Screen a consumer review for a material misrepresentation of experience
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the review or testimonial, record who the file says wrote it, whether the file says that person exists, whether the file says that person used or had experience with the product, service, or business, and what the review says that experience was. Record whether the business is described as having written, bought, or procured the review, and whether the reviewer is described as an officer, manager, employee, agent, or immediate relative. Do not decide that the review violates the rule.
- What the lawyer must review
- The lawyer applies 16 CFR 465.2. It is an unfair or deceptive act or practice and a violation of that part for a business to write, create, or sell a consumer review, consumer testimonial, or celebrity testimonial that materially misrepresents, expressly or by implication, that the reviewer or testimonialist exists, that the person used or otherwise had experience with the product, service, or business, or the person's experience with it. It is also a violation to purchase a consumer review, or to disseminate or cause the dissemination of a consumer or celebrity testimonial, about the business or a product or service it sells, which the business knew or should have known materially misrepresented those same points. It is a violation to procure a consumer review from the business's officers, managers, employees, or agents, or any of their immediate relatives, for posting on a third-party platform or website, when the review is about the business or a product or service it sells, and the business knew or should have known of the same kind of material misrepresentation. Paragraphs (b) and (c) do not apply to reviews or testimonials that resulted from generalized solicitations to purchasers, or to reviews that appear because the business merely engages in consumer review hosting. Section 5(a)(1) of the Federal Trade Commission Act, 15 USC 45(a)(1), declares unfair or deceptive acts or practices in or affecting commerce unlawful. Other sections of Part 465 were not opened. The lawyer does not treat this section as a rule about incentives or about disclosing a material connection.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.