[HN Gopher] FTC's rule banning fake online reviews goes into effect
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       FTC's rule banning fake online reviews goes into effect
        
       Author : indus
       Score  : 353 points
       Date   : 2024-10-22 15:21 UTC (7 hours ago)
        
 (HTM) web link (abcnews.go.com)
 (TXT) w3m dump (abcnews.go.com)
        
       | bragr wrote:
       | Does the regulation say anything about deceptively moderating
       | reviews? e.g. deleting all the low star reviews?
       | 
       | edit: it doesn't seem so. You just have use some weasel language:
       | 
       | >The final rule also bars a business from misrepresenting that
       | the reviews on a review portion of its website represent all or
       | most of the reviews submitted when reviews have been suppressed
       | based upon their ratings or negative sentiment.
       | 
       | https://www.ftc.gov/news-events/news/press-releases/2024/08/...
        
         | peteey wrote:
         | yes, "This final rule, among other things, prohibits [...]
         | certain review suppression practices[...]"
         | 
         | https://www.ftc.gov/legal-library/browse/federal-register-no...
         | 
         | Further down the notice cites the scenario: "[...] more than
         | 4,500 merchants that were automatically publishing only 4- or
         | 5-star consumer reviews"
        
         | onlyrealcuzzo wrote:
         | How does this stop one of the most common practices?
         | 
         | * Step 1, take a product with a terrible rating
         | 
         | * Step 2, create a new SKU for the exact same product so it has
         | no ratings
         | 
         | * Step 3, get a handful of fake 5-star reviews (in some way the
         | FTC isn't going to crack down on)
         | 
         | * Step 4, blast the old terribly reviewed product that now has
         | good reviews on marketing
         | 
         | * Step 5, get 10s of thousands of sales, $$$
         | 
         | * Step 6, let the terrible reviews pour in
         | 
         | Repeat to step 1 (possibly under a different brand name).
        
           | soco wrote:
           | To all commenters quickly pointing out the ways this rule is
           | far from perfect: you are completely right. This being
           | clarified, is the alternative doing nothing? Because that's
           | where we are.
        
             | maerF0x0 wrote:
             | Well, I think where we are is having to prove its
             | fraudulent. Agreed, impractically difficult.
        
             | conductr wrote:
             | When the FTC says "we're cracking down on online reviews"
             | with things like this the average Joe gains more confidence
             | in them, so yes, the doing nothing approach is actually
             | better IMO.
        
               | maxerickson wrote:
               | So never do anything unless you can guarantee a
               | particular outcome?
        
               | conductr wrote:
               | That's a stretch. But things like this only create a
               | false illusion of safety/honesty which can actually be a
               | tailwind for dishonesty.
        
               | hluska wrote:
               | So, don't do anything at all because there will always be
               | an issue with anything you do? Being negative is a
               | weakness.
        
               | conductr wrote:
               | How about; do things that you can enforce and expect a
               | positive net impact from, do things in a way that will
               | address the dozens of obvious first impression questions
               | that came up here due to lack of specifics. If you're
               | going to do it, put some thought into its execution and
               | administration.
               | 
               | And most of all, don't make global generalizations on
               | commentary that is quite specific and on a very
               | particular topic.
        
               | bcrosby95 wrote:
               | They have though. This has been a 2 year process.
               | 
               | https://www.ftc.gov/news-events/news/press-
               | releases/2022/10/...
               | 
               | https://www.ftc.gov/news-events/news/press-
               | releases/2023/06/...
               | 
               | They probably came to different conclusions as you. And
               | I'm sure they have reasons why they left some of that
               | stuff on the original list out. Because they spent 2
               | years looking at this rather than going with their
               | "obvious first impression questions".
               | 
               | You'll also note from those links that they have already
               | been pursuing some companies over this stuff. So they're
               | probably aware of what they're up against.
        
               | maxerickson wrote:
               | My assessment is more that the average consumer won't
               | have any idea that the FTC is doing this, so I am not
               | real worried about the downsides.
        
               | conductr wrote:
               | Not initially, but in time they tend to hear about it.
               | Some shops are bound to brag that their reviews are FTC
               | compliant and unbiased, etc.
        
             | jessriedel wrote:
             | Rules degenerating into infinite whack-a-mole is a strong
             | (though inconclusive) signal a mistake is being made.
             | "Let's ban rent increases". "Whoops, now all the landlords
             | are slacking on property maintenance; let's mandate
             | maintenance." "Whoops, now all the landlords have stopped
             | making improvements; let's let them increase rents X% when
             | they spend at least $Y on improvements." "Whoops,..."
             | 
             | So you end up in some new equilibrium. Maybe that
             | equilibrium is better, maybe it's worse, but it's simply
             | not true that it's always better to do something rather
             | than nothing, and pointing out the loopholes in the rules
             | is valid criticism.
        
           | maerF0x0 wrote:
           | This is an important thing to tackle too. Amazon is notorious
           | for allowing shady practices like Sell product A for lots of
           | 5* reviews, then change the product listing to a completely
           | different thing (which may or may not deserve 5 _) ...
           | 
           | Another aspect is review solicitation. eg: ios games often
           | pop up with their own modal of "Rate us" and if you click 5_
           | it redirects you to app store to make a review, if you click
           | 4 or less it redirects you to a feedback form. They grease
           | the path for positive reviewers.
        
             | MBCook wrote:
             | iOS: That's 100% against the rules. Much like other dark
             | patterns like forcing a sign up or location access as
             | gating to the rest of the app. Or using notifications for
             | advertising.
             | 
             | Now if only Apple would enforce those (or stop doing them
             | themselves).
        
               | schmidtleonard wrote:
               | Unenforced rules aren't rules so much as taxes on the
               | honest.
        
               | MichaelZuo wrote:
               | That's a pretty clever phrase!
        
               | potato3732842 wrote:
               | And a potential cudgel with which to strike those who's
               | success is inconvenient.
        
               | avandekleut wrote:
               | oof - the app we work on at my company does all of
               | these..
        
               | ahoka wrote:
               | Did you just have an "Are we the baddies?" moment?
        
               | JacobThreeThree wrote:
               | They probably get way more reviews with the prompt, and
               | positive ones, than without it, despite how some morally
               | indignant outlier HN commenters would react.
        
               | MBCook wrote:
               | Well I understand why people don't like some of them, the
               | truth is the vast majority of the App Store rules are
               | really good as an end user/consumer.
               | 
               | Unfortunately Apple doesn't seem to care unless the rule
               | is really good for Apple.
        
               | rgovostes wrote:
               | I've thought about starting a page to call out the apps
               | that abuse push notifications for ads to show that Apple
               | isn't enforcing its rule.
               | 
               | > 4.5.4 ... Push Notifications should not be used for
               | promotions or direct marketing purposes unless customers
               | have explicitly opted in to receive them via consent
               | language displayed in your app's UI, and you provide a
               | method in your app for a user to opt out from receiving
               | such messages. Abuse of these services may result in
               | revocation of your privileges.
               | 
               | The worst offender is DoorDash. If you turn off push ads,
               | after you place an order it will prompt you to turn on
               | notifications "to get the latest on your order". Agreeing
               | turns on ads. You get the prompt even if you already have
               | order update notifications enabled.
        
               | Dalewyn wrote:
               | I block every single notif from nearly every single
               | program on my phone. The only real exceptions are my bank
               | and brokerage and games I play everyday; you know, stuff
               | I actually care about.
               | 
               | I haven't lost anything from blocking the rest, and I'm
               | not about to start allowing now.
               | 
               | "Notif" because it's Not a question of If I will allow
               | them, also because it's not worthy of being called by a
               | full and proper name.
        
               | dgfitz wrote:
               | I just don't install apps.
        
             | thechao wrote:
             | If an app pops up a "rate us" modal, it gets a 1-star in
             | the app store, with a note to the developer _why_. I don 't
             | care how great your app is.
        
               | exe34 wrote:
               | on my phone, I have play store firewalled and only allow
               | it out when I want updates/install something.
               | 
               | if I could be bothered with the effort, this is the kind
               | of petty I would engage in.
        
               | trinsic2 wrote:
               | Absolutely my practice as well. App devs should never be
               | in the business of nagging for reviews.
        
