legal, advertisingI plan to find an actor to make a video ads for my tutoring service. Is it legal to ask him/her to act like my student to promote my service? I am in California, USA.
For example, how about having him say “Marco is a good tutor. I learned a lot from him. He is very professional and helps me improve my grade.”. Since he is an actor, and not my student, would it be legal for him to say that. Also would it be legal if I use the video to promote my service?
It’s in a gray area if wikipedia is anything to go by, so walk that line with a lawyer – or better, get an actual client testimonial.
(Emphasis mine.)
Legality
The FTC (Federal Trade Commission) in fact found that in US businesses an alarming number of testimonials were in fact fictitious and misleading that in Dec of 2009 they introduced a new set of rules governing testimonials.[9] In essence it is now illegal to use testimonials that “…mislead consumers and affect consumers’ behavior or decisions about the product or service.” However, despite new regulations, online consumers often view testimonials with a high degree of skepticism. Companies from the private sector have begun to offer testimonial verification services to help consumers verify the authenticity of displayed testimonials.
The second page adds:
False advertising, in the most blatant of contexts, is illegal in most countries. However, advertisers still find ways to deceive consumers in ways that are legal, or technically illegal but unenforceable.
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