---
title: "Screen a consumer review for a material misrepresentation of experience"
url: "https://ailawframework.com/practice/competition-and-consumer-law/screen-online-reviews-for-a-fake-undisclosed-or-incentivised-review/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A29-CO20261022-12-US"
practice_area: "Competition & Consumer Law (ACCC / ACL)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Screen a consumer review for a material misrepresentation of experience

> 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…

Canonical page: https://ailawframework.com/practice/competition-and-consumer-law/screen-online-reviews-for-a-fake-undisclosed-or-incentivised-review/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Competition & Consumer Law (ACCC / ACL)](https://ailawframework.com/practice/competition-and-consumer-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Screen online reviews for a fake, undisclosed or incentivised review](https://ailawframework.com/practice/competition-and-consumer-law/screen-online-reviews-for-a-fake-undisclosed-or-incentivised-review.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The opened section is the fake or false review rule. Rules in the rest of Part 465, including any rule on incentives, were not opened.
- Paragraphs (b) and (c) use a knew-or-should-have-known standard, and they do not apply to a generalized solicitation to purchasers.

## Sources

- [16 CFR 465.2, fake or false consumer reviews and testimonials](https://www.law.cornell.edu/cfr/text/16/465.2) (checked 2026-10-22)
- [15 USC 45, Federal Trade Commission Act section 5](https://www.law.cornell.edu/uscode/text/15/45) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*