19 replies
Disclaimer: I know this is a legal question but I want to know what the collective experience and knowledge currently is while I am waiting for a legal person answer the question.

So I want to be corrected if I am wrong...

I have a fiverr gig where I will do a review of a product or service.

Today I received a request requesting that I say the following:

"Hey JJ, I know you're a busy guy, but I wanted to say thank you for your hard work with me this week in training. I learned more this week in training than I thought was possible, and I'm excited to trade with you every day. I'm thankful for this opportunity JJ, keep up the great work!!"

Now, I have never used this person's service soooo......

my question is this:

Can I not get in trouble for giving a testimonial of a service or product that I have never used???

Thanks,

John
#question #testimonial
  • Profile picture of the author RogueOne
    I have a fiverr gig where I will do a review of a product or service.
    This is a sketchy area, at best. Especially in the USA.

    Why are you messing with things that you don't understand?
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    • Profile picture of the author JohnDBrewer
      Hey RogueOne,

      Thanks for responding. That is the point of this post. I know how to do reviews and usually it requires access to a product or service to review it.

      This person ordered the gig asking for a testimonial which was not in the scope of the gig.

      This is the first time someone has requested a testimonial through this particular gig.

      I wanted some input from the community.

      John
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  • Profile picture of the author rodsav
    I would never give a testimonial for a product or service that I never used - it's just not ethical.
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    • Profile picture of the author JohnDBrewer
      @rodsav,

      That is true. I have already sent a response back to the buyer with those exact words...but was curious as to what the community knows about the rules of it.

      John
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      • Profile picture of the author glennshep
        I can't offer any input regarding the legalities but at the end of the day, it's your gig and so your rules. If you don't feel comfortable or have any doubts then don't do it. When I was learning the guitar my teacher used to say, "If in doubt, leave it out", meaning that it was better to not play a chord I was unsure of than to play it and make a mess of the whole song. The same goes for business; if you have doubts about anything it's better to err on the side of caution and not do something rather than risk making a mess of your whole business by making one silly mistake!

        Ethically I could only ever offer a testimonial on something I've used myself and I know that if I came across someone who had paid for false testimonials or someone who had been paid to give false testimonials then I wouldn't feel comfortable trusting either party.

        Well done for doing the right thing, John, and all the best with your endeavours
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      • Profile picture of the author Importexport
        Originally Posted by rodsav View Post

        I would never give a testimonial for a product or service that I never used - it's just not ethical.
        Originally Posted by JohnDBrewer View Post

        @rodsav,

        That is true. I have already sent a response back to the buyer with those exact words...but was curious as to what the community knows about the rules of it.

        John
        It's good to see at least one response saying that it would not be ethical, together with you saying you had already told the client the same.

        I am sure that if buyers or even potential buyers complained to them, the FTC would come down hard on both the users and the providers of fake testimonials, because it amounts to fraud.

        On my website I include a statement that all my testimonials and claims will be substantiated if requested by any official authority such as FTC in the US, or the relevant authorities I name in other countries where people buy my eBook on importing.

        I have never seen such an offer on any other website displaying testimonials. The reason I do it is because I know there are professional testimonial sellers who make a living out of the unethical practice, and there are many online vendors who are outright liars.

        As for the people who lie to unsuspecting buyers by using fake testimonials, all I can say is it shows that their product has no real value. CAVEAT EMPTOR!

        If anyone would like to see the wording I use, just check out the site link in my signature.
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        • Profile picture of the author paulie
          Hello John!

          Personally I would not feel comfortable using a non-genuine testimonial. Working online is all to do with building trust and credibility and doing so just doesn't sit well. My guess though is that there are stacks of people who don't care regardless and that's pretty sad for all of us.
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  • Profile picture of the author WillR
    John,

    I must be honest and say I can't even believe this was a question you needed to ask. It is misleading at best and very immoral. It's things like this that are ruining our industry. If you have not used a product or service then you have absolutely no right to be writing a review or a testimonial for that product/service.

    I'm also not a huge fan of people selling their review services like you are. There is a reason reviews from sites like fiverr are banned from forums like this. First of all I think they are too swayed and second of all I would imagine a lot of the people looking for reviewers on sites like that are doing so for a reason -- because they can't get real people to leave feedback about their product or service because it sucks.

