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Can I Pay for Positive Online Reviews?

By Adrienne Hersh, JD, ICS Legal Counsel · January 25, 20172 min read
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Can I Pay for Positive Online Reviews?
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No.  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.

Regulators would consider a compensated positive endorsement to be misleading unless it contained clear language stating that the endorser had been paid for the positive review.  In addition, it is deceptive to seek or post an endorsement from an individual who has not visited the health care provider and has no personal experience with the provider’s services. 

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About the Author

Adrienne serves as Illinois Chiropractic Society general counsel and provides legal advice and support on a wide range of legal issues affecting chiropractic physicians, including licensing and other health care regulations, scope of practice, insurance and reimbursement, business structuring, labor and employment, contracts, and litigation. Adrienne previously served for 8 years as general counsel to the Illinois Department of Professional Regulation (now the Division of Professional Regulation, Department of Financial and Professional Regulation), where she was chief legal counsel responsible for overseeing all legal issues and advising the 50+ licensing and disciplinary boards, including the Medical Disciplinary Board and the Medical Licensing Board. She is a member of the Illinois State Bar Association Health Care Section, the Illinois Association of Healthcare Attorneys, and the National Association of Chiropractic Attorneys.

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