Is Using Fake Testimonials Illegal?

[jedijames]

Hello Everyone,

I was wondering is using fake testimonials is illegal. I am just asking because I see them on almost every health websites.

[Paul McQuillan]

Yeah, and they are getting busted right and left. Most "testimonials" are from "Mary S" and "George P". Not a lot of last names.

Forget the legal part, it's unethical

[waihon]

It might or might not be illegal but it's definitely unethical to use fake testimonials.

[TheRichJerksNet]

Not a lawyer and we are dealing with world wide law anyways... As for ethics, that depends upon what your ethics are...

Should you use fake testimonials ?? Not in my opinion... If you want to be seen as someone fake then go right ahead but many many people can see through fake testimonials... It boils down to credibility...

James

[Clint]

There are no laws as such against fake testimonials but there are laws against gaining a monetary advantage by deception.

"Fake" testimonials - Dev Shed

This is what I know. Hope it helps.

Clint S.

[Kevin AKA Hubcap]

Got a quick question.

What's the difference between a commercial (using actors) that advertises a product and a fake testimonial?

Kevin

[Alexa Smith]

Originally Posted by Kevin AKA Hubcap

What's the difference between a commercial (using actors) that advertises a product and a fake testimonial?

Case-law. (In Europe and the US, anyway).

One's an attempt to obtain a pecuniary advantage by deception and the other isn't, according to the courts.

[jedijames]

Originally Posted by Kevin AKA Hubcap

Got a quick question.

What's the difference between a commercial (using actors) that advertises a product and a fake testimonial?

Kevin

Yes that would interest me to.

[markquinn]

Originally Posted by jedijames

Hello Everyone,

I was wondering is using fake testimonials is illegal. I am just asking because I see them on almost every health websites.

I think it's OK as long as they put a really hard to read disclaimer in a greyed out font in a 6 point font size way at the bottom of the page after at least a screenfull of empty space that says, "All the stuff on this page is completely made up and is basically a bunch of nonsense".

Disclaimer for this post:































I am not an attorney and this is not an official legal opinion.

[rosetrees]

I've a feeling most commercials are along the lines of - this product/service does xyz. If an actor is talking about the benefits they've gained, they rarely give their name - they are acting out a scenario. (Yes, I know some celebs advertise, but I've a feeling they might have to have some tie with the product)

Testimonials say I (the testifier) have USED this produce and this is MY opinion.

[Adam Carn]

Originally Posted by markquinn

I think it's OK as long as they put a really hard to read disclaimer in a greyed out font in a 6 point font size way at the bottom of the page after at least a screenfull of empty space that says, "All the stuff on this page is completely made up and is basically a bunch of nonsense".

Disclaimer for this post:































I am not an attorney and this is not an official legal opinion.

LOL that made me laugh.

[Andyhenry]

Forget what other people are doing - YOU know it's wrong, so the decision about what you do is yours.

[Lance K]

Testimonials are about boosting credibility through social proof.

I can't see how faking social proof in an attempt to boost credibility could be considered anything but a big fat oxymoron.

Regardless of legality, it's a terrible idea.

[sbucciarel]

The FTC and the ad networks/publishers are cracking down on them. You could probably also lose your Adwords acct depending on what you are promoting as Google is also cleaning house.

[AvidAZ]

It's not illegal and sadly most businesses write their own testimonials and product reviews. However, it is illegal to give a false testimony against a product that is untrue as the company could sue you for damages.

[BrianMcLeod]

There's a huge difference between having a celebrity spokesperson
and a Google image pasted into a johnson box with a made-up name
and completely fabricated story designed solely to deceive the consumer.

In large part, the bottom line comes down to how the advertisement
is perceived by the average, reasonable consumer as defined by the FTC.

However, the "net impression of a reasonable consumer" is dangerously vague.

What you say, how you say it, where you say, when you say it,
all of these are subject to interpretation. They are viewed through
the lens of the advertiser's overall pattern of conduct as judged by
the government.

If you have a pattern of complaints from consumers... and your
testimonials are fake... and you fail to make proper disclosures
where mandated... all of that colors the "net impression of a
reasonable consumer" and is weighed against you.

If you have an spokesmodel or actor singing the praises of your offer
without proper disclosure, but have an otherwise compliant advertisement...
that's going to change the equation, significantly in some ways.

