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Author: Adrienne Hersh, JD, ICS Legal Counsel

Can I Pay for Positive Online Reviews?

Online reviews are treated as promotional material and are covered by federal and state laws and regulations prohibiting deceptive advertising. Federal Trade Commission Endorsement Guidelines state that it is a deceptive practice to provide an endorsement for a product or service that fails to disclose material connections between the endorser and the sponsoring advertiser. Health care providers must be especially careful, because advertising violations also may subject their licenses to discipline under the state Medical Practice Act and other consumer fraud laws.

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Consolidation of Agencies

On July 1, 2004, Governor Rod Blagojevich issued Executive Order 2004-6, which consolidated the Department of Professional Regulation, the Department of Insurance, the Department of Financial Institutions and the Office of Banks and Real Estate into the newly created Department of Financial and Professional Regulation (DFPR). Fernando Grillo, Director of the former Department of Professional Regulation, has been appointed to serve as the Secretary of the new “super-agency.” Some of you may recall that Col. Mills and I met with then-Director Grillo last year to discuss issues of mutual interest, and we have continued to maintain open and constructive communication with the Department.

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