Fake reviews are not just a bad shopping experience. The FTC's final rule, effective October 21, 2024, gives the agency stronger tools against specific deceptive review practices.
The FTC's final rule is already in effect
The FTC's Trade Regulation Rule on the Use of Consumer Reviews and Testimonials became effective on October 21, 2024. It prohibits a number of specified deceptive review and testimonial practices and allows the FTC to seek civil penalties against knowing violators.
The rule does not make every positive review suspect, and it does not prohibit consumers from honestly describing their experiences.
What the rule specifically targets
- Buying or selling fake reviews or testimonials.
- Buying reviews that express a particular positive or negative sentiment.
- Company-controlled review websites that falsely present themselves as independent.
- Certain undisclosed insider reviews.
- Certain review-suppression practices.
- Selling or purchasing fake indicators of social-media influence.
What about AI-generated reviews?
The rule does not simply say “AI-generated review = illegal”. The problem is whether the review is fake, fabricated, deceptive or otherwise within a prohibited category. A business using software to generate entirely invented consumer experiences can create obvious fake-review issues; the technology itself is not the legal test.
Review suppression is more nuanced than deleting one bad review
The rule addresses certain forms of review suppression that prevent negative reviews from appearing or distort the overall presentation of reviews. A platform may still have legitimate moderation rules, such as removing reviews that contain unlawful content or violate clearly stated policies.
The strongest complaint identifies the moderation or suppression practice and explains how it selectively distorted the review picture.
How to document suspected astroturfing
- Save the review URL and screenshot.
- Record the date and profile name.
- Note repeated wording, unusual posting patterns or disclosures.
- Save the business's request for reviews if relevant.
- Keep evidence of payments, incentives or relationships if available.
- Record a pattern rather than relying on one suspicious review.
How to report a problem
Consumers can report suspected deceptive review practices to the FTC through ReportFraud.ftc.gov. State consumer-protection agencies may also have authority under state law.
The FTC's rule is an enforcement tool. It does not automatically give an individual consumer a private federal cause of action for damages simply because a fake review existed.
What this means practically
- The FTC rule is effective as of October 21, 2024.
- Fake reviews and bought review sentiment are expressly targeted.
- AI is not itself the legal test; falsity and the prohibited conduct are.
- Selective review suppression can also create enforcement risk.
- Document patterns and relationships before making allegations.
Sources
- Federal Trade Commission — Final Rule Banning Fake Reviews and Testimonials, August 14, 2024: ftc.gov
- Federal Register — Trade Regulation Rule on the Use of Consumer Reviews and Testimonials, 89 FR 68034: govinfo.gov
Related Kibbo Tools
- Fake Sale Checker — check for the same manipulation patterns fake reviews often accompany.
- Marketplace Complaint Generator — turn documented review manipulation into a structured report to the platform.