--- url: 'https://www.fmjlaw.com/defamation-minnesota-court-of-appeals-clarifies-when-upepa-minnesotas-anti-slapp-law-applies-to-online-business-reviews/' title: 'Defamation: Minnesota Court of Appeals Clarifies When UPEPA (Minnesota’s Anti-SLAPP Law) Applies to Online Business Reviews' author: name: Adam url: 'https://www.fmjlaw.com/author/adam-brownfmjlaw-com/' date: '2026-01-09T19:31:50+00:00' modified: '2026-01-09T19:32:27+00:00' type: post summary: The MN Court of Appeals held that Minnesota’s Anti-SLAPP law does not automatically apply to defamation claims for on online business reviews. categories: - Article - Thought Leadership tags: - anti-slapp - defamation - online review published: true --- # Defamation: Minnesota Court of Appeals Clarifies When UPEPA (Minnesota’s Anti-SLAPP Law) Applies to Online Business Reviews **Summary:** In *Paragon Restorations, LLC v. Robinet Productions, LLC*, the Minnesota Court of Appeals held that Minnesota’s Uniform Public Expression Protection Act (UPEPA) does not automatically apply to defamation claims based on online business reviews. Even where a claim involves consumer commentary, defendants must still show that the speech involves a matter of public concern to recover attorney’s fees under UPEPA. ## Anti-SLAPP Law in Minnesota Minnesota enacted the Uniform Public Expression Protection Act (UPEPA) on January 1, 2024 ([click here to learn more](https://www.fmjlaw.com/minnesotas-uniform-public-expression-protection-act-applied-in-dismissal-of-defamation-case/)). UPEPA is a type of “Anti-SLAPP” legislation which most, but not all, states have adopted. “SLAPP” stands for Strategic Litigation Against Public Participation, and “anti”-SLAPP legislation is intended to protect against defamation lawsuits meant to stifle free speech on matters of public interest. UPEPA allows defendants to seek early dismissal of certain claims, without the cost of discovery, and, relevant to this case, to recover attorney’s fees. Approximately one year after UPEPA became effective, the Minnesota Court of Appeals has issued a ruling that clarifies the application of this statute. ## Does UPEPA Apply to Online Business Reviews in Minnesota? In [*Paragon Restorations, LLC v. Robinet Productions, LLC*](https://law.justia.com/cases/minnesota/court-of-appeals/2025/a25-0826.html), No. A25-0826 (Minn. Ct. App. Dec. 29, 2025), Robinet Productions (“Robinet”) sued Paragon Productions (“Paragon”) for defamation because Paragon posted a review on the internet stating, “I was denied payment for works and services provided. If you are a contractor or business owner, do not work with this company.” At trial, the district court found in favor of the defendant, Paragon, and dismissed the lawsuit for failure to state a claim (the specific reasons were not set out in the Court of Appeals decision). The district court found that the claim was not subject to UPEPA, and that the defendant, Paragon, was not entitled to attorney’s fees.  Even though Paragon “won” dismissal of the case, it appealed the decision denying its request for attorney’s fees under UPEPA. ## Can a Defendant Recover Attorney’s Fees Under UPEPA? Yes, but only if the statute applies, including the public concern requirement. Paragon’s argument on appeal was based on the following language in Section 554.08(d)(2) of UPEPA: (d) Sections 554.07 to 554.19 apply to a cause of action asserted under paragraph (c), clause (3), (8), or (11), when the cause of action is: (2) a legal action against a person related to the communication, gathering, receiving, posting, or processing of consumer opinions or commentary, evaluations of consumer complaints, ***or reviews or ratings of businesses***. Paragon asserted that because the facts of the lawsuit involved a review of a business (an increasingly common source of litigation) that UPEPA should apply. The Court of Appeals affirmed determination that UPEPA did not apply because the statute *also* requires the defendant to show that the alleged defamatory communication was speech involving a matter of “public concern” which, the Court held, it was not. ## Takeaways *Why does this decision matter for businesses and contractors?* The *Paragon* decision provides guidance regarding the application of this relatively new statute, especially as it relates to online business reviews. *Paragon* limits when UPEPA can be used defensively in defamation cases arising from private business disputes. *What Counts as a “Matter of Public Concern” Under UPEPA?* Under UPEPA, speech involves a matter of public concern when it relates to issues affecting the broader community, such as public health, safety, consumer protection, or matters beyond a private business dispute. The Court of Appeals emphasized that a single online review arising from a private payment disagreement does not automatically rise to the level of public concern. --- *If you have questions about defamation, online business reviews, or Minnesota’s Anti-SLAPP statute (UPEPA), the attorneys at Fafinski Mark & Johnson have direct experience litigating UPEPA cases before Minnesota courts.* [](https://www.addtoany.com/add_to/facebook?linkurl=https%3A%2F%2Fwww.fmjlaw.com%2Fdefamation-minnesota-court-of-appeals-clarifies-when-upepa-minnesotas-anti-slapp-law-applies-to-online-business-reviews%2F&linkname=Defamation%3A%20Minnesota%20Court%20of%20Appeals%20Clarifies%20When%20UPEPA%20%28Minnesota%E2%80%99s%20Anti-SLAPP%20Law%29%20Applies%20to%20Online%20Business%20Reviews)[](https://www.addtoany.com/add_to/twitter?linkurl=https%3A%2F%2Fwww.fmjlaw.com%2Fdefamation-minnesota-court-of-appeals-clarifies-when-upepa-minnesotas-anti-slapp-law-applies-to-online-business-reviews%2F&linkname=Defamation%3A%20Minnesota%20Court%20of%20Appeals%20Clarifies%20When%20UPEPA%20%28Minnesota%E2%80%99s%20Anti-SLAPP%20Law%29%20Applies%20to%20Online%20Business%20Reviews)[](https://www.addtoany.com/add_to/email?linkurl=https%3A%2F%2Fwww.fmjlaw.com%2Fdefamation-minnesota-court-of-appeals-clarifies-when-upepa-minnesotas-anti-slapp-law-applies-to-online-business-reviews%2F&linkname=Defamation%3A%20Minnesota%20Court%20of%20Appeals%20Clarifies%20When%20UPEPA%20%28Minnesota%E2%80%99s%20Anti-SLAPP%20Law%29%20Applies%20to%20Online%20Business%20Reviews)[](https://www.addtoany.com/add_to/linkedin?linkurl=https%3A%2F%2Fwww.fmjlaw.com%2Fdefamation-minnesota-court-of-appeals-clarifies-when-upepa-minnesotas-anti-slapp-law-applies-to-online-business-reviews%2F&linkname=Defamation%3A%20Minnesota%20Court%20of%20Appeals%20Clarifies%20When%20UPEPA%20%28Minnesota%E2%80%99s%20Anti-SLAPP%20Law%29%20Applies%20to%20Online%20Business%20Reviews)