The judicial system is also something GREATLY misunderstood in this country. Lawsuits are thrown around more then hello's these days. The word lawsuit doesn’t give a person to right sue for just anything. In this case there were a "few" as you stated bad apples. You are scared that the comments of these "few" will in some way harm your business. With a 96.5% positive rating this means it is in no way hindering your business financially and does not fall under the categories you specified, and seeking legal action will cost a great deal more then the loss of those customers. If slander or defamation of character is what you’re worrying about I believe this too is something you have no legs to stand on legally. Nothing has been direct enough to you to cause the affects of slander or defamation to occur. In the manner of serious legal action you may just want to throw this one up as a group of customers that dissatisfied and leave it at that.
Slander:
1. Law. Oral communication of false statements injurious to a person's reputation.
2. A false and malicious statement or report about someone.
3. The issuance of a false statement about another person, which causes that person to suffer harm.
Defamation:
1. The act of defaming; calumny.
2. To damage the reputation, character, or good name of by slander or libel.
Libel:
1.
a. A false publication, as in writing, print, signs, or pictures, which damages a person's reputation.
b. The act of presenting such material to the public.
2. The written claims presented by a plaintiff in an action at admiralty law or to an ecclesiastical court.
Defense against false accusations lawsuits:
New York Times VS Sullivan – US Supreme Court case 376 U.S. 254
Factual error, content defamatory of official reputation, or both, are insufficient to warrant an award of damages for false statements unless "actual malice" - knowledge that statements are false or in reckless disregard of the truth - is alleged and proved.
Why Commencing A Defamation Action Is Not Always A Good Idea:
While people who are targeted by lies may well be angry enough to file a lawsuit, there are some very good reasons why actions for defamation may not be a good idea.
The publicity that results from a defamation lawsuit can create a greater audience for the false statements than they previously enjoyed. For example, if a newspaper or news show picks up the story of the lawsuit, false accusations that were previously known to only a small number of people may suddenly become known to the entire community, nation, or even to the world. As the media is much more apt to cover a lawsuit than to cover its ultimate resolution, the net effect may be that large numbers of people hear the false allegations, but never learn how the litigation was resolved.
Another big issue is that defamation cases tend to be difficult to win, and damage awards tend to be small. As a result, it is unusual for attorneys to be willing to take defamation cases on a contingent fee basis, and the fees expended in litigating even a successful defamation action can exceed the total recovery.
Another significant concern is that, even where the statements made by the defendant are entirely false, it may not be possible for a plaintiff to prove all of the elements of defamation. Most people will respond to news that a plaintiff lost a defamation lawsuit by concluding that the allegations were true.
In other words, the plaintiff in a defamation action may be required to expend a considerable amount of money to bring the action, may experience significant negative publicity which repeats the false accusations, and if unsuccessful in the litigation may cement into the public consciousness the belief that the defamatory accusations were true. While many plaintiffs will be able to successfully prosecute defamation actions, the possible downside should be considered when deciding whether or not such litigation should be attempted.
