[PA] [PA] Can I send a cease and desist over a defamatory review?
I'm dealing with a defamatory Airbnb review.
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In Pennsylvania, a review may be considered defamatory if it contains false statements of fact (not just opinions) that harm your reputation. In your case:
- Factual inaccuracy: The guest wrote that the property “looked nothing like the listing” and that the photographed yard wasn’t the same yard. If this is demonstrably false (e.g., the photos match the actual property and yard), then it crosses from opinion into false factual representation.
- Contradictory Airbnb record: She claimed she stayed less than 20 minutes, but Airbnb’s system itself tags the review as showing she stayed a week. That inconsistency supports your position that the review was made in bad faith.
- Motive: You’ve noted that she left the review after failing to secure a refund. While motive alone isn’t enough to prove defamation, it strengthens the context of malice.
That said, Pennsylvania courts generally protect reviews under free speech unless they are provably false factual assertions (42 Pa.C.S. § 8343). “The property looked nothing like the listing” might be treated as opinion, but claiming the yard wasn’t the one in the photos or that she only stayed 20 minutes (when Airbnb’s system contradicts it) could be viewed as false factual statements.
Your main recourse is usually through Airbnb’s internal review-dispute process. They will sometimes remove reviews that are demonstrably false or violate their content policy. If Airbnb refuses, legal action for defamation is possible but not often practical unless the damages are significant, because you’d need to prove both falsity and harm to your reputation or business. If you have any follow-up questions, please let me know.
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I'm dealing with a defamatory Airbnb review.
Lexi, Chatbot
I’m sorry you’re dealing with a defamatory review—that can be really frustrating. When was the review posted, and what specific claims were made?
A couple weeks ago. They said the property looked nothing like the listing, said the yard was the neighbor’s yard and not the one photographed. She then said she stayed less than 20 minutes. On the Airbnb review, Airbnb has a feature that tags her review and says “she stayed for over a week.” She put 1 star for everything—even cleaning—when the place was spotless. She tried to game the system claiming she was unsafe, but Airbnb didn’t buy it and gave her a tiny refund. She left the review because she didn’t get a refund, clearly, but Airbnb somehow doesn’t agree.
Lexi, Chatbot
Have you already attempted to respond to or resolve the issue with the reviewer or with Airbnb?
With Airbnb.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your defamatory Airbnb review.
No.
Richard
Hello. My name is Richard. What state are you in?
Pennsylvania.
Richard
In Pennsylvania, a review may be considered defamatory if it contains false statements of fact (not just opinions) that harm your reputation. In your case:
- Factual inaccuracy: The guest wrote that the property “looked nothing like the listing” and that the photographed yard wasn’t the same yard. If this is demonstrably false (e.g., the photos match the actual property and yard), then it crosses from opinion into false factual representation.
- Contradictory Airbnb record: She claimed she stayed less than 20 minutes, but Airbnb’s system itself tags the review as showing she stayed a week. That inconsistency supports your position that the review was made in bad faith.
- Motive: You’ve noted that she left the review after failing to secure a refund. While motive alone isn’t enough to prove defamation, it strengthens the context of malice.
That said, Pennsylvania courts generally protect reviews under free speech unless they are provably false factual assertions (42 Pa.C.S. § 8343). “The property looked nothing like the listing” might be treated as opinion, but claiming the yard wasn’t the one in the photos or that she only stayed 20 minutes (when Airbnb’s system contradicts it) could be viewed as false factual statements.
Your main recourse is usually through Airbnb’s internal review-dispute process. They will sometimes remove reviews that are demonstrably false or violate their content policy. If Airbnb refuses, legal action for defamation is possible but not often practical unless the damages are significant, because you’d need to prove both falsity and harm to your reputation or business. If you have any follow-up questions, please let me know.
How much to get a cease and desist letter or something sent?
Richard
Your local bar association can give you a referral to a licensed attorney in your area who can give you a quote on pricing.
Thanks.
Richard
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