               | baxtr wrote:
               | As an indie app developer this makes me really sad. We
               | need reviews otherwise we won't get enough downloads. Big
               | companies can pay huge amounts on ads, we can't and thus
               | rely on positive reviews and ratings. Fact is that most
               | users won't rate unless asked.
               | 
               | If you really like an app give it a nice review.
        
               | maerF0x0 wrote:
               | we will, of our own accord without nagging.
        
               | williamdclt wrote:
               | It's only a guess, but I don't think data is on your
               | side. I seriously doubt that appreciative users "will, of
               | their own accord with your nagging" rate apps. I'd bet
               | it's less than 2% who do
        
               | tpmoney wrote:
               | While I appreciate that need, as a user this is the worst
               | way to get me to review your app. Especially because so
               | many of them aren't tuned for paying any attention at all
               | to what their users are doing before prompting them. I
               | had one app recently prompt me for a review before I'd
               | even completed their "first time tutorial" slide deck.
               | Not only do I not know enough at that point in time to
               | even review the app, but if I was so inclined to click
               | through at that moment it would have been to leave a
               | review complaining about the practice rather than saying
               | anything substantive about the app's functionality. But
               | even when they're not that bad, they're almost always
               | popping up when I open the app (the moment when I'm
               | specifically intending to do something that I'm now being
               | interrupted) or in the middle of some workflow. It's the
               | same annoying behavior that web pop-up folks used to do
               | too.
               | 
               | Personally, I'd rather see you add a small UI element
               | somewhere, or a banner that appears briefly but
               | critically doesn't cover up any controls. If you
               | absolutely MUST use a pop up, you know when the best time
               | to do that is? After I've completed some in app purchase.
               | If I'm spending money on your product, chances are I'm
               | moderately satisfied with it and feeling pretty good
               | about it at that moment. Or if you don't have in app
               | purchases, unless you've made a "content browsing only"
               | app, you probably have some workflows that have a
               | definite end state. Prompt me then, at the end of me
               | doing what I've come to your app to do. But I've never
               | once given a review / stars to any app that has
               | interrupted me in the middle of or at the start of doing
               | something.
        
               | zaptheimpaler wrote:
               | Yeah I understand this and definitely do not retaliate
               | against being asked for reviews. I find the usual modal
               | pop-up for a review can be a bit jarring or appear at
               | inopportune moments though, i wonder if not using modals
               | would be better.
        
             | rsync wrote:
             | Does the new product have the same ASIN ?
             | 
             | How could they allow this?
        
               | skeltoac wrote:
               | New ASIN. They can take a physically unbranded product
               | and list it under a new name brand at will. They can
               | change the quantity or bundle. They can change an
               | irrelevant attribute. Amazon plays ignorant.
               | 
               | I sell a product there and some of my competitors are
               | doing those things I listed. Their reviews are also very
               | obviously fake. I've also received some obviously fake
               | negative reviews. I'm not really holding out any hope
               | that it'll get better anytime soon.
               | 
               | I just reduced my Amazon advertising spend so I can focus
               | on other channels. Also a little bit out of spite.
        
             | greggsy wrote:
             | Isn't that against App Store TOS?
        
             | pbhjpbhj wrote:
             | "Amazon is notorious for allowing shady practices"
             | 
             | Surely, 'conspiring to/orchestrating profit through immoral
             | practices' is a more precise statement of Amazon's
             | activities.
        
           | s1artibartfast wrote:
           | Im curious about the opposite practice, sharing reviews
           | across several SKUs. I basically stopped looking at reviews
           | because they were unrelated to the one I was buying.
           | 
           | I get that some products have configurations, like color and
           | size, but often times wildly different products are grouped
           | together.
        
             | internet101010 wrote:
             | Case in point: candle scents.
        
             | layer8 wrote:
             | On Amazon you can filter by the current configuration on
             | the review page (at least on desktop).
        
               | Rebelgecko wrote:
               | On mobile they make it pretty hard to read reviews (or
               | maybe im in some sort of A/B test where I'm only allowed
               | to ask their LLM about what the reviews say?)
        
           | bilekas wrote:
           | Something similar to this happens on eBay. Sellers will sell
           | a product say a usb adapter, cheap and fully functional,
           | users leave reviews and then the seller changes the listing
           | to be a completely different item, retaining all the previous
           | ratings and sale counts. How would this apply here is a good
           | question.
           | 
           | Wouldn't like to assume but regulatory bodies usually think
           | about these things in advance no ?
        
             | thereddaikon wrote:
             | Haven't ebay reviews always meant to be about the seller
             | and not necessarily the product? Ebay started with the
             | expectation it was normal people auctioning used goods.
             | Having reviews for a specific product doesn't make sense
             | when there is no fixed product. Obviously things have
             | changed over the years but the site is still largely built
             | around those assumptions.
        
               | bilekas wrote:
               | Yeah so when you view a listing now from a business it
               | will show "100 units sold" but you're right it's crazy
               | you can just change the whole product. I think it's
               | specific for the business sellers.
        
             | bcrosby95 wrote:
             | https://www.ftc.gov/news-events/news/press-
             | releases/2023/06/...
             | 
             | They proposed including review hijacking. There's probably
             | a reason why they didn't include it. Or maybe they think
             | the rules they included already cover it.
        
           | cortesoft wrote:
           | I mean, step 3 would be illegal... your question is
           | impossible to answer, since you hand waive the illegal step
           | as saying "they do it in such a way that the FTC isn't going
           | to crack down on".
           | 
           | This is basically the equivalent of saying "How are you going
           | to stop crime X if they commit crime X in a way that let's
           | them get away with X?"
           | 
           | Either they find a way to enforce the rules against step 3,
           | or they fail to do so. We can't know yet.
        
             | Supermancho wrote:
             | The online shoppers, that I know, have learned to pass on
             | products with a few high reviews, in a highly competitive
             | space. If the signal weak, it's not something to trust.
        
           | Suppafly wrote:
           | Well step 3 is the part they just made illegal. If you are OK
           | with breaking the law, nothing is going to stop you until you
           | get caught and fined. Presumably the getting caught and fined
           | part will be enough deterrent.
        
             | sidewndr46 wrote:
             | what qualifies a review as fake? If I write it, it's a
             | review isn't it? The whole thing is subjective. Plenty of
             | people love products I can't stand
        
               | conductr wrote:
               | And how do they even audit it? Do they require only users
               | who verifiably used/purchased the product to submit
               | reviews? Do they require the reviewer to actually use the
               | product? for sufficient amount of time so that the review
               | is more than just "first impression"? So many loopholes,
               | this won't change anything except perhaps a few big
               | marketplaces but it's doubtful they will be able to
               | police it
        
               | sidewndr46 wrote:
               | That's actually a really good point. I can review a can
               | opener in a few minutes. Either it opens the can or it
               | doesn't. How would I ever review something like a Ford
               | F-350? I don't even have a trailer heavy enough to test
               | the towing capacity.
        
               | conductr wrote:
               | I see a ton of 5 star reviews that just say something
               | like "Super fast shipping!" and think, "OK, have you even
               | opened the box? does it work? is this review for FedEx?"
        
               | PaulDavisThe1st wrote:
               | Well, that's a bad example ... The can opener I had for
               | the first 50 years of my life left a dangerous crazy
               | sharp metal edge around the opening which I cut myself on
               | more than once. The Oxo can opener I've had for the last
               | 10 years rolls the edge as it cuts and removes the entire
               | top of the can; what's left is extremely safe, at least
               | by comparison with the old style.
               | 
               | Then again, when I was much younger, I had a backpacking
               | can opener that was useful when hiking in places where
               | sometimes buying canned foods made sense. It was about as
               | large as a very large postage stamp, and crazy good for
               | the size and weight. I wouldn't want to use it at home
               | (much), but it was awesome when I had to carry it around.
               | 
               | So, even for can openers, the story can be complicated.
               | 
               | Also, assuming that the primary purpose of an F350 is
               | towing is ... interesting. Lots and lots of them here in
               | rural NM (as much as anyway, anyway), and they are rarely
               | towing anything.
        
               | bear141 wrote:
               | Not debating the practicality here, but even if you need
               | your truck to do something only once in the entirety of
               | your ownership, it needs to be capable of this all the
               | time. Towing, crawling, etc.
        
