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FTC Bans Fake Reviews in Sweeping New Rule

September 5, 2024 /
All industries  /   Ratings and Reviews 

Fake reviews have been a constant problem on Google, Amazon, Yelp, and other platforms where users leave feedback. It was always annoying for consumers to encounter such things, with bad actors consistently padding their numbers by reviewing themselves or offering incentives for others to leave them positive feedback, but these issues have only gotten worse in recent years. Rather than just spamming with inauthentic reviews from dishonest people, spammers have now flooded every single review site with hundreds of AI reviews. This issue has made many review networks unusable, and it has become such a significant problem that these fake reviews are now considered to infringe on consumer rights. Instead of dishonest reviews simply breaking the Terms of Service of whichever website they were hosted on, seeing only penalties levied by the domain itself, the Federal Trade Commission (FTC) has stepped in and turned these misleading practices into a full-blown legal issue.

On August 14, 2024, the FTC banned fake consumer reviews and testimonials, launching a significant new effort to address deceptive online marketing practices. This means that spammers are not just liable to face issues dealing with the review hosts themselves but also face genuine legal consequences for these practices. Spammers aren’t the only ones who need to watch themselves with this new FTC ruling, however, as any business that purchases these spammers’ services or even engages in smaller-scale deceptions themselves can also now be charged.

The FTC had previously discouraged such practices, but the new rule now strengthens FTC enforcement and prohibits businesses from:

  • Fake or False Consumer Reviews, Consumer Testimonials, and Celebrity Testimonials: Creating, buying, selling, disseminating, or encouraging fake reviews — including AI-generated reviews.
  • Insider Reviews and Consumer Testimonials: Not disclosing reviews by business insiders — such as employees, managers, or agents.
  • Company-Controlled Review Websites: Misrepresenting that a site it owns or controls offers independent reviews or opinions.
  • Review Suppression: Suppressing negative reviews or using threats or intimidation to remove such reviews.
    • What is interesting to note is that Review Suppression/Gating has been against Google’s Terms of Service and that of several other websites. This was not a universal rule, but with the FTC now enforcing it, it will become one.
  • Buying Positive or Negative Reviews: Offering incentives or payment for sentiment-specific reviews, such as positive reviews only.
  • Misuse of Fake Social Media Indicators: Selling or buying fake social media influence, such as bot-generated followers or views.

While the new FTC ruling was announced in mid-August, it becomes effective 60 days after being officially published. This means that in October, we will see just how seriously the FTC enforces these new laws and if there are any notable bad actors they intend to take down right out of the gate.