A federal rule banning fake online reviews is now in effect.
The Federal Trade Commission issued the rulein August banning the sale or purchase of online reviews. The rule, which went into effect Monday, allows the agency to seek civil penalties against those who knowingly violate it.
“Fake reviews not only waste people’s time and money, but also pollute the marketplace and divert business away from honest competitors,” FTC Chair Lina Khan said about the rule in August. She added that the rule will “protect Americans from getting cheated, put businesses that unlawfully game the system on notice, and promote markets that are fair, honest, and competitive.”
I’ve said it once and I’ll say it again. I love the work Lina Khan is doing. Its going to be so sad when Kamala gives her the boot :(
Why would Harris give her the boot? Khan was placed in position by Biden.
Its up for debate if she will, but a lot of big ticket donors are
bribing herrequesting it as a favor for donating to her campaign.
Awesome, now make them criminally liable.
Corporations are people, no? Throw them in prison.
IMO, corporate punishments should work like that: steal a little from someone? Lose 90 days of profit. Steal a lot? Lose a couple years of profits. Kill someone? Lose 20 years of profits
Jailing CEOs works better only because money is easy to manipulate. Loosing 20 years of profit just means bankruptcy. Make a new name new company buys all assets of bankrupt at fault company and nothing but the name changes. I’m with the idea that if companies have personhood than the person in charge is responsible for harm that personhood does.
I just got a can of diet Coke in exchange for a 5-star review of a local eatery. I legit like the eatery, but would not have left a review without the bribe.
Is that a legit review or a fake one?
They can do it for reviews, why not news?
The constitution is pretty clear about the power of government to regulate commerce, and is also pretty clear that the government can’t regulate most speech.
Are fake review not speech?
The “everything is speech” argument has been hashed out for centuries, and is a variation of reducto ad absurdum. It’s the same bullshit argument that has allowed unlimited bribery in politics because money is speech.
In this case, reviews are a form of marketing in aid of a sale, which is commerce. In that sector, there is no “free speech” because the constitution allows regulating most commerce. It’s the same as how you can’t sell a sugar pill that claims to enlarge your genitalia and clean your bedroom.
Not the same agency.
Does TV make money?
What is going to happen? Will the FTC police gonna come and cart them away? No, it will continue and nothing will happen. FTC enforcement is just a few law suits away from being just like the SEC’s enforcement. The SEC can’t enforce anything these days without a long drawn out court battle.
allows the agency to seek civil penalties against those who knowingly violate it.
I hate that wording. Ignorance of the law isn’t a defense, unless you’re a corporation, apparently.
It also looks like this doesn’t address the practice of offering incentive for actual purchasers to leave positive reviews.
It’s also pretty much impossible to prove, which of course is the point. The government exists to protect corporations
Anyways my brother works for the FTC. With the current funding, they take thousands of complaints before they even look into something. It’s effectively useless as only the most publicised cases get any enforcement and the fines are tiny. And he says it was twice as bad before Biden.
That’s not what knowingly means in this context. Knowingly refers to the level of intent required to pursue charges, not whether they knew there was a law against it.
In this case it requires the government to show that the person intended to leave a review and/or testimonials that misrepresent that they are by someone who does not exist.
That’s not true, ignorance of the law is also a valid defense for police officers violating people’s rights 🙄
It’s more than a defense, it’s actually a benefit for police. Attempting to enforce rules that don’t exist still count as valid pretext if they find evidence of actual crimes.
The wording is a bit ambiguous but I’d read that as “intentionally” rather than “with knowledge they’re violating the law”… it definitely could have used a good copy editor though.
Common Lina Khan W
Give me 10 Lina Khans and I’ll give you the world.
I wish she was the one running for president. Maybe in eight years if we’re lucky and have Harris. And/or legal elections in four.
The Federal Trade Commission today announced a final rule that will combat fake reviews and testimonials by prohibiting their sale or purchase and allow the agency to seek civil penalties against knowing violators.
Oh good, glad they didn’t ban obvious joke ones people post for free, like the top reviews for the 50 gallon barrel of lube.
Better than nothing but it also seems like it might be kind of difficult to prove the company allowed it knowingly.
It prevented reviews and testimonials that misrepresent that they are by someone who does not exist. Fairly easy to prove. If they catch an individual posting a review while posing as anyone but themselves, It’s a done deal.
Well if you take a company like Amazon they know everything about you already, including if you actually purchased the item you are reviewing. And that should be a simple first “hurdle” for a reviewer to be legit. They already have a way of sorting them out and labeling them in place. So I would assume this means if you don’t have that label your review doesn’t go live. They can then add more qualifiers to prove they know the reviewers are real, since this seems to put the onus of proof on the company not that FTC.
Edit - some words
It is possible I bought the item at my local warmart though and then review it on amazon. I don’t know if anyone does that, but it is possible.
I find that Amazon allows me to do that for good reviews, but whenever I leave a bad review for something I bought somewhere else the review disappears.
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