Home Technology FTC Proposal Seeks to Penalize Influencers for Publishing Deceptive Reviews

FTC Proposal Seeks to Penalize Influencers for Publishing Deceptive Reviews

Do you rely on the internet for recommendations on dentists, restaurants, or even cars? It’s not surprising, given the skepticism prevalent nowadays. However, it’s important to note that not all influencers and social media reviewers are honest. In fact, some of them are paid to promote certain products and disparage the competition.

The Federal Trade Commission (FTC), the U.S. agency responsible for regulating such matters, has proposed a set of rules and fines that aim to combat unfair or deceptive acts related to consumer reviews and testimonials. If these rules are passed, individuals posting fake reviews could be fined up to $50,120 each time a consumer views their fraudulent review.

The FTC estimates that 4% of reviews are fake.

Fake reviews are those that pretend to be independent of the companies selling the products, with the intention of persuading consumers to make a purchase. However, these reviews are often posted by the companies themselves or their affiliates. Such deceptive advertising is subject to fines.

The FTC emphasizes that deceptive endorsements and reviews harm consumers by misleading them during their decision-making process and also harm honest competitors who follow the rules. Although the FTC estimates that 4% of reviews are fake, a third-party firm called Fakespot found higher numbers for Walmart.com (37.6%) and Amazon.com (27.6%).

Samuel Levine, Director of the FTC’s Bureau of Consumer Protection, stated, “Our proposed rule on fake reviews shows that we’re using all available means to combat deceptive advertising in the digital age. The rule would impose civil penalties on violators and help create a fair playing field for honest companies.”

The proposed rule changes include:

  • Selling or obtaining fake consumer reviews and testimonials.
  • Review hijacking, which involves repurposing legitimate reviews or ratings.
  • Buying positive or negative reviews.
  • Undisclosed insider reviews – no more “it’s great!” from chief marketing officers.
  • Company-controlled review websites.
  • Illegal review suppression – threatening reviewers or hiding negative experiences.
  • Selling fake social media indicators – likes, stars, follower counts, etc.

Yelp is a well-known platform that relies on crowd-sourced reviews. The FTC supports Yelp’s efforts to penalize businesses and individuals involved in deceptive review practices. According to Yelp, 83% of consumers trust online reviews about local businesses, and 71% would avoid a company that paid for fake reviews. Yelp uses software to detect fake reviews and has labeled 19% of reviews as “not recommended.”

The FTC acknowledges the limitations of policing every social media platform.

Yelp reports the existence of groups on certain social media platforms that facilitate the buying, selling, or exchange of fake reviews. Google also supports the FTC’s proposed rules because businesses often have strong incentives to purchase positive reviews. In 2021, Google removed over 95 million out of 1 billion reviews from Google Maps for policy violations.
The FTC recognizes that it cannot patrol every social media site to uncover individuals’ infractions. Instead, the agency primarily targets advertisers and their agencies. However, the FTC does state that “action against an individual endorser might be appropriate in certain circumstances – for example, if the endorser hasn’t made required disclosures despite warnings.”

So, the next time you rely on a five-star review on social media to order a burger from an unknown establishment, it might be wise to keep some Imodium on hand.

 

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