when the review is opinion, the harm is only ego, or the defendant is judgment-proof (you can win the case and still collect nothing).

The alternative

For most businesses, a specialist reputation firm resolves the same problem faster and cheaper - either by getting the review removed through platform escalation, burying it with fresh legitimate reviews, or both. Litigation is the last option, not the first.

Frequently Asked Questions

What are the initial steps to filing a defamation lawsuit?

Begin by hiring a specialized defamation attorney. Provide them with the false review, evidence of its falsity, and proof of financial harm. The attorney will assess the viability of your case. If the reviewer is anonymous, the next step involves filing a John Doe lawsuit to subpoena the platform for their identity before you can officially name them in the complaint.

How much does a defamation lawsuit typically cost?

Costs vary widely depending on complexity. A simple case with a cooperative defendant and quick settlement might cost $5,000-$15,000. Cases involving anonymous reviewers or standard litigation often range from $20,000-$50,000. Contested cases, particularly those with Anti-SLAPP battles or a trial, can exceed $50,000 to $150,000 or more.

What is an Anti-SLAPP motion and how does it affect a case?

An Anti-SLAPP motion is a legal tool in some states to dismiss lawsuits that aim to silence free speech. If filed, you must prove your case has a high probability of winning. Losing an Anti-SLAPP motion results in dismissal of your lawsuit and potentially owing the defendant's legal fees, making this a critical hurdle.

When is it worthwhile to file a defamation lawsuit?

File a defamation lawsuit when the review contains specific, provably false factual claims, you have documented financial harm, and platform reporting has failed. Avoid litigation if the review is clearly opinion, the harm is primarily emotional, or the defendant has no assets to collect damages from, even if you win.

What usually happens during the discovery phase of a defamation case?

During discovery, both parties exchange documents, conduct interviews, and depose witnesses to gather evidence. This phase can be extensive, often lasting six to twelve months, and is typically one of the most expensive parts of the litigation process, particularly due to deposition costs alone.