IMO, the documentation now required for compliant use of virtually
any testimonial is onerous and many of us can only watch and wait
to see the first application of the FTC's new "teeth".

From my perspective, the new testimonial guidelines are not
particularly intended to bring more cases, but to grind those
brought into a finer powder.

Simple answer... treat fake testimonials as illegal and treat real
testimonials as assets that require complete documentation.

Best,

Brian

[Kevin AKA Hubcap]

It just seems like two sides of the same coin. I can pay someone to be on a nationally televised tv spot and say they use my product (when they don't) but I can't pay someone to say the same thing on a sales page.

Kevin

Originally Posted by Alexa Smith

Case-law. (In Europe and the US, anyway).

One's an attempt to obtain a pecuniary advantage by deception and the other isn't, according to the courts.

[Michael Mayhew]

fake 1 (fk)
adj.
Having a false or misleading appearance; fraudulent.
n.
1. One that is not authentic or genuine; a sham.
2. Sports A brief feint or aborted change of direction intended to mislead one's opponent or the opposing team.
v. faked, fak·ing, fakes
v.tr.
1. To contrive and present as genuine; counterfeit.
2. To simulate; feign.
3. Music To improvise (a passage).
4. Sports To deceive (an opponent) with a fake. Often used with out.

[Alexa Smith]

Originally Posted by Kevin AKA Hubcap

It just seems like two sides of the same coin.

Not quite, to me, I must say.

Originally Posted by Kevin AKA Hubcap

I can pay someone to be on a nationally televised tv spot and say they use my product (when they don't)

I doubt this. I imagine that either they have to have used your product or they have to be employed to appear on behalf of someone who really has and said those words. Or something like that. How enforceable these things are I have no idea. I don't think it's quite as simple as something allowed in one medium being disallowed in another, anyway. But, as the saying goes, I am not a lawyer and don't even play one in a Bar Association commercial on TV.

[Top Notch Content]

I don't know if this is helpful to anyone, but I try to make sure my material follows these guidelines.

I am pretty sure it is in the process of being revised, but it is a good place to start...

FTC GUIDES CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING

[TMG Enterprises]

Even the television commercials, at least here in the US now, have been putting right on them that the endorsements are paid or that they are using actors.

Tina

[markquinn]

Originally Posted by BrianMcLeod

In large part, the bottom line comes down to how the advertisement
is perceived by the average, reasonable consumer as defined by the FTC.

However, the "net impression of a reasonable consumer" is dangerously vague.

What you say, how you say it, where you say, when you say it,
all of these are subject to interpretation. They are viewed through
the lens of the advertiser's overall pattern of conduct as judged by
the government.

Best,

Brian

Yep. I specifically asked Lesley Fair, the Attorney at the FTC in charge of Business Education this:

I just watched your informative 2007 staff presentation on Clear and
Conspicuous disclosure. The only part I didn't quite understand
was how the "net effect to consumers" is determined.

Here was her answer:

"Hi, Mr. Schlegel. You raise an interesting question about how the FTC determines the “net impression.” Because the FTC deals daily with the question of what’s deceptive, the Supreme Court has said that it has the expertise in most cases to make that determination: “As an administrative agency which deals continually with cases in the area, the Commission is often in a better position than are courts to determine when a practice is deceptive within the meaning of the Act. This Court has frequently stated that the Commission's judgment is to be given great weight by reviewing courts. This admonition is especially true with respect to allegedly deceptive advertising since the finding of a violation in this field rests so heavily on inference and pragmatic judgment.”

Sometimes the process depends on whether it’s an express claim or a subtler implied claim. Here’s how the United States Court of Appeals described the process in Kraft v. FTC: “In determining what claims are conveyed by a challenged advertisement, the Commission relies on two sources of information: its own viewing of the ad and extrinsic evidence. Its practice is to view the ad first and, if it is unable on its own to determine with confidence what claims are conveyed in a challenged ad, to turn to extrinsic evidence. The most convincing extrinsic evidence is a survey of what consumers thought upon reading the advertisement in question, but the Commission also relies on other forms of extrinsic evidence including consumer testimony, expert opinion, and copy tests of ads.”

