Did you know that you are breaking the law if you link asking for a review to a gift or sweepstakes?
The courts have ruled several times that asking for reviews in connection with sweepstakes is unfair competition.
If you act "unfairly" in business, you can be sued for damages and for surrender of the profits you made with it. Worse, you may be required to delete all reviews, including those you already had before the sweepstakes promotion.
Why?
- Because the reviews are linked to an economic benefit. The courts already see an economic advantage in the chance to win.
- Because the sweepstakes entices customers to provide positive feedback. This is true even if it is pointed out that the content of a rating does not influence the chances.
According to the Unfair Competition Act (UWG), misleading advertising that can manipulate the consumer is to be prevented in particular and fair competition is to be ensured.
Further specifications and restrictions result from the Heilmittelwerbegesetz (HWG).
Anyone who advertises with health-related statements must comply with the HWG. It does not matter whether the person is a studio operator, personal trainer or sports physician. The only thing that matters is the specific statement.
Anyone who uses certain methods, devices or procedures and also advertises them is subject to the provisions of the HWG. An example would be kinesotapes. Anyone who recommends these to their members must take care not to make any promises of healing or effectiveness.
In addition to all the prohibitions, the HWG also lists advertising measures that are permissible. However, the prerequisite is always that these are not "abusive, repulsive or misleading" .
- For example, customer testimonials and thank-you messages may only be published if the person depicted was actually treated with the method.
- The customer was not paid or otherwise remunerated for the evaluation, i.e. there was no economic interest behind the evaluation.
The success of the treatment or training must not be exaggerated or presented in an undifferentiated manner. It must always be made clear that this evaluation refers to the individual case of this person and is not a general promise of effectiveness for your training methods.
Summarizing statements of several customers areunproblematic , provided that it also corresponds to the truth. Example: "About two thirds of my customers report more flexibility in the neck and shoulder area after only three units.
Also not covered by the prohibitions of the HWG are evaluations that refer to the manner of the training. Example: "Coach Daniel has always adapted the training to my professional situation, which has contributed significantly to the success of my weight loss."
Advertising for you as a gym owner or personal trainer is a tricky matter from a legal point of view, but it is certainly possible and can be implemented with legal certainty.
Further interesting information for gym operators around legal topics can be found here:
Legal tips for fitness studios
Author: Julia Ruch - Attorney at Law
Source: aktivKANZLEI
Image source: #299570842 Robert Kneschke / stock.adobe.com
Published on: 12 April 2023