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Defamation and Business Disparagement in Illinois

·

By

ACL

The short answer

Defamation is a false statement of fact, communicated to others, that harms reputation. Commercial disparagement covers false statements about a business’s products or services.

Where it fits in your case

When a competitor, former employee, or customer makes damaging statements about your business.

What to expect

  • Per se statements, such as accusing a business of crime or dishonesty in its trade, presume damages.

  • Opinion that cannot be proven true or false is generally protected.

  • Privileges protect statements in court proceedings and certain other settings.

  • Online reviews. The reviewer can be liable for false facts; platforms generally are not.

  • Deadline. Illinois generally allows one year to sue.

What we need from you

Copies or screenshots of the statements, dates, and evidence of their falsity and impact.

Common misconceptions

  • “Any harsh review is defamatory.” Opinions and true statements are not.

  • “We can sue the website.” Federal law usually protects platforms.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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