Word of mouth marketing is still one of the most common and consistent forms of marketing for businesses. Where do you find a good stylist? Who can recommend a good Italian restaurant? Who is the best business attorney in town? Sometimes these answers are found by asking family, friends, and neighbors, but many people find answers to these questions on social media and review sites such as Google, Yelp, Amazon, Facebook, and TripAdvisor. Customer reviews and testimonials are excellent marketing tools for a business because they build trust and goodwill, and showcase your brand’s history. They are the intersection between word of mouth marketing and social media marketing. However, before you use them to promote your business, you need to be aware of what you can and cannot do.

The Federal Trade Commission (FTC) is the US government agency charged with protecting consumers. The FTC has a duty to investigate and prevent unfair methods of competition as well as unfair or deceptive actions that affect trade or commerce. Accordingly, the FTC has the authority to regulate how businesses implement tools such as client testimonials. If a company or individual wants to advertise using endorsements or testimonials, they must understand and comply with FTC rules and regulations, as well as those from their own state, local, and industry-specific regulating bodies. 

First, the FTC defines endorsement as a message from a third party “that consumers are likely to believe that reflects the opinions, beliefs, findings or experiences of a party other than the sponsoring advertiser.” A testimonial is a recitation of a personal experience from a customer about the use of the company’s product or services. The FTC treats endorsements and testimonials the same even though they differ in definition.  

 The FTC Act aims to prevent consumers from being deceived as a result of the use of the following types of testimonials and endorsements:

  1. Those that reflect unique, extraordinary, or uncommon results
  2. Those made without actual knowledge of the goods or services promoted
  3. Those made by a person or entity sponsored by the business, rather than an independent, objective, unbiased consumer, and the sponsorship is not disclosed to the reader by the business

Given these regulations, how can a business owner use testimonials and endorsements without running into trouble with the FTC? The following is a list that can be used as a reference when promoting your business:

While it may seem like there are a lot of rules to follow, the regulations applicable to the use of testimonials and endorsements largely reflect common practices and just good business sense. As a business owner, your job is to make sure the testimonial is honest and provides an accurate representation of your product. Keep in mind that many industries also have specific rules and guidelines that they must follow. We strongly advise you to consult an attorney to ensure that your business is in compliance with the FTC and any state, local, and industry-specific rules. Call us at (402) 934-9499 or click here to schedule a consultation with our Business and Employment Attorney Angela Schmit.