Spineless FTC Goes Weak on Astroturfing

Writing astroturf reviews is WRONG, people. Like, OBVIOUSLY wrong.

So you’d think that if you got caught instructing your employees, in sunny yet oh-so-detailed ways, on how to leave fake positive reviews for your products, you would get more than just a slap on the wrist.

Right?

I mean, that’s what happened to the sorry bastards running Lifestyle Lift, who got smashed by the NY AG’s office to the tune of $300K after creating an elaborate scheme of fake microsites and reviews. Dozens of other companies have also paid 5- and 6 figure sums to settle astroturfing complaints brought by regulators.

But for shlepper of high-end beauty products Sunday Riley? Who gave employees a nine-step guide to writing fake reviews on Sephora’s website (you can read it in all of its hyper-specific, fraud-tastic glory here)? They’ve earned merely a stern talking-to and a “please don’t be naughty again” from the FTC.

Timothy Geigner at Techdirt put it best, describing Sunday Riley’s practices as:

really blatant, really fake, and really shady. This was a coordinated attempt to falsely manipulate the review system of Sephora for the purposes of fooling the public into buying more product.

This wasn’t a foot-fault, a naive error, or a single instance of wrongdoing. It was a calculated effort to fool a public that already has a super-hard time staying informed about the rapidly-evolving skincare industry.

But instead of stomping on this, the FTC basically greenlit further wrongdoing. Its settlement with Sunday Riley doesn’t require payment of any money, agreement to any kind of oversight, or even an admission of wrongdoing. While I’m no fan of agency overreach, this is the kind of factual record that screams out for significant punishment – not this kind of “tsk-tsk” nonsense.