               | mlyle wrote:
               | I disagree. I've never had a vehicle that does 100% of
               | whatever I'd want a vehicle to do. At some point we need
               | to make tradeoffs and accept that we'll either have
               | limitations or need to solve some problems in a different
               | way.
               | 
               | Letting something that is 1% of operating hours for a
               | device drive requirements strongly is often a mistake.
               | With some obvious exceptions because e.g. I cannot choose
               | when I am going to engage in maximum braking and defer it
               | to a different vehicle.
        
               | conductr wrote:
               | They do make trade offs. Just not the same you might
               | make. The F350s are limited on where they can park and
               | are a pain in the ass to drive around a city. Some people
               | tow stuff more frequently than they go into the city
               | though, so it probably is a reasonable trade off to them.
               | Also comes with some other perks like comfort and more
               | beefy off road capabilities. Something that is valuable
               | in rural areas even without towing.
               | 
               | I tow stuff about a dozen times a year and live in a
               | city. I drive a Tahoe because not being able to tow when
               | you want to is a pretty big inconvenience even though I'm
               | a single occupant driver 90% of the time and it's way
               | bigger than I "need". Turns out it's quite comfortable
               | and I just like it, even if I wasn't towing ever.
               | 
               | I went years of renting vehicles just to tow. It sucks in
               | a lot of ways. No one just wakes up and thinks "I'm going
               | to tow some stuff". You're doing it for a reason, there's
               | probably a high amount of labor involved in that reason,
               | trying to do it all in the rental window or find an
               | appropriate vehicle on the day you need it. Is a
               | challenge. I've set rental reservations then it rains so
               | I can't do the work I needed to. Clear skies tomorrow but
               | have to wait a week for another rental to be available.
               | It's a hassle.
               | 
               | Another thing I struggle with is my towing needs
               | fluctuate a lot. Earlier this year I was doing a
               | construction project and ended up needing to tow stuff
               | practically every day for 6 weeks. If I tried to do that
               | any other way than owning a capable vehicle, it'd have
               | been logistically challenging. Trying to time vehicle
               | rental with trailer and equipment rentals would have
               | dragged the construction project out to easily triple the
               | time just by adding delay, probably much longer. Not to
               | mention the cost of it all. Which the bigger vehicles do
               | cost more, but they are assets even if depreciating. When
               | you rent it's pure expense. The rent cs own calc can flip
               | quickly.
        
               | mlyle wrote:
               | Sure. I'm not saying it's completely unreasonable.
               | 
               | Here the person was saying "once in the entirety of your
               | ownership". If it's really once in the vehicle's life,
               | then you really should rent something else when you need
               | this.
               | 
               | I understand renting vehicles to move stuff is a PITA.
               | I've used the hardware store's trucks several times and
               | it adds a lot of anxiety to a project (though I've never
               | had a really tough time with availability).
        
               | conductr wrote:
               | Ah I think he was making a point about the need being
               | Boolean more so than a literal meaning of once. You said
               | 1% which probably matches up to my usage of the tow
               | feature. All good though, those rentals are definitely
               | the most available but they rarely work for me as I
               | usually need more time. They design it to be highly
               | available for short store-to-home trips.
               | 
               | Occasionally I still rent, sometimes I need a bigger
               | truck than I have due to weight.
        
               | ultimafan wrote:
               | I bought a truck for similar reasons (was tired of
               | constantly having to rent/borrow cars to tow or haul/pick
               | up something that doesn't fit in a "normal" car). I got a
               | lot of utility use out of it over the years and I do
               | honestly agree, even though I now almost never have to
               | use it for anything truck-related I'm still very happy
               | with it, it's very comfortable and reliable. I'd buy
               | another one in a heartbeat. The convenience of knowing I
               | can spontaneously throw anything I want in the back
               | without ever thinking or planning about it in the rare
               | cases I do still occasionally have to is just the cherry
               | on top at this point.
        
               | vel0city wrote:
               | > but even if you need your truck to do something only
               | once in the entirety of your ownership
               | 
               | I'd just say rent something for that one off time in its
               | entire ownership. Otherwise, I'd be daily driving a 26'
               | box truck because I moved apartments every few years.
               | 
               | One time I had to ship a few pallets of stuff across the
               | country. I guess I should have just bought a semi-trailer
               | truck as a daily driver.
        
               | bluGill wrote:
               | I can rent a box truck for moving easially enough, and
               | generally I know far enough in advance that I can reserve
               | it.
               | 
               | However I've never found a truck I can rent to two. Sure
               | I can rent trucks, but they come up with a large pile of
               | fine print which says I cannot two. Even those box trucks
               | cannot tow, or can tow but only their trailer which has
               | specific restrictions on what you can use it for. Oh, and
               | the trailer they allow you to use has surge brakes which
               | are terrible.
        
               | vel0city wrote:
               | I've rented trucks to tow a few times over the years.
               | Enterprise truck rental has trucks for towing, just a
               | weight restriction.
               | 
               | But to be honest the vast majority of times I've needed
               | to rent a truck to tow something it's because I was
               | renting something towable. I can't imagine I'd bother
               | renting some equipment from one place just to rent a
               | truck from someplace else.
               | 
               | In fact, it's not like one _needs_ some giant truck to
               | tow many things. The vehicle I 've owned that had the
               | most use out of its tow hitch was a Ford Focus. I've
               | gotten a bit of use from my midsize crossover which has
               | 5,000lbs of tow capacity. More than enough for a small
               | boat or jet skis or a small trailer.
        
               | bluGill wrote:
               | The only trailers I can find for rents have surge brakes
               | (or not brakes at all - and thus too light duty for what
               | I want to haul). I'll keep my trailer with electric
               | brakes just to avoid those.
        
               | marinmania wrote:
               | I don't have the most faith it will be easy to execute
               | but I would imagine:
               | 
               | - Some disgruntled people at company's could leak
               | directly, which would make engaging in this behavior
               | riskier
               | 
               | - Random individuals or competing companies could monitor
               | product reviews and report. For example, show that an
               | Amazon product ID used to be for another product 3 months
               | ago when reviews were written.
               | 
               | I'm optimistic. There are a lot of regulations (including
               | digital regulations) that everyone ends up following even
               | if the government isn't monitoring things themselves. The
               | risk of penalty just needs to be high enough, and
               | hopefully places like Amazon realize the downside/penalty
               | of fake reviews now makes it worth policing.
               | 
               | It obviously won't help your "first impression" review
               | problem but that's not the intent of the law and not sure
               | why the government would be involved in that. A lot of
               | movies don't hold up well on a rewatch, too. If you are
               | that particular about buying something that lasts X years
               | then you can seek out dedicated advice blogs/youtube
               | channels.
        
               | LargeWu wrote:
               | Some will be obvious, such as a review for a book or game
               | or other media item that hasn't been publicly released. I
               | would expect a platform such as Amazon would have
               | responsibility to suppress reviews for items that are
               | not, and have never been for sale. A flood of reviews all
               | coming in immediately after the product goes on sale, or
               | a statistically improbable distribution of geographic
               | locations would also be suspicious.
        
               | r00fus wrote:
               | I don't know this seems to be fairly broad statement that
               | could allow enforcement for any number of schemes:
               | 
               | > The final rule addresses reviews and testimonials that
               | misrepresent that they are by someone who does not exist,
               | such as AI-generated fake reviews, or who did not have
               | actual experience with the business or its products or
               | services, or that misrepresent the experience of the
               | person giving it.
        
               | kevin_thibedeau wrote:
               | Amazon is loaded with LLM generated reviews now. They
               | stand out as overly wordy and rambling while being light
               | on any critical discussion of the product.
        
             | onlyrealcuzzo wrote:
             | There's a difference between "fake as defined by the FTC
             | which you will actually get in trouble for" and "fake".
        
               | jasonlotito wrote:
               | It's your comment in the context of the FTC. You said it
               | was fake, in the context of the FTC. Why are you debating
               | yourself?
        
               | onlyrealcuzzo wrote:
               | Please re-read. The FTC defining it as fake means nothing
               | if the FTC does not, in practice, crack down on it
               | regularly.
               | 
               | The FTC can say it's illegal to do X, and all companies
               | can do X with impunity if the FTC, in practice, does not
               | do anything about it when companies do X.
        
           | rendaw wrote:
           | Rating averaging methods _should_ treat scores with fewer
           | data points as less trustworthy and either suppress showing
           | the score or apply some early-rating bias. I.e. if users are
           | sorting by rating new products should never be near the top.
           | 
           | Otherwise it should be possible to sort products or even
           | brands/sellers by age and prefer older ones with more
           | reviews.
           | 
           | I'm not sure Amazon does the first though ATM, and it
           | definitely doesn't do the latter.
        
