Arlington Business Defamation Lawyer

Texas Business Defamation & Disparagement Attorneys

Your business reputation is your most valuable asset. False statements, malicious online reviews, or competitor lies can devastate your revenue, destroy professional relationships, and damage credibility built over decades. Once defamatory content goes viral or appears in search results, the financial harm can be catastrophic and long-lasting.

At Brandy Austin Law Firm, PLLC, we represent business owners and professionals throughout the Dallas-Fort Worth metroplex who face false statements that threaten their livelihood. With deep experience in both business law and digital reputation protection, we pursue accountability and financial recovery when false statements cross the line from opinion into actionable defamation or commercial disparagement.

Understanding Business Defamation Vs. Business Disparagement In Texas

Texas law recognizes two distinct but related claims when false statements harm a business. Understanding the difference is critical to pursuing the right legal remedy.

Business Defamation (Personal)

Business defamation occurs when false statements are made about business owners, officers, executives, or professionals in their individual capacity. These claims follow traditional defamation law and protect personal reputation. Examples include false statements that a business owner committed fraud, engaged in criminal activity, lacks professional competence, or violated ethical standards.

To prove business defamation in Texas, you must establish that a false statement of fact was published to a third party, the statement identified you specifically, it damaged your personal or professional reputation, and the person making the statement acted with the required level of fault. For private figure plaintiffs, negligence is typically sufficient. For public figures or matters of public concern, you must prove actual malice, meaning the defendant knew the statement was false or acted with reckless disregard for the truth.

Business Disparagement (Commercial)

Business disparagement, also called trade libel or commercial disparagement, targets the business itself rather than individuals. These claims address false statements about your products, services, business practices, or the quality of what you sell. Common examples include lies that your restaurant failed health inspections, your products are defective or dangerous, your company engages in fraudulent billing, or your services violate industry standards.

Texas business disparagement cases have a higher burden of proof than personal defamation. You must prove the statement was false, published to third parties, made with malice or reckless disregard for truth, and caused specific, quantifiable financial losses. Unlike personal defamation, general reputational harm is insufficient. You must demonstrate actual pecuniary losses such as lost contracts, documented customer loss, measurable revenue decline, or cancelled business relationships.

Why Both Claims Often Apply

Many cases involve both personal and commercial harm. A false accusation that a restaurant owner knowingly served contaminated food harms both the individual’s reputation (defamation) and the business’s sales (disparagement). We analyze every case to determine which causes of action provide the strongest path to recovery and accountability.

Common Sources Of Business Defamation And Disparagement

False statements harming Dallas-Fort Worth businesses come from multiple sources. Understanding who is making false claims and where they appear is essential to building your case.

False Online Reviews and Ratings

Fake negative reviews on Google, Yelp, Facebook, or industry-specific platforms can devastate local businesses. We handle cases involving:

• Fabricated customer complaints
• Competitors posting under fake accounts
• Disgruntled former employees misrepresenting their experience
• Coordinated review attacks designed to harm rankings and reputation

Competitor Lies and Trade Libel

Direct competitors sometimes spread false information to steal market share. This includes:

• Lies to shared clients about your business practices
• False claims to industry groups or trade associations
• Misrepresentations about your qualifications or licensing
• Intentional interference with existing contracts through false statements

False Reports to Licensing Boards and Regulators

Professionals and licensed businesses face unique vulnerability when false complaints are filed with state licensing agencies, medical boards, bar associations, or regulatory bodies. Even unfounded complaints can trigger investigations, damage professional standing, and appear in public records.

Social Media Defamation

False statements spread rapidly on Facebook, Twitter, Instagram, LinkedIn, and industry forums. We pursue cases involving:

• Viral posts containing lies about business practices
• False accusations shared in business groups
• Defamatory videos or images
• Coordinated social media campaigns designed to harm reputation

Former Employee and Business Partner Disputes

Disgruntled former employees or partners sometimes:

• Post false information online
• Make false statements to customers or vendors
• File baseless complaints with government agencies
• Breach confidentiality agreements while spreading lies

These cases require swift action to minimize damage.

Why Opinion Is Protected But Lies Are Not

The First Amendment protects opinions, but not false statements of fact. This distinction determines whether you have a viable case.

A statement like “I think this restaurant has poor service” is protected opinion. A statement like “This restaurant failed its health inspection last month” is a statement of fact that can be proven true or false. If it’s false and causes harm, it may be actionable.

Texas courts analyze whether a reasonable reader would understand the statement as opinion or fact by looking at the context, whether the statement can be verified, and the language used. Vague criticism is usually opinion. Specific factual claims are usually actionable if false.

We evaluate every statement in your case to separate protected opinion from actionable lies.

⚠️ CRITICAL LEGAL LIMITATIONS YOU MUST UNDERSTAND

Platform Immunity

Federal law (47 U.S.C. § 230, the Communications Decency Act) provides broad immunity to websites and platforms hosting third-party content. This means you typically cannot sue Google, Yelp, Facebook, or review platforms for defamatory content posted by users. Your claim is against the individual or business that made the false statement, not the platform.