One of the best summaries of what makes an advertising claim deceptive us the FTC’s long-standing Deception Policy Statement: FTC POLICY STATEMENT ON DECEPTION

I hope that answers your question, but please let me know if you’re looking for more information. As I’m sure you know, we have lots of materials for consumers about evaluating business opportunities, including work-at-home offers: FTC : Business Opportunities And although we do have a YouTube channel with videos for consumers – YouTube - FTCvideos's Channel -- we haven’t yet uploaded FTC legal presentations. But we are in the process of putting together some videos to help businesses comply with the law and help consumers protect themselves from rip-offs. Here’s one 15-minute tutorial on data security for business to give you an idea of what we’re starting to do: FTC -- Protecting Personal Information: A Guide for Business "

Paul Schlegel/MarkQuinn

[Colin Palfrey]

Why not do what everyone else does and give away free trial/samples in exchange for a review. I have reviewed a huge amount of products now and I do it because

A:I get free stuff
B:I get a link back to my site

If you want a review post a topic like "Free samples/trial for warriors for review"
It works!!

[Clint]

Originally Posted by markquinn

I think it's OK as long as they put a really hard to read disclaimer in a greyed out font in a 6 point font size way at the bottom of the page after at least a screenfull of empty space that says, "All the stuff on this page is completely made up and is basically a bunch of nonsense".

Disclaimer for this post:































I am not an attorney and this is not an official legal opinion.

5 years ago people would have believed that I was practically advise.

Oh how times change.....

Clint S.

[ourland]

Anything that is BAD han no two names other than
it is BAD! Using FAKE testimony may bring in money
for you in the short run BUT the long run effect ia such
that you will be forcred out of the market.

So in my opinion AVOID it at all cost.

[seoessex]

Come on man, everyone fakes testimonials or get their friends to write them.

Just not many will admit it.

[handyman]

Not illegal but not ethical IMHO.

[Johnny12345]

Go to the FTC website and read some of their documents.

I'm NOT an attorney, but it's my best guess that a fake testimonial is almost always illegal. If you make untrue statements to induce someone to buy, that's called fraud. (And for what other reason would you make a fake statement?) However, there is a difference between "puffery" (sales talk) and fraud.

And even if it isn't illegal yet, there are very strict new rules pending. Even blogging and celebrity endorsements are under fire.

If you use fake endorsements or testimonials you risk attracting the attention of the FTC, FDA or SEC. And that's something you don't want to do. Just ask Frank Kern -- he experienced the wrath of the FTC firsthand.

The safest route to take is to err on the side of caution.

Johnny

[rosterling]

Below is a link to an article about how much trouble someone got into by using false claims and fake testimonials.


Shelby County man sentenced for health-remedy scam : Local News : Memphis Commercial Appeal

[thezone]

Originally Posted by jedijames

Hello Everyone,

I was wondering is using fake testimonials is illegal. I am just asking because I see them on almost every health websites.

Well....yeah...and depending on what is stated in the testimonial when it is proven to be false, you can be held civilly (and possibly criminally) liable.

Let me give you a scenario.

Maria claims to teach Tania and Oliver how to make money using "social media", in turn (to garner Maria's testimonial) both Oliver and Tania give testimonials of an exact monetary outcome based on the training. Oliver claims to be making 5 to 10K per day on twitter, and Tania claims to be making 5 digit months back to back since the training and making 24K in 5 days.

Donna who also took the course, didn't find any benefit from the course (to the contrary, she feels the course and testimonials were false). So Donna takes the training modules and video testimonial as proof of deceptive advertising practices, and files a statement of claim for both actual and exemplary damages.

Donna provides audio proof that Maria garnered "testimonials" using the premise that a testimonial would be seen by many on her list and claims it will give them an air of credibility. The fact that Maria states to fake it, and use streaming media sites in an attempt to hide unfavorable metrics which would make you not look like an expert, and the fact that the testimonials show a specific outcome and are used to garner credibility for Maria's course, they become admissible as evidence in the case against Maria.

While Maria can claim she had no knowledge that the results in the testimonials were false, there is a preponderance (remember civil liability) of evidence that shows Maria acted in a complicit manner in a clear attempt to deceive (furthering her "credibility), based on her own teachings, it is easily arguable that she knowingly published falsified claims.

