The ACCC has issued recently infringement notices in relation to three online testimonials alleged to have been created by removal company Citymove and posted on Google+ and YouTube using fabricated customer identities.
When the same testimonial appeared on different review websites under different customer identities it was a pretty good tip off for the ACCC. The regulator alleged that the customer identities had been fabricated.
It was not the first time Citymove has come under fire from the ACCC. In 2011 the regulator took action against the business and issued an infringement notice over reviews on the website www.movingreview.com.au. The first clue that these reviews were not genuinely independent should have come from the fact the website was developed and run by Citymove itself! The ACCC alleged that the purportedly independent reviews on this website were not posted by genuine consumers and were potentially misleading.
Testimonials can be very powerful marketing tools, and when publishing or soliciting reviews, businesses have to be careful to disclose any connection with the reviewer so that the reader is provided with context and can make their own decision about whether the review is genuinely independent. For example, if the testimonial was written by someone trialling a product for free or even a friend, those circumstances or relationships may need to be made clear so that the ordinary consumer can factor this into their decision. This conduct may seem a far cry from a business actually making up a person and writing the review themselves, but it helps to put yourself in the shoes of the online consumer making the decision based on the review.
The ACCC also warns against the omission or editing of genuine reviews. The better thing to do if your business receives a negative review is to show how responsive it is in resolving the customer's issue and hopefully generates a positive review about your business' customer service.
If you are unsure about your business' current online practices and whether they may be considered misleading and deceptive, it pays to seek advice, as the ACCC will be increasingly patrolling the online space for conduct potentially contravening the guidelines they have issued.
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