             | slipperybeluga wrote:
             | This doesn't help when every useless chinese widget on
             | Amazon with a RNG created brand name has literally
             | thousands or even tens of thousands of fake reviews. Yeah
             | like 10,000+ were so enamored with this {insert useless
             | item here} that they felt compelled to leave a 5 star
             | review. Amazon has totally sold out like eBay. I don't shop
             | on either anymore because it's hard to find real brands and
             | feedback and reviews are fake. Not to mention the blatant
             | fakes of major products ...
        
               | reaperman wrote:
               | Not sure why this was flagged - it echoes my experience
               | pretty accurately!
        
               | bluGill wrote:
               | Unfortunately some of the weird things I need I can't
               | figure out who else sells them. I can search amazon or
               | ebay and find someone but they don't have a presence
               | elsewhere (at least not that I can find)
        
           | lancesells wrote:
           | Shop other places besides Amazon. They've enabled all of this
           | to increase profits.
        
           | banannaise wrote:
           | It's in the rules. Emphasis mine:
           | 
           | Fake or False Consumer Reviews, Consumer Testimonials, and
           | Celebrity Testimonials: The final rule addresses reviews and
           | testimonials that misrepresent that they are by someone who
           | does not exist, such as AI-generated fake reviews, _or who
           | did not have actual experience with the business or its
           | products or services_
           | 
           | If you covertly switch the product, then the reviews shown
           | are from people who did not have actual experience with the
           | product.
        
           | bluecalm wrote:
           | Airbnb's business model in a nutshell :)
        
         | sidewndr46 wrote:
         | I guess manufacturers will now just have to reject anything
         | other than a five star review immediately. As long as it is not
         | submitted, it cannot be suppressed
        
           | popcalc wrote:
           | FINALLY a use for MangoDB https://github.com/dcramer/mangodb
        
             | sidewndr46 wrote:
             | That lists a complexity of O(1) for all operations. I'm not
             | sure that will scale. I expect my database to implement
             | O(0) or lower complexity.
        
               | kevin_thibedeau wrote:
               | Will you settle for O(sqrt(1))?
        
         | TZubiri wrote:
         | Come on, regulation can only go so far. The ruling is regarding
         | third party review aggregators, a discussion about self hosted
         | reviews is off-topic.
        
       | AdmiralAsshat wrote:
       | > It also bans businesses from creating or selling reviews or
       | testimonials. Businesses that knowingly buy fake reviews, procure
       | them from company insiders or disseminate fake reviews will be
       | penalized. It also prohibits businesses from using "unfounded or
       | groundless legal threats, physical threats, intimidation, or
       | certain false public accusations."
       | 
       | Still seems like it leaves in a giant loophole for all of those
       | overly-cheery reviews that start with, "This item was provided to
       | me by the manufacturer in exchange for a fair and honest review!"
        
         | shkkmo wrote:
         | You are no longer allowrd to provide compensation for reviews.
         | So companies can still send out stuff for your to possibly
         | reviews but it can't make recieving items dependent on actually
         | writing a review, even 'implicitly', though we'll see how
         | enforcement shakes out.
        
           | nerdponx wrote:
           | It will be impossible to enforce. The people who don't leave
           | good reviews simply will get dropped from the mailing list.
           | However, it forces the whole thing to kind of move
           | underground, which should help at least reduce the scale of
           | the problem, and creates a deterrent against getting too
           | aggressive with it.
        
             | youworkwepay wrote:
             | And if enforced aggressively, will only provide a set up
             | for false flag operations to get a competitor banned for
             | fake reviews. I think we've already seen this movie in
             | SEO....
        
               | shkkmo wrote:
               | The evidentiary standards for Google search ranking
               | changes is VERY different than the one used for FTC
               | enforcement actions.
               | 
               | I'm pretty sure getting caught for trying to frame a
               | company for buying reviews would bring criminal charges
               | that are more serious than the FTC enforcement action.
        
           | sidewndr46 wrote:
           | Wouldn't this ban a huge swath of you tube reviews? I've
           | watched plenty of youtube videos where some one uses a
           | product and says something like "I had no interest in this
           | thing, but the manufacturer offered it to me for free if I
           | made a video of me using and gave my impressions of it"
        
             | voxic11 wrote:
             | Compensation can still be provided as long as it is not
             | conditional on the reviewer expressing a particular
             | sentiment. So your example could still be allowed.
             | 
             | > The final rule prohibits businesses from providing
             | compensation or other incentives conditioned on the writing
             | of consumer reviews expressing a particular sentiment,
             | either positive or negative.
             | 
             | https://www.ftc.gov/news-events/news/press-
             | releases/2024/08/...
        
               | sidewndr46 wrote:
               | OK, then this has been the de-facto standard amongst many
               | industries for a long time. Plenty of reviewers say stuff
               | like "it really is weird! I made one video about how I
               | didn't like a product. After that I was never invited to
               | attend a launch for a product, get early access, etc. I
               | guess those two could not be correlated at all!"
               | 
               | Based on the text you have shared it'd be perfectly fine
               | if you were paid to write a "neutral" review.
        
               | shkkmo wrote:
               | The rule also prohibits implicit compensation, but we'll
               | see if it's enforced/enforceable.
        
               | hbn wrote:
               | You can non-explicitly enforce positive review coverage
               | by simply not sending review units to people who are
               | likely to say things bad about your products. If you send
               | early review units to 10 people one year, and the next
               | year only 6 of them get review units, and the 4 people
               | who didn't get review units this year were the 4 who gave
               | the harshest review, the message is now out that you need
               | to say good things if you want to continue getting early
               | access to devices for reviews.
               | 
               | SnazzyLabs is a good example - he should be well within
               | the criteria for Apple to be sending him iPhones and Macs
               | early, but I can only assume Apple thinks he's too
               | critical when he finds an issue he doesn't like. Thus he
               | has to buy his review units on street release date along
               | with everyone else. How many people are giving less
               | critical reviews because of that?
        
               | DrillShopper wrote:
               | nVidia tried to pull this stunt with the YouTube channel
               | Hardware Unboxed. They weren't singing the praises of RTX
               | and DLSS loud enough for nVidia and were threatened with
               | having review samples withheld until they changed their
               | tune.
        
               | shkkmo wrote:
               | > It clarifies that the conditional nature of the offer
               | of compensation or incentive may be expressly or
               | implicitly conveyed.
               | 
               | So implicity only offering review units to positive
               | reviewers is still not allowed.
        
               | sidewndr46 wrote:
               | So if I style myself as a negative only reviewer, they
               | have to give me a review unit? Like I'm that judge in the
               | olympics that never gives anyone a perfect score. The
               | best your product will get from me is a 2/10.
        
           | nomel wrote:
           | Could coupons be a way around this? ... [deleted]
           | 
           | edit: after RTFM, page 42, coupons are considered valuable:
           | 
           | > For the reasons explained in this section, the Commission
           | is finalizing the definition of "purchase a consumer review"
           | to mean to provide something of value, such as money, gift
           | certificates, products, services, discounts, coupons, contest
           | entries, or another review, in exchange for a consumer
           | review.
        
             | shkkmo wrote:
             | Why would a coupon be a way around this?
             | 
             | I think that document is specifically about taxes and
             | coupons. It is not intended to define "compensation" for
             | every statue in California and certainly not for federally
             | issued rules from the FTC.
             | 
             | Even then, that rule is about whether the coupon issuer is
             | compensated when a coupon is used, NOT about if a customer
             | is compensated if they are given a coupon.
        
       | gniv wrote:
       | The press release from FTC containing the entire rule:
       | https://www.ftc.gov/news-events/news/press-releases/2024/08/...
        
       | Simulacra wrote:
       | I went to a salon recently and was told I could get 10% off by
       | leaving a 5 star review BEFORE I received any service. That is
       | something I really hate and I wish review sites monitored for
       | that more. Would this be the same thing as buying reviews?
        
         | vkou wrote:
         | Leave a review, get the service, edit the review later.
        
         | CapmCrackaWaka wrote:
         | The number of establishments I have seen doing this has
         | skyrocketed. The last 2, I edited my review afterwards to 1
         | star and saying "this place gives a discount for good reviews".
        