Anti-SLAPP Protection

Texas has strong anti-SLAPP protections under the Texas Citizens Participation Act (TCPA). Defendants can file early motions to dismiss claims related to free speech, petition, or association rights. If the court grants dismissal, you may be ordered to pay the defendant’s attorney fees.

These protections exist to prevent frivolous lawsuits that chill protected speech, but they also create significant risk for legitimate defamation claims. Strategic case evaluation and strong evidence are essential before filing.

Proof of Financial Loss Required

For business disparagement claims, you must prove actual economic damages. “My business is doing worse” is insufficient. You need documentation such as:

• Lost contracts with specific dollar values
• Customer lists showing measurable attrition
• Financial records demonstrating revenue decline correlated to the false statements
• Expert testimony calculating economic harm

Personal defamation claims allow for general damages, but even these cases are stronger with documented harm.

One-Year Statute of Limitations

Texas law requires defamation and disparagement claims to be filed within one year of publication. For online content, determining the publication date can be complex, especially with edited posts or ongoing republication. Evidence must be preserved immediately, and cases must move quickly.

Our Strategic Approach To Business Reputation Cases

Business defamation and disparagement cases require a specialized approach combining legal expertise, digital forensics, financial analysis, and strategic judgment. Our process is designed to maximize your chances of accountability and recovery while managing risk.

Phase 1: Confidential Case Evaluation

We begin with a comprehensive consultation to review the false statements, assess legal viability, and discuss realistic outcomes. Not every negative statement is actionable, and we provide honest analysis about the strength of your case, potential costs, timeline, and risks including anti-SLAPP exposure.

Phase 2: Immediate Evidence Preservation

Digital evidence is fragile. Posts are deleted, profiles disappear, and websites change. Within 24 hours of retention, we capture and authenticate all relevant content through:

• Forensically sound screenshots with metadata
• Archived website copies with timestamps
• Review platform histories
• Social media posts and comment threads
• Communications such as emails, texts, or messages

This evidence must be preserved in a format that will hold up in court.

Phase 3: Investigation and Digital Forensics

Anonymous posters, fake accounts, and deleted content require specialized investigation. We work with digital forensics experts to:

• Trace IP addresses
• Identify account holders
• Recover deleted or edited content
• Authenticate screenshots and documents
• Analyze patterns suggesting coordinated attacks

In some cases, early discovery or subpoenas to internet service providers or platforms are necessary to identify defendants.

Phase 4: Financial Damages Documentation

Proving economic harm requires meticulous documentation and often expert analysis. We work with you to compile:

• Financial records
• Customer communications
• Lost contract documentation
• Industry data
• Expert testimony from forensic accountants or business valuation specialists

The strength of your damages evidence often determines the outcome of your case.

Phase 5: Strategic Demand and Negotiation

In appropriate cases, we send formal cease and desist demands or pre-litigation settlement offers. Many defendants, once confronted with evidence and legal exposure, agree to retraction, removal of content, payment of damages, or public correction. This approach can resolve cases faster and at lower cost than litigation, though it is not always successful.

Phase 6: Litigation and Discovery

When pre-litigation resolution fails, we file civil actions in Texas state or federal court. Business disparagement and defamation cases involve extensive discovery including:

• Depositions of defendants and witnesses
• Document requests
• Interrogatories
• Potential expert testimony

We prepare for anti-SLAPP motions and ensure that evidence is sufficient to survive early dismissal challenges.

Phase 7: Resolution or Trial

Cases resolve through negotiated settlement, summary judgment, or trial. We pursue outcomes that include:

• Monetary compensation for damages
• Court orders requiring removal of defamatory content
• Public retractions or corrections
• Injunctions preventing future false statements
• Recovery of attorney fees where available

Our goal is accountability and restoration of your business reputation.

Types Of Cases We Handle In The Dallas-Fort Worth Area

We represent businesses and professionals across industries who face reputation-threatening false statements. Our experience includes cases involving:

• Healthcare providers facing false patient reviews or fraudulent complaints to medical boards
• Restaurants and hospitality businesses targeted by fake reviews or food safety lies
• Contractors and home service providers dealing with false claims on Angi, HomeAdvisor, or Google
• Professional services including lawyers, CPAs, financial advisors, and consultants facing false competency claims
• Real estate professionals subjected to lies about transactions or ethics
• Technology companies and software providers facing false claims about product quality or security
• Franchises and multi-location businesses dealing with coordinated defamation campaigns
• Manufacturing or distribution companies facing trade libel about product safety or quality

Serving Fort Worth, Dallas, Arlington, And Surrounding Communities

Brandy Austin Law Firm is based in Fort Worth and serves clients throughout Tarrant, Dallas, and surrounding counties. We understand the unique business environment of the Dallas-Fort Worth metroplex and have experience with local courts, judges, and procedures.

Whether your business is in downtown Fort Worth, the Arlington entertainment district, Dallas’s business corridors, or surrounding communities like Grapevine, Southlake, Plano, or Irving, we provide sophisticated legal representation with local knowledge.

