Reputation management is one of the few marketing areas with actual law attached to it, and most small businesses are operating on advice that predates the law. Since October 2024 several common review tactics carry federal civil penalties in the United States. This article covers what you may do to generate reviews, what you may not, and what your realistic options are when a review is genuinely false.
What the FTC rule prohibits, specifically
The FTC’s Rule on the Use of Consumer Reviews and Testimonials, 16 CFR Part 465, took effect on 21 October 2024. Knowing violations expose a business to civil penalties, and the FTC’s inflation-adjusted maximum rose to $53,088 per violation from 17 January 2025. The prohibited categories are worth reading as a list, because several of them are practices that were once routine advice.
| Category | What it covers |
|---|---|
| Fake reviews and testimonials | Creating, buying, selling, or disseminating reviews from people with no genuine experience, or misrepresenting the experience they had. |
| Sentiment-based incentives | Paying for or incentivising reviews conditioned on expressing a particular sentiment, positive about you or negative about a competitor. |
| Undisclosed insider reviews | Reviews by officers, employees, or their solicited family members without disclosing the connection. |
| Company-controlled review sites | Presenting a review site you control as independent when it covers your own products or services. |
| Review suppression | Using groundless legal threats, intimidation, or false accusations to remove reviews, or presenting a filtered review section as if it were complete. |
| Fake social media indicators | Buying or selling bot followers, views, or hijacked-account engagement for commercial advertising purposes. |
Source: FTC final rule on consumer reviews and testimonials; summary of 16 CFR Part 465, Alston & Bird.
Note the suppression provision in particular. Sending a lawyer’s letter over an unfavourable but honest review is not merely bad practice now, it is potentially the violation. So is displaying only your four and five star reviews on a page implying it shows all of them.
Google’s policies are stricter than many owners assume
Independently of federal law, Google’s Business Profile prohibited and restricted content policy bans fake engagement, impersonation, and rating manipulation, which expressly includes incentivised reviews and reviews from people with a conflict of interest such as current or former employment or a contractual relationship. Google’s position is that merchants may encourage genuine reviews but may not offer incentives, including payment, discounts, or free goods and services. A prize draw for reviewers is an incentive.
When a review is false: what actually works
Flagging is the first step and it is worth doing, but calibrate your expectations: reviews are removed for policy violation, not for being unfair or inaccurate, and a negative but honest account of a real experience violates nothing. Where Google finds no violation on initial review, a single appeal is available and that is the end of the internal process.
For genuinely defamatory content the route is Google’s legal removal process rather than the policy queue. Google does not adjudicate whether a statement is defamatory, so in practice these requests succeed when accompanied by a court order, and are commonly declined without one. That is a legal project with legal costs, and it should be weighed against the alternative, which is usually cheaper and more effective: bury the single bad review under a flow of recent genuine ones and a good public reply.
Generating reviews legally
- Ask every customer, not only the ones you expect to be happy. Selective solicitation is what turns into a rating manipulation problem.
- Ask at the moment of delivered value, not at invoicing. A post-purchase email sequence handles the timing automatically.
- Make it one tap. Link directly to the review form, not to your profile.
- Never condition anything on the content or star rating. No discount, no draw, no free item, in any form.
- Reply to everything within a set window, and reply to the negative ones as if writing to the next twenty readers rather than the complainant.
Key takeaways
- The FTC rule effective 21 October 2024 prohibits fake reviews, sentiment-based incentives, undisclosed insider reviews, controlled review sites, review suppression, and fake social indicators, with penalties up to $53,088 per violation in 2025.
- Threatening a reviewer over an honest negative review may itself be the violation, under the suppression provision.
- Google separately bans incentivised reviews and reviews from anyone with a conflict of interest, including current and former employees.
- Flagging removes policy violations, not unfairness. One appeal is available and that is the end of the internal process.
- Defamation removal goes through Google’s legal route and in practice needs a court order, so weigh the cost against simply out-publishing the review.
- Ask every customer, at delivery, with a one-tap link, and never condition anything on what they write.
Related reading
Sources
- Federal Trade Commission Announces Final Rule Banning Fake Reviews and Testimonials, Federal Trade Commission (2024)
- FTC Publishes Inflation-Adjusted Civil Penalty Amounts for 2025, Federal Trade Commission (2025)
- Prohibited and restricted content, Google Business Profile Help
- Overview of legal content removals at Google, Google Legal Help
- Local Consumer Review Survey 2025, BrightLocal (2025)
- Digital Brand
- Reputation

Written by
Mara Whitfield
Brand Strategy Lead
Mara Whitfield leads brand strategy at ThisCom, helping small and medium businesses build distinctive brands and consistent digital presences that earn trust and stand out.
All articles by Mara Whitfield →


