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designer bags cyber monday was founded with the intention of helping people worldwide discover their unique heritage Are fake reviews illegal in the UK
Legal action for malicious falsehood
Fake online reviews are very common. Based on data that has been released by Yelp.com and by Amazon, the rate of online fake reviews might range between 20%-40% but the actual number of fake online reviews is unknown. Writing a fake online review has never been easier. A fast growing industry of online review websites leaves very little hope to those business owners who want to play it fair. The number of fake online reviews is constantly growing.
In 2015, The Times reported that Amazon took to court more than 1000 people who were suspected of posting fake online reviews on its platform in an attempt to clean up its website and increase the credibility of its online review system. In 2020, Amazon was reported to have deleted tens of thousands of fake online reviews, which had been posted by 7 of its top reviewers. Too many businesses who hire online reputation management companies to help them repair damage caused by negative online reviews, often choose not to ask too many questions about how the miraculous improvement in their company's online review ranking had occurred. They do however need to be aware that in the UK, writing fake online reviews (or astroturfing, as this practice is commonly referred to) is illegal.
The Consumer Protection from Unfair Trading Regulations 2008 (CPUT) prohibits misleading practices by business owners. The CPUT Regulations prohibit misleading actions and misleading omissions which cause or are likely to cause the average consumer to take a different decision. Posting fake online reviews might be considered a misleading action or an omission (or both). This is because fake online reviews prevent consumers from getting from the trader the information they need to make informed decisions relating to products. Misleading actions by traders may include giving false information to customers A misleading action occurs when a practice misleads through the information it contains, or its deceptive presentation, and causes or is likely to cause the average consumer to take a different decision.
If you can show that it is more likely than not to be the person you suspect, this would often be enough. Because business owners who post fake online reviews against their competitors, usually hire somebody else to do this on their behalf, it is enough to demonstrate the business owner's responsibility. This is done by presenting to the court circumstantial evidence that reveals, on balance, that it is more likely than not to be the defendant who had been responsible for posting the fake reviews.
How to identify who posted a fake online review
In most cases, it is possible to obtain a disclosure order, a subpoena or a Norwich Pharmacal Order to compel website operators to provide details about any user who you suspect had posted a fake online review against your business. Depending on the country where the website operator is located, you will need to choose the best method to help you identify who wrote the fake online reviews about your business. In most cases, you can obtain a Norwich Pharmacal Order in a court in England, which will subsequently be honoured by website operators in the United States.
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