Customer Testimonials -- Legal Considerations

Goals

Provide 6-8 tips, cautions, and/or legal regulations regarding the use and solicitation of customer testimonials for finance or credit card advertisements.

Early Findings

Legal Regulations for Customer Testimonials

  • For accurate and completely reliable information regarding questions about legality in any market, it is always recommended that a person or organization consult a licensed attorney.
  • Falsified testimonials can have criminal consequences, regardless of whether these are marketed towards individual consumers or businesses.
  • During the customer testimonial process, it is important to note that personal data, customer logos, and even the text of each testimonial may be protected by copyright law.
  • The customer-business relationship must be clearly stated in the advertisement.
  • Users must be actual users of the service/product, unless stated as paid actors, and claims cannot be manipulated, misleading, or deceptive.
  • The "results not typical" statement is often used to falsify service effects and claims that are exaggerated, and advertisements that do not include disclaimers such as these when providing misleading or exaggerated claims may be subject to criminal ramifications.
  • Compensated testimonials must be mentioned as such in the advertisement, as this can constitute some conflict of interest according to the Federal Trade Commission (FTC).
  • There are formal licensing processes for publishing customer testimonials that allow for some editing and testimonial removals in a legal manner.

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