In the digital age, reviews and testimonials often shape consumer decisions. But what happens when those reviews are false, misleading, or manipulated? This month at A. Ferraris Law, we’re diving into fake reviews & online deception—exploring whether consumers or businesses can take legal action, and how they may proceed.
Why False Reviews Matter
- Fake reviews distort consumer trust.
- They unfairly advantage dishonest businesses and penalize honest ones.
- They may mislead people into buying inferior or unsafe products or services.
In response to widespread misuse, regulators have stepped up enforcement and clarity in the law.
Federal Law: The New FTC Rule on Reviews & Testimonials
On August 14, 2024, the Federal Trade Commission (FTC) announced a final rule that bans fake or false consumer reviews and testimonials.
- The rule went into effect on October 21, 2024.
- It prohibits businesses from writing, purchasing, or disseminating reviews or testimonials that materially misrepresent the reviewer’s identity or experience.
- Knowing violations may incur civil penalties.
State Law: Arizona’s Consumer Fraud Act & False Advertising
Alongside the federal protections, Arizona law offers additional recourse:
- Arizona Consumer Fraud Act (A.R.S. § 44-1521 et seq.) prohibits deceptive or unfair practices in advertising or selling goods and services.
Under Arizona’s law, a plaintiff must prove:
- The defendant used deception, false representation, or concealed a material fact in advertising or sale.
- A private claim must typically be filed within one year after discovery of the deception.
These ACFA can provide consumers and businesses a legal foundation to object to deceptive marketing practices.
How a Consumer (or Business) May Proceed: Key Steps
If you believe you’ve been harmed by fake reviews or deceptive ads, here’s a strategic approach:
| Step | What to Do | Why It Helps |
| 1. Document the evidence | Screenshot the review(s), note dates, reviewer name (if available), links, and context. | Strong documentation supports any legal claim. |
| 2. Report to regulators | File complaints with the FTC (via reportfraud.ftc.gov) and the Arizona Attorney General’s Office (Consumer Complaints). | Regulators may investigate and enforce their rules. |
| 3. Consult a consumer protection attorney | A lawyer can guide whether your case fits under the FTC rule, Arizona law, or both, and file or negotiate on your behalf. | Legal counsel helps you navigate complex procedures and maximize your chances. See consumeradvocates.org |
What You May Do Under the Law
- You may be able to sue a business for misrepresentation if fake reviews misled you and caused harm
- You may seek remedies like restitution, injunctive relief (to stop the practice), or civil penalties
- Arizona law offers a complementary path to hold local businesses accountable for deceptive advertising.
Best Practices for Businesses: Preventing Fake Review Liability
If you run a business or advise one, here are best practices to avoid violating these laws:
- Don’t buy or solicit fake reviews.
- If you ask for reviews, don’t require specific wording (positive sentiment).
- Clearly disclose any relationship with reviewers (e.g. “influencer,” “employee”).
- Monitor third-party marketers or agencies to ensure they comply.
- Respond to negative reviews ethically rather than suppressing or intimidating critics.
Conclusion
Fake reviews and deceptive advertising erode consumer trust and harm the integrity of marketplaces.
At A. Ferraris Law, we specialize in consumer protection and deceptive-marketing cases. Let us help you understand your rights, please reach out to us if you have questions.
The information provided does not, and is not intended to, constitute legal advice; instead, all information is for general informational purposes only. This information may not constitute the most up-to-date information. Links provided are only for the convenience of the reader, A. Ferraris Law, PLLC and its members do not endorse the contents of the third-party references.
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