Testimonial Disclaimer
Definition
A legal statement clarifying that customer testimonials and reviews reflect individual experiences that may not be typical and don't guarantee similar results for other users. While primarily addressing consumer protection and false advertising concerns, testimonial disclaimers intersect with privacy when using customer identities, images, or information in marketing. Organizations using testimonials should: obtain explicit consent from customers before publishing their testimonials, provide clear disclosure about testimonial use in privacy policies, allow customers to request removal of their testimonials, implement procedures for verifying testimonial authenticity, and maintain records of consent. FTC guidelines require advertisers disclose material connections with endorsers (like payment or free products) and ensure testimonials aren't misleading. From a privacy perspective, publishing customer names, photos, or identifying information in testimonials constitutes processing requiring lawful basis and transparency. Organizations should: present testimonial consent clearly separated from service terms, allow granular control over testimonial use, and honor requests to remove testimonials as part of data subject rights.
Applicable Laws & Regulations
- 1FTC Act Section 5
- 2FTC Guides Concerning Endorsements and Testimonials
- 3GDPR Article 6