Maria loses the civil aspect. Now in walks the FTC, who goes to Oliver and Tania, and a few others who Maria Garnered specific monetary testimonials from, and demands proof of advertised testimonials (guess who is going down...and who is going to save their ass). Maria believes an "earnings disclaimer" is going to save her ass, but everything that comes out of her own mouth, and is fully documented BS by both Audio and Video will take her down.

Advertising and Marketing on the Internet: Rules of the Road



here is two things people should be aware of

Testimonials and Endorsements

Testimonials and endorsements must reflect the typical experiences of consumers, unless the ad clearly and conspicuously states otherwise. A statement that not all consumers will get the same results is not enough to qualify a claim. Testimonials and endorsements can't be used to make a claim that the advertiser itself cannot substantiate.

Connections between an endorser and the company that are unclear or unexpected to a customer also must be disclosed, whether they have to do with a financial arrangement for a favorable endorsement, a position with the company, or stock ownership. Expert endorsements must be based on appropriate tests or evaluations performed by people that have mastered the subject matter.
See FTC Guides Concerning Use of Endorsements and Testimonials in Advertising.


-------
The FTC Act prohibits unfair or deceptive advertising in any medium. That is, advertising must tell the truth and not mislead consumers. A claim can be misleading if relevant information is left out or if the claim implies something that's not true.

[Online Bliss]

When it comes to internet marketing I usually believe
the testomonial of a well known marketer I have heard of.
They would be putting their reputation in jeopardy.
I wonder what would happen if there was a kind of feedback site or script like on ebay.
Never mind, that might work with fellow marketers but not
the general public.

[freudianslip27]

I was surprised at some auctions of Flippa that are for websites selling products like an ebook, and they are brand new and yet have testimonials all setup in them.

What's up with that?

Matt

[Tsnyder]

Originally Posted by AvidAZ

It's not illegal and sadly most businesses write their own testimonials and product reviews. However, it is illegal to give a false testimony against a product that is untrue as the company could sue you for damages.

I don't know where you live, my friend, but in the good old
US of A it is most definitely illegal to use fake testimonials as
an inducement to purchase.

If the FTC... or state/local authorities... ever investigate your
business you better have those testimonials on file with verifiable
contact info for the individuals.

Tsnyder

[bobsilber]

Originally Posted by markquinn

I think it's OK as long as they put a really hard to read disclaimer in a greyed out font in a 6 point font size way at the bottom of the page after at least a screenfull of empty space that says, "All the stuff on this page is completely made up and is basically a bunch of nonsense".

Disclaimer for this post:































I am not an attorney and this is not an official legal opinion.

ROFLMAO - Great One

[James Pateman]

I think it's about 'sleep-easy-money'. That's where the money you make doesn't cause you to loose sleep about being 'found-out'

regards,
James Pateman

[Rich Creal]

Originally Posted by jedijames

Hello Everyone,

I was wondering is using fake testimonials is illegal.

Yes, they are.

[claytons]

for what it's worth...Our legal team's advice for testimonials on our sales page is that...not only do they have to be real (of course), but we have to have some kind of documentation...that we check...of any revenue claims.

That would include affiliate accounts, tax returns, 1099's etc.

[Alexa Smith]

Originally Posted by Tsnyder

I don't know where you live, my friend, but in the good old US of A it is most definitely illegal to use fake testimonials as
an inducement to purchase.

It is in Europe, too. I think it probably is everywhere, really. Some of the responses in this thread surprise me a lot and don't make me too proud of this industry.

[mrozlat]

Originally Posted by freudianslip27

I was surprised at some auctions of Flippa that are for websites selling products like an ebook, and they are brand new and yet have testimonials all setup in them.

What's up with that?

Matt

you take your product and you approach people in your industry to review it (critique it)... then ask for feedback... if it is good ask if you have permission to use it as a testimonial...

if your critique suggests you make some changes... make the changes to improve your product and then get a positive response to use as a testimonial... that's the right way to go about it!

[Louise Evans]

I don't agree with using them, but I notice a couple of marketing 'gurus' encouraging it, which gives noobs the impression that it's ok.

[Steven Wagenheim]

Okay, saw one of those drug commercials one day and the person was
saying how they took the drug and it helped their problem.

I immediately recognized this guy as an actor from a daytime soap I watch.

Unless this guy actually DOES use the drug, how the hell do these drug
companies get away with doing this?

