How to deal with a bad review without breaking the law, according to experts

Nothing ruins a day quite like a bad review. And now, thanks to AI, it can follow your business further. This is because single negative reviews can be surfaced, summarised and repeated across AI-powered search results, and once it’s embedded, it’s hard to shift.  

While the temptation to hit delete may be overpowering, under the Digital Markets, Competition and Consumers Act 2024 (DMCCA), burying customer reviews counts as a banned practice that can land businesses with a fine of up to 10% of their global turnover.   

So, what else can you do to protect your online reputation? We asked a range of legal and comms experts for their advice on giving a five-star response to a one-star review.

What the DMCCA rules mean for businesses

For years, the instinctive response to a nasty review was to make it quietly disappear – but those days are over. 

Since April 2025, the DMCCA has made it unlawful for businesses that publish reviews to create a misleading picture by suppressing genuine negative feedback or selectively promoting the positive. In other words, if a review is real, you can’t hide it, bury it, or give it less prominence. 

Businesses are also banned from commissioning fake reviews or concealed incentivised reviews. Incentives aren’t banned outright, but they must be clearly disclosed. 

Risks go beyond PR

Reviews are no longer just a PR issue. Under the DMCCA Act, they are also a consumer law and governance issue.

Daniel Mohacek CEO of Fake Review Detection Platform TruthEngine

And the penalties for getting it wrong can be severe. The Competition and Markets Authority (CMA) can now enforce the rules directly, without going to court, with fines of up to £300,000 or 10% of annual worldwide turnover, whichever is higher.

What to avoid: the mistakes that could land you in trouble

The riskiest mistakes are often the well-meant ones. Harvey Dhillon, founder and CEO of accountancy platform Zmartly, describes an online seller with a fresh one-star review. “The instinct is to email the buyer, offer a refund, and ask them to update the review. Keep the refund. Drop the condition.” 

The CMA’s guidance, he says, lists a refund or gift card offered to change a negative review as a banned practice. “A refund is good service. A refund in exchange for a deleted review is a breach.”

Julia Ellis, senior commercial solicitor at Harper James, says the same goes for money. “A business should not offer a customer money, a discount or another incentive in return for deleting or changing a genuine negative review”, she tells us. 

According to Julia, businesses also shouldn’t “drown criticism out” by arranging reviews that aren’t based on real experiences, or by rewarding reviewers only when they give a favourable rating. 

Daniel Mohacek, CEO of TruthEngine, adds that businesses can’t put “pressure on customers not to post” negative reviews, or only encourage happy customers to leave reviews. But what about the reviews you do want? That’s where many businesses get tripped up.

The line between asking for reviews and incentivising them

While the DMCCA prohibits prioritising only positive reviews, there is nothing wrong with nudging customers to leave one. 

“Businesses should be asking for genuine feedback,” Daniel tells us, “the problem starts when the process influences who gets asked, what they’re encouraged to say, or what happens depending on whether they’re happy”. His rule of thumb: “Ask for a review, not for a particular score.”

When it comes to incentives, experts believe they are a grey area, rather than a red line. Julia says a business can, in principle, offer something like a discount or free product in return for a review, as long as the review reflects the customer’s genuine experience and the incentive is prominently and clearly disclosed. 

The invitation should make clear the reward is for an honest review, “whether favourable, neutral or critical”. The line is crossed when the reward depends on the review being positive.

Alice Esuola-Grant, Senior Associate at Bristows echoes this. A review counts as incentivised if the customer received something in return for writing it, such as a free product, loyalty points or payment. If so, she says, “you will need to make it clear that the review has been incentivised”. Customers should still be free to share their real views, so the incentive can’t be tied to leaving only a positive one. 

Other experts agree that who you invite matters as much as what you offer. Harvey warns of the insert card that says “happy, leave a review, unhappy, email us first”. Inviting only satisfied customers, he says, is cherry-picking.

Finally, don’t wait until criticism lands to launch a charm offensive. Anne Cantelo, fractional communications director and owner of Onyx Media and Communications Ltd, says the answer is routine: “Make honest feedback a routine part of your customer service, rather than launching a campaign for praise whenever criticism appears.”

How to respond to a bad review (without making it worse)

Bad reviews happen to even the best businesses, so the real test is what you do next. Start by taking a breath.

“A bad review is not necessarily a disaster,” Daniel tells us. “In many cases, a sensible, human response can actually make the business look better.” 

According to Anne, before you respond, you should investigate what happened. A negative review can reveal a service failure, unclear expectations, or a simple case of mistaken identity, and each calls for a different reply.

Then, keep the reply calm and brief. Julia suggests acknowledging the concern, apologising where appropriate, explaining you’re looking into it, and offering a clear route for direct contact. 

Keeping a steady pulse is especially important if you suspect a review is malicious. Anne says you shouldn’t publicly accuse anyone of being a rival or seeking revenge unless you have evidence. 

“Avoid personal attacks and lengthy exchanges,” she continues. “Winning an argument rarely wins a customer.” If the review isn’t demonstrably fake or in breach of the platform’s rules, she says that “a short, factual response” would be appropriate.

You should also remember who else is reading. Julia points out that potential customers see your response too, and a thoughtful reply to a not-so-glowing comment “can sometimes be more reassuring than a page of perfect reviews”.

If you do need to apologise, be specific, Cantelo says. Her example: “We’re sorry your booking wasn’t ready at the agreed time. We’ve reviewed what happened and introduced an additional check to prevent a repeat.” Only claim you’ve changed processes or trained staff if you actually have.

Finally, once a conversation involves account details or a dispute over what happened, take it offline. “Taking it offline should mean sorting the problem out privately, not trying to make the review disappear,” says Daniel. Julia adds that you shouldn’t share personal information or screenshots in your defence, and that seriously damaging, false-looking allegations are worth taking legal advice on first.

Ultimately, a bad review doesn’t have to be a bad day. Handle it honestly and calmly, and often, it can actually be a good vehicle to show prospective customers exactly that you’re a business that cares about feedback and is willing to improve its processes.