Paying for video testimonials on Fiverr - How do I make it legal/legit?

Paper_Chase

Paper_Chase

brb gym
Apr 23, 2009
1,499
21
0
Vancouver, Canada
I'm working on a few physical products right now. It would be nice to have some video testimonials on the sales page. I wouldn't mind paying for some on Fiverr since you can get a broad range of people giving testimonials.

-How do I protect myself from the FTC throwing me in the pen?
-Do I have to get the Fiverr provider to sign a legal document?
-What disclosures/disclaimers do I have to show on the website? Where do they have to be located?

Any advice is appreciated. Thanks!
 


Good questions, if anyone has any experience i would like to know these answers as well!
 
Wow, excellent idea but also excellent planning ahead. I would think having "paid testimonial" in the YouTube video description and on your site would be needed in this case. However, I'd also suggest trying to find some people who might be willing to send you a free video testimonial in exchange for something so that it isn't paid? It's still sketchy but less likely to get you thrown to the wolves.

If this is a high dollar site, I'd recommend asking a lawyer. :)
 
You gotta talk to a lawyer mang. Do you want to be royally fucked if shit hits the fan because you followed some half baked advice from this forum?
 
If you're making enough to be concerned by the FTC then you probably shouldn't be doing paid testimonials -you can "afford" to get some legit ones instead. I got a few for an ecommerce site I'm running by giving away product to a few people on my list in exchange for a review of my site -not the product.
 
Talk to a lawyer that specializes in internet law and is familiar with how (and why) the FTC operates. Lawyers get a bad name but they are essential and as long as you work with one that isn't a complete retard they are worth their weight in gold.

Aaron Kelly is my go to USA/internet lawyer - Internet Lawyer, Internet Attorney, Internet Law, Defamation, Mobile

Disclaimer: This testimonial has been paid for by the Aaron Kelly Law firm and is sanctioned under article 723.AC} of 'Testimonials and Advertoials' Published by the FTC.
 
Giving them the product for a free trial before, and their testimonial after is some times I believe what T.V commercials do.

Using this method, technically you are paying them for their time, not what they say.

Im not sure tho, if this is high dollar site, do some research.
 
Leave testimonials out of the equation until you have enough happy customers using your products that you can get real testimonials.

Or

Make paid testimonials to launch, but once you have enough people out there happily using your products replace the fake testimonials with real ones.
 
Have done this in the past multiple times. We place a disclaimer at the bottom that says these people were part of a small trial group that were paid and given free product to review and provide their opinion.

Two things you need to remember. First, if the federal govt is going to hammer you, they are going to hammer you whether you are right or wrong. They don't waste time and money on cases. Second, this is false advertising and misleading. They were not customers, they were paid product users. If you state they were paid to use the product and to give their opinion in a trial or case study - then you are less shady then claiming they are customer testimonials. Still misleading, but should only get you a C&A if they dont like what you are doing.
 
BilltheButcher said:
Have done this in the past multiple times. We place a disclaimer at the bottom that says these people were part of a small trial group that were paid and given free product to review and provide their opinion.

Two things you need to remember. First, if the federal govt is going to hammer you, they are going to hammer you whether you are right or wrong. They don't waste time and money on cases. Second, this is false advertising and misleading. They were not customers, they were paid product users. If you state they were paid to use the product and to give their opinion in a trial or case study - then you are less shady then claiming they are customer testimonials. Still misleading, but should only get you a C&A if they dont like what you are doing.
Click to expand...

what's a C&A?
 
tencentpiece said:
Talk to a lawyer that specializes in internet law and is familiar with how (and why) the FTC operates. Lawyers get a bad name but they are essential and as long as you work with one that isn't a complete retard they are worth their weight in gold.

Aaron Kelly is my go to USA/internet lawyer - Internet Lawyer, Internet Attorney, Internet Law, Defamation, Mobile

Disclaimer: This testimonial has been paid for by the Aaron Kelly Law firm and is sanctioned under article 723.AC} of 'Testimonials and Advertoials' Published by the FTC.
Click to expand...

Yep, pay for a consult with Aaron, his rates are good. A small price to pay to not get butt fucked by the FTC.
 
You guys act like the FTC's got time to waste on an eCommerce making less than $1 million. As long as you don't have huge consumer complaints, that warrant them taking time out of their golf plans, you're good. FTC is going after Google, Microsoft, ATT, big ass companies that can pay big ass fines. No one is going to blink an eye for 5 video testimonials from Fiverr... seriously, unless, you really hit the big times, and are just ripping consumers off. My suggestion is always refund everyone that ask, not worth the headache of having any negative problems.

Fucking FTC??? lol, maybe local or state government, but FTC? seriously?
 
Give them the product, then pay them for a testimonial.

Paying for testimonials is not illegal. You are paying them for a "testimonial" not specifically for a "positive testimonial", even though they will give you a positive one.
 
Brandon said:
Give them the product, then pay them for a testimonial.

Paying for testimonials is not illegal. You are paying them for a "testimonial" not specifically for a "positive testimonial", even though they will give you a positive one.
Click to expand...

That is correct, but they also cant say they lost 10lbs in one week using your magic berriez.
 
I am willing to try out your products and tell you what I think. I currently am actively testing:
- RealDolls
- Dildos
- Anal beads
- Butt plugs
- Prostate stimulators
- Lubricants
- Anything related to penis enlargement
- Anything named "berry" and is related to weight loss
 
CCarter said:
You guys act like the FTC's got time to waste on an eCommerce making less than $1 million. As long as you don't have huge consumer complaints, that warrant them taking time out of their golf plans, you're good. FTC is going after Google, Microsoft, ATT, big ass companies that can pay big ass fines. No one is going to blink an eye for 5 video testimonials from Fiverr... seriously, unless, you really hit the big times, and are just ripping consumers off. My suggestion is always refund everyone that ask, not worth the headache of having any negative problems.

Fucking FTC??? lol, maybe local or state government, but FTC? seriously?
Click to expand...

Id recommend not taking this advice.
 
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