The Consumer Protection from Unfair Trading Regulations 2008 (CPUT) prohibits misleading practices by business owners. The CPUT Regulations prohibit misleading actions and misleading omissions which cause or are likely to cause the average consumer to take a different decision. Posting fake online reviews might be considered a misleading action or an omission (or both). This is because fake online reviews prevent consumers from getting from the trader the information they need to make informed decisions relating to products. Misleading actions by traders may include giving false information to customers A misleading action occurs when a practice misleads through the information it contains, or its deceptive presentation, and causes or is likely to cause the average consumer to take a different decision. If you can show that it is more likely than not to be the person you suspect, this would often be enough. Because business owners who post fake online reviews against their competitors, usually hire somebody else to do this on their behalf, it is enough to demonstrate the business owner's responsibility. This is done by presenting to the court circumstantial evidence that reveals, on balance, that it is more likely than not to be the defendant who had been responsible for posting the fake reviews.
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