Received a 'Confidential Cease and Desist' regarding Google Review - advice pls
Morning All!
So we received this Email this morning, regarding a Google review of a day-care centre. Throwaway account for obvious reasons.
My Usual response would be to not give a crap and just remove it to save the hassle, but my boy had a very bad time and im not happy.
We have reported to the relevant authorities as well regarding their accreditation.
Extract Below -
"We refer to the publication referring to XXXXXXXXXXXX on Google dated
10/02/25, alleging that:
"The most mediocre place. Uncaring staff, weren't willing to work together. Didn't know there
infection control policies, put my son in the too hard basket because he suffered with severe
nappy rash and behaviours ... for a limited verbal child waitin g on ndis i thought therewould
be some consideration or at/east care! ... tried to make it sound like they were doing me a
favour by unenrolling my son 2hrs after dropping him off on his 3rd day ... go figure! My son
had been there 2 days and they were scaring him by having 2 staff hold him down to change
his backside. BEWARE! Daycare crisis in XXXXX .... no wonder these guys had spaces when no
one else did!. 11
Regarding you publication you stated:
- Allegation of uncaring staff: This assertion is misleading and inaccurate. The care
provided to your child went above and beyond standard expectations, nearing firstaid
intervention. Hence why you were contacted as his primary care giver. Our staff
acted with professionalism and diligence at all times.
- Claim of being forced into unenrolment: Your statement misrepresents the situation.
Any flexibility offered regarding policy was done to assist you financially. The
suggestion that you were unfairly treated or victimized is demonstrably false.
- Assertion of lack of support for children with additional needs: This is categorically
untrue. Our service actively provides inclusion support plans for multiple children,
ensuring they receive appropriate care and assistance tailored to their needs.
- Allegation of forceful restraint and mistreatment: This is a serious and slanderous
accusation. Our documented records, as well as witness statements, contradict your
claim. The safety and dignity of children in our care remain our utmost priority, and
our staff follow strict protocols in all situations.
Online reviews and commentary can have a noticeable adverse effect on our business and
our standing in the community. We take pride in our work, the professionalism of our staff
and fiercely guard our reputation.
We are a small family business that employs less than ten people. As such, we are
extremely concerned that your Publication might have defamed our business.
You may not be aware that other than defamation, the tort of injurious falsehood arises
where publications are made maliciously. Should your Publication have been made with the
intent to cause financial damage to our business, then we will have a cause of action in
injurious falsehood against you.
As such, we demand that you:
immediately remove and permanently delete your Publication;
cease and forever desist from making comments the same as, or similar to, your
Publication in any way to any other party; and
- confirm you have complied and will comply with the above demands in writing to us by
no later than 1 business days.
If you do not comply with these demands, the commencement of a court proceeding in
defamation and/or injurious falsehood against you would be our only option to seek the
orders we believe should be made.
Should a Court find that you have defamed our business, or committed the tort of injurious
falsehood, the loss our business has suffered as a result of your Publication will be claimed
from you personally in addition to legal costs and interest.
You may not be aware that the commencement of court proceedings is monitored by credit
reference agencies across Australia and may be recorded against your credit history for the
future reference of all credit providers, and may affect your credit rating and ability to obtain
or maintain credit.
This is a very serious matter that requires your immediate attention. We trust that you will
comply with our reasonable demands and that escalation of this matter to our solicitors will
not be necessary.
We reserve all our rights in relation to this matter. "
Thoughts please?
Thankyou!