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by jmilloy 4 hours ago
In the US, the FTC is very clear that faking or purchasing testimonials is illegal. Fabricating, purchasing, or misrepresenting customer experience is deceptive advertising and is a form of fraud. On the other hand, selecting and advertising specific real testimonials is fine. A customer described their actual experience that way, and presumably the consumers understand that advertisers will select especially positive individual testimonials for their advertisements. I can't believe I'm actually trying to explain this, but fake testimonials are illegal because the consumer has no way to know that they are made up. Real testimonials are not "lying with statistics", they're not statistics at all, and are legal because consumers can understand that it's not the median customer experience.

If picking real winners and real winnings to feature in the ad was just as good, they could do that. If not, then yes, it makes an impact on the world to mislead people with that marketing.

Somehow there's a difference between things that happened and didn't happen, and that's a good place to draw a line in the sand of what you're allowed to advertise and not.

1 comments

> Fabricating, purchasing, or misrepresenting customer experience is deceptive advertising and is a form of fraud.

Doesn’t this make every ad fraud? It’s an actor pretending to enjoy drinking Coca Cola, every ad is the same.

How do you know the actor is merely pretending ? Maybe they actually it?
The actual verbiage is narrower.

First result with a summary of 16 CFR Part 465: Trade Regulation Rule on the Use of Consumer Reviews and Testimonials: https://www.goodwinlaw.com/en/insights/publications/2024/09/...