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Do You Know the Laws About Using Testimonials?
In the Internet marketing industry we use testimonials a lot. Probably more than any other industry, simply because, distrust and skepticism is so high on the Internet. The other day I was reading the Consumer Reports magazine and ran across a article that I think you'll find very interesting. A download link for this article is found at the end of this article. Rules About Using Testimonials As a general rule, testimonials are largely self regulated. However, if the government can prove that through fraud the product has harmed the health or picked the pockets of a lot of consumers, they will become involved. Thus, they require that experts have credentials and expertise in the area that their endorsement implies. As a rule, testimonials must NOT: 1. Make wild claims without proof: When an ad makes a claim about a product, it must be based on facts and evidence. 2. Footnoting or hiding "Results Not Typical" Advertiser can put atypical users in their ad as long as they disclose that their "amazing" results were unusual. "Results vary" is not enough. 3. Using ads as news Celebrities who are paid to promote products are free to praise them on news programs as long as their role as a spokesperson is disclosed. 4. Use people who change their minds Endorsers must have used the product when they endorsed it and if the ad continues, the endorser must continue to use the product or their endorsement can no longer be used. 5. Hide the fact that they are getting paid When a person giving their testimonial is paid for their endorsement, then the testimonial must state that they are a paid endorser. What Does this All This Mean for You? When you use a testimonial, you need to be careful about a few things. 1. Always keep the source document where the testimonial came from (email, letter, fax etc.). 2. Never use wild claims unless they are 100% true. 3. When you do use wild claims, make sure you place a "Results Not Typical" disclaimer right next to the testimonial (not at the bottom of the page.) 4. It goes without saying that you should never fabricate a testimonial...ever! If you'd like to read the article straight from Consumer Reports, here is the download link. Download Link for Consumer Reports Article Here is the download link for this article. It has some interesting case studies. http://www.davidfrey.us/recommends/testimonials David |
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