mgream - 11:05 pm on Feb 19, 2003 (gmt 0)

Testimonials, or in fact any sort of related material that is part of inducing people into an agreement, contract or otherwise affects actions or activities that they undertake as a result, really needs to be real otherwise you could be liable in an action for misrepresentation, false advertising or related tort. This isn't really going to happen unless someone complains and takes out a civil action, or requests that relevant authorities step in (and they infact have the resources to step in ...) and take action under statute (I don't know about the US, but the UK has trading standards).

However, as you see with "infomercials", there's nothing that stops people obtaining testimonials under dubious circumstances (i.e. we pay you to come into the studio to review our product and give us your ''objective'' comment, and our accountants will send you your payment in the mail a week later, irrespective of what you say about our product ...).

If it ever does come to proof in court as part of an action, then the you'd be required to substantiate the validity of the testimonials (i.e. show email, produce signed affidavits from the original parties, etc), which may include the parties stating to the court that they provided the testimonials without duress or inducement of any sort.

If you take away the legal dimension, then it's a matter of ethics. Personally, I like good ethics, but sadly a lot of people with good ethics seem to get trampled by those without.
Matthew.