           | bena wrote:
           | I mean, I would just leave.
           | 
           | Because I'm not going to leave a review, don't really leave
           | many reviews. But I'm especially not going to leave a review
           | _before_ I 've received service. But if I don't leave a
           | review, I'd be concerned I would be getting deliberately poor
           | service.
           | 
           | And if I'm going to get bad service, why should I subject
           | myself to that?
           | 
           | If anything, I would leave then give a 1 star review saying
           | they give discounts to people who give good reviews
           | beforehand and the explanation I gave above.
        
             | datavirtue wrote:
             | And they delete your review. There needs to be a
             | requirement to archive all reviews for seven-ten years.
             | When it was posted, how long it was up, content and user.
             | This is such a rabbit hole.
             | 
             | People cheer when government makes a rule like this but
             | there is a huge costly enforcement mechanism that goes with
             | this. That has to be implemented and maintained. Making the
             | rule is step one, and there are hundreds more steps that
             | have to happen any number of times, forever. Good luck.
             | Making laws that cannot be enforced just increases the cost
             | of government without having the intended effect. I can't
             | think of anything that the prime offenders would like more
             | than that.
        
               | bena wrote:
               | It is truly difficult because you do have people who
               | leave fake negative reviews as well. And fake reviews,
               | whether good or bad, should be deleted. They are useless,
               | they are only there to affect review scores.
               | 
               | It's a convoluted problem with no good answer so far.
        
         | orev wrote:
         | Yes, that would probably fall under this because 10% off is a
         | form of monetary compensation. But most review sites ban this
         | type of thing, but businesses do it anyway.
        
         | brandonmenc wrote:
         | If you think that's bad, I've seen doctors do this (albeit
         | after providing service.)
        
       | jsheard wrote:
       | Do testimonials count as reviews? Bad news for all the product
       | launches I see on here which are endorsed by 10 unidentifiable
       | "people" with abbreviated surnames and suspiciously stock-photo-
       | ish headshots, if so.
        
       | fny wrote:
       | Unfortunately, this rule excludes most of the fake reviews that
       | plague Amazon.
       | 
       | There are a lot of outfits in Pakistan that recruit reviewers in
       | the US by offering a full refund for Chinese products in exchange
       | for a five star review.
       | 
       | This rule should require disclosure of this behavior and frankly
       | any review that does not originate for a bonafide purchase.
        
         | quercusa wrote:
         | I recently bought a $9 TV antenna that promised a $50 Amazon
         | gift card for a five-star review.
        
           | xmly wrote:
           | Where to get this deal?
        
             | quercusa wrote:
             | Seller was ETBRJTK (known for their quality and honesty!)
        
           | datavirtue wrote:
           | That is a dirt cheap acquisition cost.
        
         | 1986 wrote:
         | The rule covers this
         | 
         | > Buying Positive or Negative Reviews: The final rule prohibits
         | businesses from providing compensation or other incentives
         | conditioned on the writing of consumer reviews expressing a
         | particular sentiment, either positive or negative. It clarifies
         | that the conditional nature of the offer of compensation or
         | incentive may be expressly or implicitly conveyed.
         | 
         | > Fake or False Consumer Reviews, Consumer Testimonials, and
         | Celebrity Testimonials: The final rule addresses reviews and
         | testimonials that misrepresent that they are by someone who
         | does not exist, such as AI-generated fake reviews, or who did
         | not have actual experience with the business or its products or
         | services, or that misrepresent the experience of the person
         | giving it. It prohibits businesses from creating or selling
         | such reviews or testimonials. It also prohibits them from
         | buying such reviews, procuring them from company insiders, or
         | disseminating such testimonials, when the business knew or
         | should have known that the reviews or testimonials were fake or
         | false.
        
       | brandonmenc wrote:
       | Next can we ban 1-star reviews that just complain about the
       | shipping and not the product itself?
        
         | dylan604 wrote:
         | Why, if you're thinking of buying the product from the same
         | vendor, would you not reconsider buying from a different vendor
         | just for shipping issues? Shipping is a major part of buying
         | something online, so I don't think it's a bad review to have
         | available
        
           | kbolino wrote:
           | It's a review of the process or the seller, not the product.
           | That having been said, Amazon and most similar online retail
           | "marketplaces" make the seller much less visible than the
           | product, encouraging the reviews to go in the wrong place.
        
             | dylan604 wrote:
             | I like how you've reduced the entire internet to just
             | Amazon. It is possible to have reviews on _other_ websites.
             | I know they really try to keep that a secret though.
        
           | ars wrote:
           | If UPS put the package by your neighbor, switching vendors
           | doesn't really do anything.
           | 
           | Or if you bought from a third party seller, but your review
           | is attached to an FBA product, the shipping review has
           | nothing to do with the current item.
        
             | Suppafly wrote:
             | >If UPS put the package by your neighbor, switching vendors
             | doesn't really do anything.
             | 
             | Switching to a seller that ships using fedex or usps would
             | do something. We've had the inverse problem, fedex is the
             | one that always screws up our deliveries and we actively
             | look for sellers that don't use them.
        
             | dylan604 wrote:
             | If the review was that their shipped packages were
             | improperly packaged to survive shipping of any carrier
             | would be useful info. Finding out they took 6 days to
             | arrange for delivery after the order is useful. Bad
             | shipping doesn't just mean the selected carrier had issues
        
         | ajsnigrutin wrote:
         | I know it's offtopic, but try reading some recipe reviews...
         | 
         | Chocolate cake recipe, needing a lot of butter, sugar, eggs,
         | etc.
         | 
         | And below it a one star review "I only replaced the eggs with
         | aquafaba, put in just a third of sugar and a third of oil to
         | make it healthier, used cocoa poweder instead of baking
         | chocolate, and it was horrible, hard, clumpy, didn't taste good
         | at all, never making this again, 1 star!"
        
         | MBCook wrote:
         | How about the App Store reviews on the Amazon app complaining
         | about individual products, or podcast app reviews that are
         | actually about individual podcasts?
        
         | sedatk wrote:
         | My only 2-star review about my book on Manning's web site is a
         | complaint about not receiving the book. I don't know what madem
         | them give me two stars instead of one. Maybe, they liked the
         | order process. :) If they had reached out to me, I could help
         | them contact with Manning support. But, there's no way I can
         | reach someone from a review (there's only a name listed there,
         | nothing else).
        
         | mandibles wrote:
         | Marketplaces need a vendor rating and product ratings. When
         | leaving a review, the form could have sections on shipping
         | separate from the product.
        
       | barryrandall wrote:
       | The review suppression rule is hilarious. The intent seems to be
       | to prevent people from using asymmetric access to the legal
       | system to bully reviewers into removing reviews they don't like.
       | The remedy? The thing the law was trying to prevent.
        
       | mmooss wrote:
       | > the rule bans reviews and testimonials attributed to people who
       | don't exist or are generated by artificial intelligence, people
       | who don't have experience with the business or product/services,
       | or misrepresent their experience.
       | 
       | Does the rule apply to private citizens? I wonder if the First
       | Amendment agrees with penalizing private citizens "who don't have
       | experience with the business or product/services, or misrepresent
       | their experience". They may mean that businesses can't engage
       | people to write such reviews.
       | 
       | Also, how will they handle the scale of enforcement? The large
       | companies seem easy - one enforcement action covers all of Yelp,
       | another all of Amazon, etc. But what about the infinite reviews
       | at smaller vendoers?
       | 
       | Overall though, I think this is great and long past due. The
       | lawlessness of the Internet - fraud, spying, etc. - is absurd.
        
         | bilekas wrote:
         | > Does the rule apply to private citizens? I wonder if the
         | First Amendment agrees with penalizing private citizens "who
         | don't have experience with the business or product/services, or
         | misrepresent their experience"
         | 
         | Maybe I'm wrong but doesn't the first ammended apply to public
         | speech ? Is there some nuances there when a private company is
         | involved and responsible for the content on their platform, in
         | this case reviews? Genuinely never sure of these things for the
         | US.
        
         | dataflow wrote:
         | > Does the rule apply to private citizens? I wonder if the
         | First Amendment agrees with penalizing private citizens "who
         | don't have experience with the business or product/services, or
         | misrepresent their experience".
         | 
         | I'm sure someone will try to argue that, but the way I
         | interpreted it is that this is not banning people from sharing
         | fake reviews, it's banning businesses from publishing and
         | misrepresenting those reviews as genuine. i.e. It's regulating
         | the business's practices, not the (purported) consumers'.
        
