Legal - Is "Case Study" the new workaround term for "Testimonial"?

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I was just looking at a marketing email talking about case studies in their sales presentation. And I was struck with that term. Since testimonials are under more scrutiny by the FCC, is the term "case study" now the preferred way to refer to testimonials?

Or are there better ways to handle testimonials?

Marvin
#main internet marketing discussion forum #case study #legal #testimonial #workaround
  • I would suggest that you "carefully" read over the guide, also here is some really good information, http://www.warriorforum.com/blogs/ti...-business.html

    By the way using "case study" without having verifiable scientific proof, is a great way to end up in a lot of trouble.
  • This appears to be more a matter of semantics, and that was what struck me with the email (Russell Brunson BTW). But if a series of case studies can be used to support the sale of a product, it would seem like a good thing.

    I tend to view a lot of this as "form over substance", and perhaps this "form" will work .

    Of course with the usual disclaimers (ala Frank Kern ... I don't know anything ...).

    Marvin
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  • http://www.warriorforum.com/blogs/ti...-business.html

    ^^ That's a good read.
    "Case study" didn't really mean scientific proof that they actually studied with. Nope. It's all part of the selling act. It works as a testimonial, support, or quotes, etc.

    "Case studies" can be a good support. I don't know how to use them myself tho.
    But it's a good persuasive thing.

    Would you rather buy this skin cleaning product that's brand new to the industry. Or a product that is persuasive AND case studies were done/proven on it to work/do whatever is it.
  • All I can say is Wow, Seriously you should read the document, FTC Publishes Final Guides Governing Endorsements, Testimonials

    In this case, semantics, will earn you a nice 8x8 Cell in the grey bar hotel.

    Serious you should seriously consider reading the document, because words have meaning, in this case, when you say case study the FTC requires that you have reputable scientific proof of any claims you make, (case study) is a claim, if you do not have that proof, then you could be, in violation and found to have engaged in deceptive advertising.

    There is no way around this there is no way to word it so that you can CYA, if you make any claim at all, you have to be able to prove it, period.

    The best thing to do is to make no claim at all, until and unless you have obtained the advice of a legal professional who is willing to bail you out of jail if he or she is wrong on the advice they give you.

    FYI, this is not advice, ---
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    • You are right, I really need to read the original document .

      "Under the revised Guides, advertisements that feature a consumer and convey his or her experience with a product or service as typical when that is not the case will be required to clearly disclose the results that consumers can generally expect."

      "The Guides are administrative interpretations of the law intended to help advertisers comply with the Federal Trade Commission Act; they are not binding law themselves. In any law enforcement action challenging the allegedly deceptive use of testimonials or endorsements, the Commission would have the burden of proving that the challenged conduct violates the FTC Act."

      It appears that while we may not be able to CYA, that is exactly what the FTC is doing with their guidelines (note the 2nd quote.)

      To some extent, this is a moot point in my situation ... I don't use testimonials, case studies, or anything else except word of mouth.

      But it is interesting.

      Marvin
    • Nice blog you have there Tim. I enjoyed your article on PLR.

      Will

    • This is one of those cases where your both right.

      Marvin's right.... it is semantics, that people are trying to use to 'slip' by rules and regs..

      And your right , you better be careful.

      "You" ( average guy) don't have the money to play the games that credit card companies and lawyers and a whole lot of others have been playing for years...trying to turn this into that and that into this.

      You better have a whole lot of money before you try changing day into night and vice verse.

      The best way is yes and no...am I lying or not.


      Remember the golden rule...Those who have the gold define the semantics.



      Jim
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  • Banned
    [DELETED]
  • I did not really think of these as the same word before but I guess they really are. I mean a case study seems to me like someone trying a method and doing well and sharing it. Same thing with a testimonial.
  • Case studies to me mean actual in-depth analysis, as well as proof of how the tool/product/etc was used. You're right, though, I've been seeing a lot of "case studies" (glorified testimonials) that probably don't meet the FTC's requirements for proof. Be careful if it's something you plan to use.
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  • Case study DOES indicate that it is more controlled, etc.... The way it USUALLY works is people hear about experiences, via things like testimonials, and THEN, if there is a pattern about something worth finding out, they launch a case study. Here is how wikipedia describes it:

    NOTE, it says RESEARCH, COMMON METHOD, IN DEPTH INVESTIGATION.

    Steve
  • What's your attorney's opinion?
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    • Definitely needs to ask the attorney - but ALSO needs to read the FTC guidelines himself and contact the FTC - they won't answer questions about specific sales letters obviously, but they often WILL answer more general questions to at least give you a sense of HOW they are thinking about things.
  • And theft is illegal so I call it permanently borrowing without asking.

    Call your fake testimonials anything you want, it's not going to make a difference. Being clever doesn't work in front of a judge or government agency.
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    • I am NOT talking about fake testimonials, case studies, or any other false way of presenting a sales page. Putting down false information is fraud, pure and simple.

      I have no idea where you got that idea, but I thought I'd better make it clear that is not what I'm talking about.

      Marvin
  • Then you have nothing to worry about.

    Testimonials, case studies or whatever you want to call them are not illegal and if used correctly wont land you in any trouble.

    Tim Franklin gave some great links on how to use this stuff properly and avoid trouble.

    Unfortunately, the internet is global so you're going to have 3rd world knuckleheads pulling pics from google and making stuff up just to make a buck.
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