Our proximity to clients in Fort Worth, Dallas, and Arlington allows for:

• In-person consultations
• Rapid response to emerging threats
• Efficient case management

We handle cases in Tarrant County courts, Dallas County courts, federal court for the Northern District of Texas, and surrounding jurisdictions as needed.

The Real Cost Of False Statements

Businesses harmed by defamation and disparagement face devastating consequences that extend far beyond immediate financial losses.

Lost customers and clients often disappear without explanation, unaware that false information influenced their decision. Contracts and partnerships evaporate when vendors, suppliers, or referral sources hear lies about your business practices or reliability. Years of reputation-building through quality work, customer service, and community involvement can be destroyed by a single viral post or coordinated review attack.

The emotional toll on business owners is severe. The stress of watching false statements spread, the frustration of platform inaction, and the anger of seeing lies go unanswered affects mental health, family relationships, and quality of life. Business owners often feel powerless as their professional reputation crumbles despite their innocence.

Search engine results amplify the harm. Defamatory content that appears on the first page of Google search results for your business name can persist for years, influencing every potential customer who researches you. Even after removal, archived copies and references can continue causing harm.

Investment Required For Business Reputation Cases

Business defamation and disparagement litigation is complex, time-intensive, and expensive. These cases require:

• Specialized expertise in multiple areas of law
• Extensive investigation and digital forensics
• Expert witnesses for damages and authentication
• Aggressive advocacy through potentially lengthy litigation

Clients should expect total legal costs, including attorney fees, expert fees, investigation costs, court fees, and deposition costs, typically ranging from fifty thousand to over one hundred thousand dollars for cases that proceed through trial. Some cases resolve earlier at lower cost, while particularly complex matters may require greater investment.

We are selective about the cases we accept because we want to ensure that the potential recovery and importance of accountability justify this investment. We work with clients who are prepared to see the case through and who understand that outcomes, while never guaranteed, often include both financial recovery and restoration of reputation.

Frequently Asked Questions

Can I Sue Someone For A Fake Review Or False Statement Online?

Yes, if the statement is false, factual rather than opinion, and caused measurable harm. However, you cannot typically sue the platform hosting the content due to federal immunity protections. Your claim is against the individual or business that made the false statement.

What If The Person Who Posted Lies Is Anonymous?

Anonymous defamation cases are challenging but often successful. We use subpoenas, digital forensics, and discovery tools to identify anonymous posters through IP addresses, email accounts, or patterns of online activity. Once identified, we can pursue legal action.

Do I Need To Prove Financial Loss?

For business disparagement claims, yes. You must prove specific economic damages with documentation. For personal defamation claims, some damages are presumed in certain categories (defamation per se), but even those cases are stronger with documented harm such as lost clients, terminated contracts, or professional consequences.

How Long Do I Have To File A Claim?

Texas law requires defamation and disparagement claims to be filed within one year of publication. For online content, determining the publication date can be complex. Do not delay in consulting an attorney, as evidence must be preserved immediately and case preparation takes time.

Will Suing For Defamation Bring More Attention To The False Statements?

This is called the “Streisand Effect,” and it is a legitimate concern. We evaluate this risk during the initial consultation. In some cases, pre-litigation resolution or platform removal efforts are more appropriate. In others, pursuing legal action and obtaining a public vindication is worth the temporary additional attention. Strategy depends on your specific circumstances.

Can I Get The Content Removed From Google Or Yelp?

Platforms have internal policies for removing content that violates their terms of service, but they are not legally required to remove defamatory content in most cases. We pursue platform removal when possible, but legal action against the poster may be necessary to obtain court-ordered removal or permanent injunction.

What If The Defendant Has No Money?

Defendant solvency is an important consideration. Winning a judgment against someone with no assets provides limited practical recovery. We investigate defendant assets and insurance coverage when possible before recommending litigation. However, some clients pursue cases even against judgment-proof defendants to obtain court vindication, public retraction, or injunctive relief preventing future defamation.

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Take Action Now: Free Case Evaluation

False statements spread rapidly online. Every day that defamatory content remains visible causes additional harm to your business, your revenue, and your professional reputation. Evidence disappears as posts are deleted, accounts are closed, and content is edited.

We offer confidential case evaluations to business owners and professionals facing false online reviews, competitor lies, or defamatory statements.

During this consultation, we will:

• Review the false statements
• Assess the legal strength of your case
• Discuss potential outcomes and realistic timelines
• Explain costs and investment required
• Outline immediate steps for evidence preservation

Your consultation is confidential and includes:

• Review of all defamatory content and false statements
• Analysis of business disparagement vs. defamation claims
• Discussion of platform immunity and anti-SLAPP risks
• Evaluation of financial damages and documentation
• Strategic recommendations for next steps
• No obligation to proceed

Time is critical. Contact us today to protect your business reputation and explore your legal options.

Contact Brandy Austin Law Firm, PLLC

Phone: (817) 841-9906

Serving: Fort Worth, Dallas, Arlington & the DFW Metroplex

Free Confidential Consultation | Same-Day Evidence Preservation Available