           | 8note wrote:
           | Effectively, I think it still bans joke reviews. You can
           | submit a joke review, but the company cannot publish it
        
         | LinuxBender wrote:
         | Does the first amendment protect financial fraud? Is this
         | strictly a speech issue? Doesn't the first amendment only apply
         | to people in the US? I ask because the shenanigans are world
         | wide.
        
         | enragedcacti wrote:
         | Almost all of the rules include the clause "for a business".
         | The only rules that don't to my eye are basically "no one can
         | make libelous or threatening statements to have a review
         | suppressed or removed" and "no one can sell, distribute,
         | purchase, or procure fake indicators of social media influence
         | [...] for commercial purposes"
        
         | BobaFloutist wrote:
         | > Does the rule apply to private citizens? I wonder if the
         | First Amendment agrees
         | 
         | > with penalizing private citizens "who don't have experience
         | with the business or
         | 
         | > product/services, or misrepresent their experience". They may
         | mean that
         | 
         | > businesses can't engage people to write such reviews.
         | 
         | The First Amendment doesn't typically protect your right to
         | commit fraud, no.
        
         | crazygringo wrote:
         | There's zero first amendment problem.
         | 
         | Because you're free to post as many false reviews on your own
         | personal blog. Nobody is silencing your views.
         | 
         | But a product page is _not_ allowed to publish those views. And
         | _businesses_ have never had first amendment rights to publish
         | falsehoods.
         | 
         | It's no different from ingredient listings on food. There's no
         | first amendment right for a business to lie about the
         | ingredients.
        
         | perihelions wrote:
         | - _" Does the rule apply to private citizens? "_
         | 
         | The rules do not apply to _" reviews that appear on a website
         | or platform as a result of the business merely engaging in
         | consumer review hosting."_ 16 CFR SS 465.2(d)(2) (2024) They
         | apply (paraphrased) to things someone is paying someone else to
         | say. Things people write about products without being paid to
         | write them are uncontroversially First Amendment-protected
         | opinion.
         | 
         | https://www.ftc.gov/legal-library/browse/federal-register-no...
         | (starts on page 153)
         | 
         | - _" penalizing private citizens "who don't have experience
         | with the business or product/services, or misrepresent their
         | experience". They may mean that businesses can't engage people
         | to write such reviews."_
         | 
         | I'm not a lawyer, but I think the AP article actually misstated
         | the law. The multiple paragraphs related to this only seem to
         | cover the case where a review _" materially misrepresented...
         | that the reviewer used or otherwise had experience with the
         | product"_. The way the AP paraphrased this is different. They
         | separated out "or misrepresent" with an "or", but it's not
         | separate.
        
       | maerF0x0 wrote:
       | Is there something about the American system such that the FTC is
       | more active/aggressive during Democrat office? Anyone else notice
       | this trend? If it's real what causes it?
        
         | mikeyouse wrote:
         | Of course. The chair of the FTC is a political position so
         | changes with each administration. Very broadly, US Democrats
         | are more in favor of regulation to stop abuses and US
         | Republicans are more 'hands off, the market will sort it out'
         | in their approach.
        
           | kmeisthax wrote:
           | With the FTC in particular, neither party wanted the FTC to
           | be aggressive. Biden wanted to appoint someone else but had
           | all his appointments blocked by the far-right. Lina Khan got
           | in because populists (left and right) saw her as a weapon
           | that could be wielded against Big Tech.
           | 
           | There's actually a big cloud hanging over the Kamala Harris
           | candidacy over whether or not Lina Khan will remain FTC
           | chair. There's a lot of tech money flooding into her
           | campaign. Though in this case it's also to replace the
           | current SEC chair, because the SEC chair is actually
           | enforcing securities law against crypto fraudsters, who would
           | really like to keep their scam going.
           | 
           | Same with Trump. Big Tech banned him for, y'know,
           | _instigating a coup d 'etat_. But three years later, Big Tech
           | is now trying to wine and dine him, because the FTC is
           | scaring the shit out of Big Tech. You have Tim Cook going to
           | Trump and Trump saying how he's going to stop the EU from
           | attacking US companies. Hell, Elon Musk bought Twitter just
           | so he could turn it into an arm of the Trump candidacy. And
           | who knows what Mark Zuckerberg thinks. Likewise, with the SEC
           | stuff, Trump _used_ to be a (rightful) big critic of crypto,
           | until he realized he could make money selling tacky NFTs of
           | himself, and is now also trying to get in on that crypto
           | money.
        
         | Suppafly wrote:
         | >Is there something about the American system such that the FTC
         | is more active/aggressive during Democrat office?
         | 
         | Well republicans generally shoot down anything that is pro-
         | consumer at the cost of business profits, even when it's
         | related to consumer awareness or safety, so the only way to get
         | decent pro-consumer rules enacted is when democrats are in
         | power.
        
         | bluGill wrote:
         | Some of the large cases that made hackernews in the past year
         | had a similar comment to yours even though the investigation
         | was started under Trump and only completed recently - if you
         | like the democrats though you will give all credit to the
         | democrats.
         | 
         | Which is to say there is some political differences, but don't
         | make such accusations before you carefully check to ensure it
         | isn't just your bias to observe more when democrats are in
         | power and thus see more.
        
           | maerF0x0 wrote:
           | My comment is literally 3 questions and 0
           | assertions/accusations.
        
       | cptnapalm wrote:
       | Wouldn't this make the glorious reviews for the Hutzler 571
       | Banana Slicer illegal? I mean this thing has saved and ended
       | marriages, enabled people to live their dreams of starting zydeco
       | bands, started the boomerang pigeon hunting craze, and much more.
       | 
       | https://www.amazon.com/Hutzler-3571-571-Banana-Slicer/produc...
        
         | mandibles wrote:
         | Ah, the days when the Internet was fun.
        
       | burningChrome wrote:
       | >> > the rule bans reviews and testimonials attributed to people
       | who don't exist or are generated by artificial intelligence,
       | people who don't have experience with the business or
       | product/services, or misrepresent their experience.
       | 
       | I guess they don't know about how people scam Amazon reviews by
       | getting legit people to simply buy the product and leave a five
       | star review and then get reimbursed for their purchase later by
       | the company or the company the company hired to get these people
       | to do this.
       | 
       | (From 2022) Inside the Underground Market for Fake Amazon Reviews
       | 
       | https://www.wired.com/story/fake-amazon-reviews-underground-...
        
         | 2OEH8eoCRo0 wrote:
         | Of course they know. One thing at a time.
        
           | nerdponx wrote:
           | Especially now that literally anything the FTC does could be
           | struck down by a federal judge at any time, unless it is
           | explicitly written out or delegated legislation.
        
         | WesternWind wrote:
         | Actually that's covered by the rule.
         | 
         | Buying Positive or Negative Reviews: The final rule prohibits
         | businesses from providing compensation or other incentives
         | conditioned on the writing of consumer reviews expressing a
         | particular sentiment, either positive or negative. It clarifies
         | that the conditional nature of the offer of compensation or
         | incentive may be expressly or implicitly conveyed.
        
           | LinuxBender wrote:
           | I hope this is actively enforced with real teeth very soon. I
           | 1-star fake products and call them out in reviews resulting
           | in the devious vendor somehow being able to send me a
           | postcard to my real physical address offering money for 5
           | stars. The sham vendor also spam my email weekly. Amazon
           | appears to actively support this process. It needed to be
           | curtailed decades ago.
        
           | burningChrome wrote:
           | >> The final rule prohibits businesses from providing
           | compensation or other incentives.
           | 
           | Amazon has had this rule in place for a long time and I still
           | get cards in the boxes of the stuff I buy, "Give us a 5 star
           | review and get 30% off your next purchase!"
           | 
           | Clearly Amazon doesn't know about this or isn't generally
           | enforcing it. I'm wondering how the FTC is going to patrol
           | this since Amazon has already had this rule in place for a
           | while and it hasn't dissuaded sellers from changing their
           | habits.
        
             | bluGill wrote:
             | The FTC can force Amazon to do more about it. Just proving
             | they are trying would be a big help.
        
