The Federal Trade Commission (FTC) and the Committees of Advertising Practice (CAP) in the United Kingdom are two agencies that regulate advertising. These agencies have set guidelines on how to get consent from customers for testimonials.
The FTC has a rule that requires advertisers to get consent from consumers before they can use their name or likeness in advertising. CAP, on the other hand, has a guideline which says that an individual’s consent is not needed if there is no mention of them as an identifiable person and no reference to their profession, trade or occupation.
We should note that CAP does not have any enforcement power over its guidance, but it does guide advertising practitioners in the UK.
There aren’t too many rules, but here are the main ones:
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Be clear about any relationship or agreement you have with the person who is endorsing you (e.g. if they are your employee, or you have paid them for a review)
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Ensure that all testimonials are candid, and reflect the true aspects of the product
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The CAP's Code states that consent must be obtained in writing and should not be assumed if it is not explicitly stated. Consent must also be refreshed periodically, for example if the customer changes their mind about being advertised or if the advert is changed significantly.
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The FTC's statement says that it is deceptive to use a celebrity endorsement without disclosing the fact that they have been paid or given free products in exchange for promoting them
Tips for getting consent to use Customer Testimonials
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The first thing to do is to make sure that you have the consent of the customer either through email or phone or electronically.
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If you are using a third party testimonial, make sure that they have consent from the customer.
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You should also provide the customer with your privacy policy and data protection statement.
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You can also ask for an email address or a phone number so that you can contact them for any updates on their testimonials.
How can SocialPrf help?
SocialPrf allows your to capture customer consent at the tie of testimonial collection. You can also capture users email and contact details for future reference. This then allows you to confidently use testimonials in your promotional activities.
User consent for testimonials