That is what I would like to know?

[Alexa Smith]

Originally Posted by Steven Wagenheim

how the hell do these drug
companies get away with doing this?

I think the answer is that they're employing an actor to say the lines of a genuine testimonial that was given by someone else. The person isn't the same one, in other words, but the testimonial itself is a valid and proper one of which the original can be inspected at the company's home office on request by any interested party. Or something like that?

[CmdrStidd]

Originally Posted by Lovelylou

I don't agree with using them, but I notice a couple of marketing 'gurus' encouraging it, which gives noobs the impression that it's ok.

Any 'gurus' encouraging this behaviour should be shot on site, no questions asked. Fake testimonials are so lame when all it takes is asking someone to try it and give their opinion of it. If a 'guru' is telling you to do something like this then he or she is not a guru at all. They are a fake and a fraud and a counterfeit. They are a wolf in sheep's clothing. Let me see, I know I am missing some other names for them but I just cant think of any more.

You all feel free to add to my list of names for these kinds of 'gurus'.

[CmdrStidd]

Originally Posted by Steven Wagenheim

I immediately recognized this guy as an actor from a daytime soap I watch.

Steve!?!?

You shock me!! YOU watch soaps?

I am flabbergasted! BTW, I personally like Bold and the Beautiful and The Young and the Restless. Which ones do you watch?

LOL

[Laguna Beach Biz]

You can look at this in 3 ways:

1. Is it legal? ... No

The FTC Act's prohibition on "unfair or deceptive acts or practices" broadly covers advertising claims, marketing and promotional activities, and sales practices in general.

2. If you think you're going to sell your product or service using posting fake testimonials and this is your marketing strategy ... You need to find a new line of work

3. And here's the ethical question. How would you feel if the shoe's on the other foot? Would you like to get scammed by someone who set you up with fake testimonials?

It's all about online reputation, building credibility and a long term business.

[mrozlat]

Originally Posted by Alexa Smith

The person isn't the same one, in other words, but the testimonial itself is a valid and proper one of which the original can be inspected at the company's home office on request by any interested party.

Who decides on how valid the testimonial is? If it's on a TV ad... is it not "real" even though it is a celebrity endorsement where someone gets paid?

I'm not sure what drug it was... but for example... panadol or something for a headache... who's going to prove that it did or didn't sure paris hilton's headache? From a marketing point of view, the company is stoked because the endorsement brings them sales and a massive cult following.

If there really are bodies out there who think they can govern whether or not a testimonial is authentic are dreaming... not to say that it's right to fabricate these things, but is it wrong?

Who's to say? If as a consumer I read a testimonial that highlights a benefit off the product that pushes my button to buy... and I get a great product, I am ofcourse grateful (whether "real" or "fake" testimonial). The thing is that that will never be reported or talked about, the thing that will be talked about if the proverbial hits the fan and a testimonial misleads the consumer into buying a crappy product (whether "real" or "fake" testimonial).

But then again, if there are no testimonials used, and I miss out on a great product that would actually benefit me... wouldn't that be more unethical than having a fake testimonial that leads me to what I was looking for.

[Patrice Le Vexier]

Originally Posted by Steven Wagenheim

Unless this guy actually DOES use the drug, how the hell do these drug
companies get away with doing this?

That is what I would like to know?

Well, they have tons of money, shark lawyers and lobby hard enough to be protected.

Only the small players get screwed, like usual.

Patrice

[Steven Wagenheim]

Originally Posted by CmdrStidd

Steve!?!?

You shock me!! YOU watch soaps?

I am flabbergasted! BTW, I personally like Bold and the Beautiful and The Young and the Restless. Which ones do you watch?

LOL

All My Children and One Life To Live

Watched Guiding Light until it went off the air on Friday.

[Alexa Smith]

Originally Posted by mrozlat

Who decides on how valid the testimonial is?

The advertiser's lawyer? I'm guessing.

[exclusive1]

Hello Jedijames- if it isn't it should be. But honestly, how would you police/enforce such a thing??? Also, I totally agree with Paul and the others, it's unethical! Sometimes I can tell the testimonials are so phony. Can't you?

The bottom line is- DON'T USE FAKE TESTIMONIALS!

Best Wishes,
Brad Marcus