Scope: United States consumer reviews; other markets require separate checks
An agency offers a simple growth plan: give customers a discount after they post a five-star review. The proposal sounds like routine promotion. It raises a specific compliance problem before the first message is sent.
FTC review rule compliance should be part of campaign design. Outsourcing the campaign does not make its methods irrelevant to your business.
Distinguish honest feedback from required sentiment
The FTC’s Consumer Reviews and Testimonials Rule prohibits specified practices, including buying reviews conditioned on positive or negative sentiment. Its guidance also addresses fake reviews and other prohibited conduct. FTC rule questions and answers.
Do not assume that adding “incentivized” makes a sentiment-conditioned offer acceptable. The structure of the incentive matters, alongside disclosure and the overall impression on consumers.
Review the whole campaign
Examine agency instructions, customer messages, employee involvement and the way reviews are displayed. Confirm that quoted experiences are real and accurately represented. A testimonial copied into an advertisement may raise questions beyond the original review page.
For influencers and endorsements, assess material connections and disclosure requirements under the applicable guidance. Keep evidence of instructions and monitoring rather than relying on a contract that simply says “comply with all laws.”
Preserve legitimate customer feedback
Do not respond to negative reviews with baseless legal threats or a policy that misrepresents the feedback shown. Create a process for genuine complaints, documented abuse and platform reporting. Distinguish an unfavorable customer opinion from a false factual allegation before choosing a response.
Make growth experiments reviewable
Require marketing proposals to state who participates, what benefit is offered, what customers are asked to say and where the result appears. Review samples before launch and keep an approval record. Check platform rules as an additional requirement; they may be stricter than the legal baseline.
Planning a review or influencer campaign? Consult Jinyuan Law Firm with the proposed messages, incentives and target markets. Request a risk review and identify any US-qualified advice needed for the campaign’s legal requirements.
General information only. Advice depends on the facts and applicable jurisdiction. Contact does not by itself create a lawyer-client relationship. Local-law advice may be needed outside mainland China.
