Can you say that?

Today many businesses use online reviews and customer testimonials in one way or another. Consumers often rely on reviews to make decisions about where to take their business.  As a business owner, you need to be aware of your obligations when using testimonials and reviews to ensure you do not breach your Association Code of Conduct, Australian consumer law and the National Code of Conduct.

1. Does your Association have a position statement or guidelines in their Code of Conduct on the subject?
   Some Australian Associations prohibit the use of client testimonials. Even though Massage Therapists are not regulated by AHPRA, we still operate under the umbrella of Allied Health, and these regulated health services are not permitted to “use testimonials or purported testimonials about the service or business”⁽¹⁾
    
2. If you do choose to use testimonials, are you aware of your obligations under Australian Consumer Law?
   The ACCC states that businesses that offer incentives to those who write a positive review risk misleading consumers and breaching the CCA.  Business that have offers like “write a review and receive $20 off your next massage” are potentially breaching consumer law.⁽²⁾
   Asking family and friends to write reviews about your business without disclosing their connection is also considered misleading.  They may want to support your business, but a quick Facebook search can reveal their connection to you and the business, and it can do more harm than good.
   Genuine reviews must not create an unrealistic expectation of the service.  Phrases like “miracle worker”, “cured” or “fixed” may create an unreasonable expectation that every client will have the same experience and may gain the same outcome.  Using these exaggerated phrases constitutes puffery⁽³⁾ and must be avoided.
    
3. If you do allow clients to post reviews or testimonials, you need to ensure that they are not biased. Even negative reviews should be permitted to appear. You must also be super careful if you are posting quotes on your website. We can’t name clients, or we may find ourselves breaching the Privacy Act 1988.
    
4. If you receive a negative review, the way you deal with it as a business owner can turn a bad review into a positive. Don’t respond in the heat of the moment.A calm and measured response where you apologize for the bad experience and seek to rectify it can turn an unhappy customer into a happy client. Keep your responses professional at all times.

Remember though, the best reviews are word of mouth.  If your clients are happy, ask them to tell their friends.  A recommendation from a trusted friend always carries more weight than a 5 star google review from an anonymous poster.