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In New York, for example, defamation is defined as 'the making of a false statement which tends to expose the plaintiff to public contempt, ridicule, aversion or disgrace, or induce an evil opinion of him in the minds of right‐thinking persons, and to deprive him of their friendly intercourse in society.' The specific elements of defamation in New York are: In addition, certain states, such as California and New York, have enacted specific statutes prohibiting false or misleading advertising in the marketplace. California's False Advertising Law ('FAL'), for instance, broadly prohibits the dissemination, whether in print ads, online, or through any other means, of statements known to be untrue or misleading (or that should have been known to be untrue or misleading with the exercise of reasonable care) by any business or their representatives. Importantly, the FAL provides for both civil penalties, including restitutionary relief and civil money penalties, as well as criminal penalties5. New York law similarly prohibits 'false advertising in the conduct of any business, trade or commerce or in the furnishing of any service in [New York].' New York courts broadly apply New York's false advertising law to 'virtually all economic activity' to protect consumers against the 'numerous, ever-changing types' of practices falling under the umbrella of false advertising. Potential remedies include, among other things, injunctions, civil penalties, and damages. Posting fake reviews may also constitute a 'deceptive' trade practice under state law. For instance, several states, such as Delaware, Georgia and Hawaii, have enacted the Uniform Law Commission's Uniform Deceptive Trade Practices Act 1964, which broadly prohibits deception in the marketplace and includes a specific prohibition against disparaging the goods, services, or business of another by false or misleading representation of fact. the existence of a business relationship (or a prospective business relationship); defendant's knowledge of that relationship; Federal Deposit Insurance Act Fake review practices involving an insured depository institution may be subject to further exposure to federal enforcement actions. Under Section 8 of the Federal Deposit Insurance Act of 1950 ('FDI Act'), any insured depository institution or institution-affiliated party10 that violates any law or regulation may be required by the insured depository institution's primary banking regulator to forfeit and pay a civil penalty of not more than $5,000 for each day during which the violation continues. For example, an FDIC-insured bank that facilitates the publishing of fake reviews against a FinTech competitor may be found to have engaged in a UDA(A)P violation, and could consequently be subject to further exposure under Section 8 of the FDI Act. Civil money penalties under Section 8 can escalate depending on the seriousness of violations, up to a maximum of $1,000,000 per day. When crafting their risk management procedures, companies also ought to keep in mind the Consumer Review Fairness Act of 2016 ('CRFA'), which Congress passed to protect consumers' ability to leave honest reviews about products or services. The CRFA generally prohibits businesses from using non-disparagement clauses that prevent consumers from, or penalise or charge consumers for, leaving reviews in good faith. Businesses should therefore avoid indiscriminate responses to negative reviews and tailor their actions appropriately. 2. Michael Luca, Reviews, Reputation, and Revenue: The Case of Yelp.com, Harvard Business School Working Paper, March 2016, https://www.hbs.edu/faculty/Pages/item.aspx?num=41233. faux saint laurent bag

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