               | notinmykernel wrote:
               | Amazon is currently providing a LLM-generated summary of
               | these faked customer reviews. To abide by the FTC ruling,
               | Amazon would now have to prove that all of their training
               | data is legitimate customer reviews. Do you think they
               | will actually do that?
        
               | bluGill wrote:
               | If the FTC wants to they can. The government as a lot
               | more power than Amazon, the only question is will they
               | use it.
        
           | arealaccount wrote:
           | The people I've met that leave reviews for free product
           | aren't required to leave any "particular sentiment". They
           | just rely on tacit laws of reciprocity.
        
           | crazygringo wrote:
           | I've gotten lots of offers of discounts in exchange for a
           | review.
           | 
           | Not one has ever conditioned it on expressing a certain
           | sentiment, rating, or anything at all.
           | 
           | But I think most people feel strongly enough they _should_
           | leave a positive review in exchange for money. It doesn 't
           | even need to be said.
        
         | sidewndr46 wrote:
         | "generated by artificial intelligence" ? So if I write "this
         | product sucks" for a review and I use Bing or some other source
         | to rewrite this to "this product's quality does not live up to
         | the manufacturer's claim" based on my input does that make it a
         | crime?
        
           | digging wrote:
           | I read it as "attributed to people who ... are generated by
           | artificial intelligence.'
           | 
           | Insurance against the argument that "This person who wrote
           | the review _does_ exist, just not in a flesh body, they 're
           | an AI creation." But that might also be an instant-flop
           | argument legally since I'm sure "personhood" has some
           | definition near-future AI can't hope to approach.
        
           | BobaFloutist wrote:
           | Christ almighty you people are exhausting.
        
         | munk-a wrote:
         | I think the bigger issue Amazon will face is that you can edit
         | items in a big way... it's not like just clarifying "Multi-
         | socket extension cord" to "Three socket extension cord" but
         | swapping out products wholesale once you've built up a clout of
         | good reviews on it.
         | 
         | Honestly - Amazon really needs some serious lawsuits to force
         | it to stop being such a bad actor in the online retail space.
        
           | fallingknife wrote:
           | This is an extremely hard problem to solve. What degree of
           | change makes it a different product? And that doesn't even
           | touch the problem that products can look identical on the
           | outside and use cheap crap on the inside. Amazon is not a bad
           | actor here. They have every incentive to solve this problem.
           | But they won't, not because they don't try, but because this
           | is a problem as old as commerce.
        
             | munk-a wrote:
             | It's a hard problem for a computer to solve - a computer
             | shouldn't be used to solve it... computers were never used
             | to solve it before Amazon because it's clearly a hard
             | problem (and it scales really well with human labor).
             | 
             | Amazon are being a bunch of cheap bastards and skimping on
             | human moderation of product listings - we, as a society,
             | don't need to give them a free pass for trying to make an
             | even more enormous profit. This is only deeply unprofitable
             | to moderate if you have a lot of products listed you're
             | never going to sell any of.
        
               | consteval wrote:
               | This is 100% the problem.
               | 
               | Suddenly we now have a ton of "new" issues cropping up
               | everywhere. Suddenly being last 20-ish years. These
               | aren't "new". They're just difficult to automate with a
               | computer program, and every company is cheapo now and
               | tries to automate everything with a computer program.
               | 
               | This problem doesn't exist at, say, Walmart. Presumably
               | they physically vet products to at least some degree.
        
               | bombcar wrote:
               | Walmart shuffles parts the other way - the barcode will
               | change every year or so or whatever so they can be sure
               | to clearance out the old.
               | 
               | Walmart's online store has some similar problems. But you
               | maybe it $5 to lost a product, $10 to change it, problem
               | solved. Now you can hire real humans.
        
             | LorenPechtel wrote:
             | Users need more ability to intelligently contribute. I just
             | hit this yesterday. 2-star review that was actually
             | entirely about the third party that shipped expired stock,
             | not about the product itself. All I could do is flag the
             | review as "other", no text. (As it was the only review I
             | also reported it under the something wrong with the product
             | which does allow text.) And specifically give us "wrong
             | version", "wrong product" and "seller, not product" flags.
             | And don't reject my review that clearly called out that
             | this isn't the real thing. I didn't simply get a
             | counterfeit, the whole listing was counterfeit.
             | 
             | Abuse problems? Give more weight to squawks by people with
             | a lot of purchases and not a lot of what are found to be
             | bogus gripes.
        
             | crazygringo wrote:
             | It's not hard at all, it just needs moderation. Amazon is
             | absolutely the bad actor because they allow sellers to edit
             | their listings to utterly unrelated items, rather than
             | having moderators reject those changes. It's not hard to
             | prevent a cheap kitchen utensil with 2,000 positive reviews
             | from being edited into an expensive drone.
             | 
             | And while moderating things like social media at scale has
             | a lot of challenges, moderating product pages does not.
             | There are orders of magnitude less of them, and they don't
             | need to change that often.
        
       | onemoresoop wrote:
       | Good intentions by FTC. Unfortunately nearly impossible to
       | enforce. It's almost like FTC banning junk/spam emails. Maybe I'm
       | misunderstanding how this will be enforced and some big players
       | will end up paying large fines. I think Amazon has to get their
       | poop together and fix the comingling product reviews and other
       | ways through their sieve that make this behavior rampant.
        
         | diggan wrote:
         | How is it impossible to enforce?
         | 
         | Bunch of people report Amazon as being rife with fake reviews.
         | FTC puts together some sort of working group that does some
         | research to figure out if it's true. If it's true, they reach
         | out to Amazon telling them to fix it after handing them a fine.
         | After a while, they verify that Amazon implemented sufficient
         | safe-guards against fake reviews.
         | 
         | Sure, it wouldn't get rid of all fake reviews, but surely it'd
         | be better than the current approach of doing absolutely
         | nothing, no?
        
           | onemoresoop wrote:
           | How can you enforce people giving fake reviews for things
           | they bought? Bring the review police? How can you prove
           | they're given free products to review them positively? Don't
           | get me wrong, I wish online reviews weren't utterly broken
           | but it seems like business wants it this way. I certainly
           | hope this will get fixed and not jump to the next loophole.
        
             | consteval wrote:
             | > business wants it this way
             | 
             | Of course they want it. It's purely objective for them and
             | purely deceptive to the consumer. Therefore, it's the
             | perfect thing for the FTC to regulate - I mean this is what
             | their purpose is.
             | 
             | Enforcement will be difficult, but I really think platforms
             | like Amazon isn't the problem. They're a unified platform,
             | it's pretty easy for them to enforce better review. Maybe
             | you need to have actually bought the product, maybe they
             | monitor product descriptions for asking for reviews, maybe
             | they audit packages for those little "review us 5 stars!"
             | slips, maybe they prevent modifying products, etc.
             | 
             | The true tough thing to enforce is little shops. You know,
             | convenience stores, smoke shops, that type. I've been told,
             | verbally, many times that if I review 5 stars, I get some
             | discount. I doubt the FTC will send physical agents to
             | check that.
        
               | onemoresoop wrote:
               | I hope this will work for fixing Amazon. But how about a
               | million other websites with fake reviews?
        
               | consteval wrote:
               | It's hard to bug-squash website by website for sure. They
               | scatter like cockroaches in the light.
               | 
               | But, I think most online buying in the US goes through
               | Amazon and maybe a couple other online retailers. Fix it
               | there and you fixed the problem for 90% of cases.
        
             | bluGill wrote:
             | It isn't hard - you can't get everyone, but find a few
             | influences who you "know" are doing this. Then make them
             | aware they are being investigated - even if you don't have
             | enough evidence to convict that they are aware they could
             | be in trouble will make them stop. Or better yet, tell them
             | you are gathering evidence, but if they cooperate with the
             | investigation you will let them off - then they give you a
             | copy of all the illegal communication trying to buy their
             | good reviews: go after the corporations buying illegal
             | reviews.
             | 
             | Remember you don't need to get everyone doing this. Even a
             | few cases that your get on the nightly news will be enough
             | to stop a large majority of fraud. You just need to get
             | enough that everyone else decides not to do this.
        
       | xmly wrote:
       | Good, but HOW?
        
       | binarymax wrote:
       | Don't worry, a judge in Texas in the pocket of some big company
       | will shoot this down, just like the attempt to abolish non-
       | competes
        
       | nubinetwork wrote:
       | Related
       | 
       | https://news.ycombinator.com/item?id=41911915
        
       | datavirtue wrote:
       | Great, this solves for all the small players. What about big
       | tech. They will just have to ignore this ruling.
        
