Hogue + Belong Prevails in Ripoff Report Anti-SLAPP Appeal [Consumer Class Action]

Hogue + Belong secured an appellate victory for Mark Selker and a proposed class of Californians in Selker v. Xcentric Ventures, LLC (Court of Appeal Case No. D084428).

On December 5, 2025, the California Court of Appeal, Fourth Appellate District, affirmed the trial court’s denial of an anti-SLAPP motion filed by Xcentric Ventures, LLC, the operator of Ripoff Report. The ruling allows Mr. Selker’s proposed class action to move forward. The decision became final in early 2026, and Mr. Selker is entitled to his costs on appeal. Read a copy of the appellate opinion (PDF).

What the Ripoff Report Class Action Alleges

The lawsuit, filed in San Diego County Superior Court, alleges that Ripoff Report runs an extortionate business scheme in violation of California’s Unfair Competition Law. According to the complaint, the website solicits exclusively negative, often anonymous “Reports” about individuals and businesses, refuses to remove them, and charges the subjects fees for programs that promise to remove, redact, or hide the reports from search engines.

In Mr. Selker’s case, an anonymous poster published a report that he alleges was false and defamatory and insinuated that he had committed a crime. Ripoff Report allegedly demanded thousands of dollars before it would take meaningful action. Mr. Selker paid $2,500, but the report remained on the website.

The Anti-SLAPP Motion and Trial Court Ruling

Xcentric responded by filing a special motion to strike under California’s anti-SLAPP statute. “SLAPP” stands for “Strategic Lawsuit Against Public Participation.” The law allows a defendant to seek early dismissal of claims arising from certain protected speech or petitioning activity.

Xcentric argued that Mr. Selker’s lawsuit was an attack on a consumer review posted on a public website. It also argued that the federal Communications Decency Act shielded it from liability for content created by a third party.

The trial court disagreed. In June 2024, the Honorable Michael D. Washington denied the anti-SLAPP motion and separately overruled Xcentric’s demurrer. The court explained that Mr. Selker was challenging Xcentric’s alleged business practices rather than suing over the anonymous post itself.

The court also found that Mr. Selker had presented evidence supporting his claims, including email correspondence with Ripoff Report’s founder, and that Xcentric had not established immunity under the Communications Decency Act.

The Court of Appeal’s Decision

Xcentric appealed, arguing that its website was a public forum and that the lawsuit targeted speech on a matter of public interest. Mr. Selker maintained that his claims targeted Xcentric’s alleged pay-to-remove business practices rather than the content of the anonymous review.

The Court of Appeal agreed that Xcentric had failed to show the claims arose from protected activity. The court focused on the alleged business conduct: soliciting negative reports to pressure their subjects to pay for relief. It did not treat the anonymous report itself as the basis of Mr. Selker’s claim.

Result of the Appeal

The Court of Appeal affirmed the denial of Xcentric’s anti-SLAPP motion. Mr. Selker is entitled to his appellate costs, and his proposed class action can continue in the trial court. The appellate decision did not decide whether Xcentric is liable for the alleged conduct.

Hogue + Belong partners Jeffrey L. Hogue and Tyler J. Belong represented Mr. Selker on appeal with appellate counsel Jon R. Williams of Williams Iagmin LLP.

Were You Targeted by a Ripoff Report?

If a Ripoff Report was posted about you or your business and you paid or were asked to pay to have it removed, redacted, or hidden from search results, you may be a member of the proposed class or have claims of your own. Hogue + Belong represents individuals and businesses harmed by unfair and predatory online reputation practices, and consultations are free and confidential. Contact us at (619) 238-4720 or through our website to speak with our legal team about your rights.