Saturday, July 08, 2023

Galaxy: 5 Stars For Sale?

Not for the first time, I wish to talk about dishonest reviews. It's not sour grapes on my part. It's relevant. 

If one solicits five-star reviews, and perhaps offers a meaningful incentive to the potential author of the review (with the explicit condition that the review must be for four or five stars in order to qualify for a rent rebate, a pearl necklace, a valuable --or not-- gift) one might be in legal jeopardy.

Authors do it. Student housing does it. 

They may think that no one will notice or care, but the FTC is cracking down. That's why I think it is worth summarizing --again-- what's new on the legal blogs on the matter.

See example #4 on page 6/84 of this:

It is about "repurposing reviews".

How many have taken the most favorable line or two from a prestigious review (even if the rest of the review might have been lukewarm about the work) and used it to promote ones book? Aparently, doing that could be deceptive.

Jeff Greenbaum, reliable authority and long time legal blogger for the Global Advertising Lawyers Alliance, writes this on so-called fake reviews:

http://blog.galalaw.com/post/102iieg/ftc-releases-updated-endorsement-guides-and-proposes-new-rule-on-fake-reviews

and also this:

https://www.lexology.com/library/detail.aspx?g=f5c7c726-b136-487b-ac42-bd9a0fc79d8b

The government's frowning interest is not confined to prose reviews. Even "likes" could potentially get one into trouble.

Rebecca B. Lederhouse of the law firm Baker McKenzie discusses endorsement advertising guides, influencers and "fake" reviews. While the general principles have not changed, much has now been clarified with specific examples. Grey areas are not so grey.

"The general considerations have not changed, namely, that endorsements must reflect the honest opinions, findings, beliefs, or experience of the endorser and that advertisers are subject to liability for misleading or unsubstantiated statements made through endorsements or for failing to disclose unexpected material connections between themselves and their endorsers."

Lexology link: 
 
Original link (took up too many lines of pink text, so please click on the text link).
 
Finally, for my third source, legal blogger Daniel Kaufman of Baker Hostetler LLP and the AD-ttorneys
Law Blog writes a fast-paced summary of the steps that the FTC is taking to regulate online review practices.
 
 
He also mentions last year's Roomster case, and the sting involving an offer of a cat-friendly room in a three bedroom, downtown home.... in a US Postal Service address!

Daniel Kaufman offers particularly helpful explanations of the seven pitfalls, namely creating or buyign fake testimonials; repurposing reviews; giving conditioned incentives for persons to write good reviews; using insider-generated reviews; controlling a site for reviews of ones own product or service; suppressing negative reviews; and fake social media indicatiors. 
 
All the best,
 
Rowena Cherry
SPACE SNARK™
 
 
 
 
 

No comments:

Post a Comment