Businesses no longer survive by word-of-mouth alone. Increasingly, business reviews are spread not person-to-person but instead online to the world at large. Websites and social media sites, such as Yelp and Facebook, provide a wealth of information to prospective customers. But they can also provide a platform for disgruntled customers to air their grievances. The law provides businesses with a potential recourse against a dishonest, negative review through a defamation lawsuit. A recent New Jersey appellate case sends a warning message to would-be online reviewers to ensure the accuracy of their reviews, while also cautioning businesses that any legal action can be lengthy and success is not guaranteed.

Case Summary

The Appellate Division addressed the issue of defamation in online reviews in Okeke v. Anekwe, A-3391-20 (N.J. App. Div. July 12, 2022). The plaintiff Joe Obi Okeke had been defendant Chinedu Sani Anekwe’s accountant and prepared defendant’s tax returns each year for five years. The relationship soured when defendant learned that he owed the government money from a prior year’s tax returns due to unreported income. The parties did not dispute that there had been unreported income that year; they did dispute whose fault it was that the income was not reported.