       | rachofsunshine wrote:
       | If you don't have the time to thoroughly investigate material
       | non-public information before deciding where to have lunch, are
       | you even a responsible consumer? /s
       | 
       | The normalization of blatant lying in business is really
       | frustrating, both as a businessperson and as a member of the
       | public. We (correctly) consider just making shit up for their own
       | benefit a major strike against a person, but we implicitly
       | tolerate it in the companies that run a good chunk of our lives!
       | Hell, in some cases we even celebrate it: "wow, look how scrappy
       | that person is, what a brilliant marketing ploy!" - no, they're
       | just a liar.
        
         | EasyMark wrote:
         | There seems to be a LOT of normalization of straight up lies,
         | made-up-on-the-spot facts, and disinformation the past 6-8
         | years. Caveat emptor seems to be the SOP rather than a reminder
         | to be skeptical. Of course, that's just my n=1 observation.
        
       | alsetmusic wrote:
       | Historic date 2024-10-21: the last time anyone lied in a review.
       | 
       | I'm glad they're trying. It remains to be seen how this'll sort
       | out.
        
         | DrillShopper wrote:
         | People can break laws. By your logic I guess we shouldn't have
         | laws then.
        
           | rs999gti wrote:
           | > People can break laws. By your logic I guess we shouldn't
           | have laws then.
           | 
           | Let me reverse this on you, how much and what type of
           | punishment and penalty should be levied if laws are broken?
           | 
           | Like this false online reviews ruling, how far should
           | punishment and penalty go?
        
             | DrillShopper wrote:
             | > how much and what type of punishment and penalty should
             | be levied if laws are broken?
             | 
             | Depends on the impact of the crime the person was convicted
             | of and how likely they are to do it again.
             | 
             | > how far should punishment and penalty go?
             | 
             | For companies who knowingly solicit or publish
             | fake/compensated reviews: disgorgement of profits and
             | refunds without conditions to everyone who asks. Repeated
             | violations come with escalating fines that are a percentage
             | of revenue (not profits) plus bans on company officers
             | holding the position of officer of a publicly traded
             | company for a number of years.
        
       | BugsJustFindMe wrote:
       | Hopefully this part fixes the Amazon review problem, because it
       | lets them go after Amazon itself...
       | 
       | > _It also prohibits them from ... disseminating such
       | testimonials, when the business ... should have known that the
       | reviews or testimonials were fake or false._
       | 
       | Many of the Amazon fake review practices are extremely in the
       | "should have known" category.
        
       | 6510 wrote:
       | It all seems quite simple to me. Just require an order number and
       | the date of purchase to write a review and require all reviews be
       | publicly available in a machine readable format and that anyone
       | may publish them.
       | 
       | If you pay me I can write the same using 1000 pages without
       | adding anything useful.
        
       | whiplash451 wrote:
       | If the product is fake too, does a fake review count?
        
       | sarajevo wrote:
       | Do you think there will be any impact on sites like HN?
        
       | kazinator wrote:
       | The first thing you have to do is ban USA-based online
       | marketplace companies from hosting foreign vendors. Then you can
       | better regulate what is left.
        
         | bluGill wrote:
         | Or you can hold the marketplace companies responsible for
         | whoever markets on them.
         | 
         | Of course can't hold foreign marketplaces responsible at all -
         | but that is a different loophole we can close (if it becomes a
         | problem Amazon will ensure it is)
        
           | Thinkx220 wrote:
           | Why should a foreign marketplace get the same benefit of the
           | doubt as a domestic market? Especially if those foreign
           | markets belong to countries that are hostile to mine?
        
         | Thinkx220 wrote:
         | Classic Hacker News to complain about the market abusing the
         | public's trust but when someone suggests a government make a
         | change that benefits their own constituents over other
         | countries it's down voted.
        
       | tabbott wrote:
       | I hope the FTC staffs a large office for enforcement on this.
       | There are surely many hundreds of companies in the business of
       | selling fake reviews, many of them outside the US, and I don't
       | expect much change in the consumer reality of "most reviews are
       | fake" without a great deal of investigatory effort tracing money
       | flows to shut these operations down.
        
       | mensetmanusman wrote:
       | Amazonz doooomed
        
       | capital_guy wrote:
       | Amazing all the newfound lawyers in the HN section here pointing
       | out "loopholes" in the rule and then getting corrected by the
       | next commenter.
       | 
       | The FTC continues to do the good, thankless work of making good
       | public policy. I appreciate it.
        
         | 2OEH8eoCRo0 wrote:
         | But did the FTC think about this loophole that I just thought
         | of in three seconds? I am so smart!
        
         | barryrandall wrote:
         | It's almost like they expect the law to be dysfunctional or
         | unevenly applied.
        
         | tqi wrote:
         | Do you expect that a year from now (or two, or however long you
         | think is a fair amount of time to pass), online reviews will be
         | noticeably better/more useful than they are today? I think the
         | underlying thread here is that most people don't expect this to
         | be any more effective than anti-spam or anti-robocalling
         | calling rules.
        
       | EasyMark wrote:
       | I've had decent results with fakespot and not buying anything
       | lower than a B rating, with a very few exceptions (not enough
       | reviews for example). I think with a little digilence my Amazon
       | experience has gotten better the past few years since I don't
       | just buy the first cheapest thing that pops up because I'm in a
       | hurry.
        
       | nottorp wrote:
       | So... wasn't this fraud even before and thus covered in some
       | penal code section?
        
         | bombcar wrote:
         | There's a line between fraud and first they're trying to
         | navigate. Suppressing speech in the USA is notoriously hard,
         | but can be done if targeted narrowly enough.
        
       | notinmykernel wrote:
       | Amazon must be quaking in their boots.
        
       | skeeterbug wrote:
       | This spring our one year old de-humidifier died. The manufacturer
       | would send you a new replacement unit, but first you had to leave
       | a review of the new unit. After the review was submitted, they
       | would send you an Amazon gift card with the replacement value. So
       | the old units that died never get a 1 star, and the new units
       | being "sold" are getting 5 stars.
       | 
       | I guess it is still better than most companies that will find
       | whatever reason they can not to replace faulty equipment.
        
         | crazygringo wrote:
         | You can edit reviews on Amazon. So absolutely go through that
         | process, and once you've spent the gift card, edit your review
         | to 1 star and explain why. Because that's disgusting corporate
         | behavior.
        
       | kebsup wrote:
       | While making an app, I'm learning what other people in the
       | industry are doing. One piece of "advice" is to put AppStore/play
       | store rating dialog in the onboarding. The case studies show that
       | it indeed improves the reviews by a lot, because people simply
       | rate 5 stars just to get through onboarding.
        
       | mk_chan wrote:
       | Officially banning fake reviews to introduce liability is a good
       | start, but the real challenge with reviews is the incentive
       | structure.
       | 
       | For positive reviews, a business will figure out customers who
       | they already know had a positive experience (quick delivery,
       | continuous usage, etc) and only send them invites to review. This
       | is perfectly legal and the fundamental business model of many
       | review websites - selling the ability to push invites and
       | "manage" reviews.
       | 
       | For negative reviews - no business wants these, and customers
       | with bad experiences are likely to post them by themselves.
       | 
       | What gets left out is the average experience because reviews are
       | essentially cherry picked from the head and tail ends of the
       | normal curve of experiences. This doesn't render reviews useless,
       | of course. Having a large number of positive reviews is still a
       | positive signal but it is nowhere close to free from
       | manipulation.
        
         | david422 wrote:
         | When iOS + apps came out, Apple had a system whereby when an
         | app got uninstalled it prompted the user for a star rating and
         | review. Guess who was doing all the uninstalling? People that
         | hated the apps, and app ratings reflected that.
        
       | __MatrixMan__ wrote:
       | I think we ought to be focusing not on whether it was "real", but
       | on whether it was written by somebody that the user trusts (or
       | maybe there are n trust-hops between reviewer and user). That way
       | users have recourse when they're misled: they can revoke trust in
       | whichever connection exposed them to the misleading review.
       | 
       | Eventually the scammers will be isolated such that they're just
       | paying each other to lie to each other, meanwhile the rest of us
       | can be authentic with each other: we need to learn trust hygiene
       | and bake it into our apps.
        
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