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ARTICLE · 19 AUGUST 2024

FTC Finalizes Rule On ​"Fake Reviews"

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

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Yesterday, the Federal Trade Commission announced its final rule addressing consumer reviews and testimonials.

United StatesConsumer Protection
Donnelly L. McDowell
Donnelly L. McDowell
Gonzalo E. Mon
Gonzalo E. Mon
Ioana Gorecki
Ioana Gorecki
Caroline Schmitz
Caroline Schmitz

Yesterday, the Federal Trade Commission announced its final rule addressing consumer reviews and testimonials. With this rule, the Commission takes aim at "fake" reviews and testimonials by prohibiting their sale or purchase and allows the agency to seek civil penalties against "knowing" violators.

We wrote in depth about the Commission's notice of the proposed rulemaking last summer. The final rule largely follows the previously proposed language with one notable exception discussed below. Here's a summary of what the rule prohibits:

  • Business are prohibited from writing or selling consumer reviews or testimonials that are from someone who doesn't exist (such as reviews generated by AI), that are from someone who doesn't have actual experience with the business or its products, or that mispresent the person's experience. The rule also prohibits businesses from purchasing or disseminating those types reviews and from procuring those types reviews from

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