The FTC rule on fake reviews (2024)
In August 2024 the US Federal Trade Commission finalised a rule on consumer reviews, published at 16 CFR Part 465, which took effect in October 2024. It allows the FTC to seek civil penalties from businesses that knowingly break it. In summary, it prohibits:
- Fake reviews: writing, buying or selling reviews that misrepresent who wrote them or that the reviewer had a real experience with the business. This includes AI-generated fake reviews.
- Buying reviews conditioned on sentiment: offering money, discounts or gifts in exchange for reviews that are positive (or negative about a competitor).
- Undisclosed insider reviews: reviews by owners, managers or employees, or certain reviews solicited from their relatives, without clear disclosure of the connection.
- Fake "independent" review sites run by the business to review its own products.
- Review suppression: using unjustified legal threats, intimidation or false accusations to get negative reviews removed or stop them being written, or misrepresenting that the reviews you show are all or most of the reviews when negative ones are being held back.
- Fake social media indicators, such as bought followers or views, used to misrepresent influence.
This is a summary. Read the rule text and the FTC's business guidance at ftc.gov for the details and exceptions, and check for updates.
Review gating
Review gating means asking customers how they feel first and then sending only the satisfied ones to a public review site, while routing unhappy ones to a private form. Google's policy for reviews prohibits selectively soliciting positive reviews. The FTC's updated guidance on endorsements, revised in 2023, also warns that procuring reviews in a way that filters out negative ones can be deceptive.
A private feedback form is fine on its own. What breaks the rules is withholding the public review option from people based on what they're likely to say. Give everyone the same request and the same link.
Incentives
Google's policy prohibits offering or accepting money, products or services in exchange for reviews, including discounts and prize draws, whatever the review says. Other platforms have their own rules, and some differ. Under the FTC rule the line is incentives conditioned on the review being positive or negative, but most review platforms are stricter than that, so the simplest safe practice is no rewards for reviews at all.
Yelp is different
Yelp's guidance for business owners discourages asking customers for reviews at all, and its recommendation software may filter reviews that appear to be solicited. Yelp also posts consumer alerts on pages where it detects attempts to manipulate reviews. If Yelp matters in your industry, let customers know you're on Yelp, for example with a sign or a link on your website, but don't send direct review requests for it. Check Yelp's current business guidelines before you decide.
Do and don't
Do
- Ask every customer after a completed sale or visit
- Send one neutral request with a direct link
- Let people review wherever they choose
- Get consent before sending texts, and honour opt-outs
- Disclose any connection if staff or family review you
Don't
- Write reviews for your own business or ask staff to
- Pay, discount or enter people into draws for reviews
- Show the review link only to happy customers
- Threaten legal action over honest negative reviews
- Set up review stations so staff can post on customers' behalf
A request routine that stays inside the rules
- Pick the moment. Shortly after the job is finished or the order arrives, while the experience is fresh.
- Use one short message. For example: "Thanks for choosing us. If you have a minute, we'd appreciate an honest review. It helps other customers and helps us improve." Add the link.
- Send it to everyone. Same message, same link, regardless of how the visit went.
- Remind once at most. One follow-up is reasonable; repeated nagging annoys people and can trigger spam complaints.
- Keep a record. Note when and how requests went out, in case you ever need to show your process was fair.
Email, text and in person
Emails should identify your business clearly and, as good practice, include a way to stop further messages. Text requests in the US need prior consent under the Telephone Consumer Protection Act, and business texting through carriers usually requires registration of your messaging campaign. A review-request tool should handle consent records and STOP replies, but you remain responsible. In-person requests and printed cards with a QR code are simple and avoid most of these issues.
Ready to handle what comes back? Read replying to negative reviews.