    I may be wrong...
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    • Profile picture of the author JohnDBrewer
      When I first read a couple of responses...I wanted to lash out because I felt that they were offensive. I had a pretty strong response back.

      BUT...as I was previewing the post, I could not be help think of "How to Win Friends and Influence People" and some of the examples in there and how people reacted to strong criticism or negative statements and I knew I had to be better.

      The whole point of this question was not of the ethics of the question. I am an ethical person and was not going to do the testimonial for that reason.

      I wanted to know what people understood of the legality of it.

      THAT was my question. There is an illegality to it, as I have found out.

      To those that responded...thank you for at least taking a moment of your time to respond. Those that read this...I hope you learned something from my question.

      Good night everyone,

      John
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      • Profile picture of the author PCH
        He knows what he's asking is unethical. Don't join that gang would be my advice. Stick to what's morally right regardless of what's legally allowable.

        Just my 2c
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      • Profile picture of the author Importexport
        Originally Posted by JohnDBrewer View Post

        When I first read a couple of responses...I wanted to lash out because I felt that they were offensive. I had a pretty strong response back.

        BUT...as I was previewing the post, I could not be help think of "How to Win Friends and Influence People" and some of the examples in there and how people reacted to strong criticism or negative statements and I knew I had to be better.

        The whole point of this question was not of the ethics of the question. I am an ethical person and was not going to do the testimonial for that reason.

        I wanted to know what people understood of the legality of it.

        THAT was my question. There is an illegality to it, as I have found out.

        To those that responded...thank you for at least taking a moment of your time to respond. Those that read this...I hope you learned something from my question.

        Good night everyone,

        John
        John,

        What you have written highlights the fact that most people seem too lazy to read what has actually been asked, or else they want to hijack a thread for their own objectives.

        I have done a quick check through the thread again and find that I have been the only one in all these 16 posts who has actually answered the question. For those interested, you can take a shortcut by going straight to post #7.
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  • Profile picture of the author cpoalmighty
    This is a no brainer...you can't review something you never used!
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  • Profile picture of the author PTaubman
    This is going to be a blunt response:

    If you are ok lying and being dishonest, then it is ok.

    There are ways to provide testimonials without reviewing a product, but you are not stating info about the actual product. For example, if the testimonial is for a list Building course, you could say:

    I have found that List Building is one of the most important aspects of building an online business. There are hundreds of courses out there big names like Joe X, Steve X, and Sally Y. They would not mess around with high ticket courses of their own on List Building if it was not important. Whatever you do, you need to List Build.
    - John Smith, myDomain.com


    This type of testimonial is playing to the importance of the topic, not the product.

    Some may still say this is sketchy.

    Paul.
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  • Profile picture of the author talfighel
    You can review a product that you never used before but giving out a testimonial about a product that you never tried is going to a new low level. You should not do it. Get the product first and see if you like it and then give your own testimonial but be honest about it.
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  • Profile picture of the author MouseandMice
    The FTC has been cracking down on websites that pretend to review products and sell via their affiliate link because it is unethical to say you like a product when you have a vested interest in it.

    Pretty sure that "getting paid to pretend you think X about a product" takes it to a whole 'nother level!

    With that said, a way to get around it is to make a note that you will be giving an "honest review" and that they are paying you for your time.

    That way, the FTC can kick rocks.
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  • Profile picture of the author JohnDBrewer
    Thank you for the further replies.

    @MouseandMice - Are you referring to the video review?? Like somewhere in there say that I am getting paid for my review?

    Not sure if I understand that.

    John
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    • Profile picture of the author MouseandMice
      Originally Posted by JohnDBrewer View Post

      Thank you for the further replies.

      @MouseandMice - Are you referring to the video review?? Like somewhere in there say that I am getting paid for my review?

      Not sure if I understand that.

      John
      No I mean that you should make it clear in the gig that they are NOT paying YOU for a GOOD review... they are paying you for your TIME to check out the product and you will give an honest review.

      AKA-- you are covering yourself.
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  • Profile picture of the author PROmotions LLC
    Don't do it you are just fooling their customers and it benefits you in no way.
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