In a ruling dated February 22, 2019 (Ref.: 6 W 9/19), the Higher Regional Court of Frankfurt am Main decided that companies must label customer reviews for which the reviewer has received payment or another benefit accordingly. Failure to do so constitutes an unfair commercial act pursuant to Section 5a (6) UWG(press release of the Higher Regional Court of Frankfurt am Main). As a result, competitors and correspondingly legitimized associations can, among other things, demand the cessation of this behavior.
Regional court initially considers procedure permissible
In this specific case, a competitor initially brought an unsuccessful claim against the advertising company before the Regional Court of Frankfurt am Main (Ref.: 2-6 O 469/18). The competitor complained that the defendant had customer reviews published on the internet without indicating that the reviewers (had) received a pecuniary advantage for doing so. However, the regional court rejected the application for an interim injunction. On appeal, the initially unsuccessful entrepreneur challenged the dismissal and was now largely successful before the Higher Regional Court of Frankfurt am Main.
Consumers expect reviews without consideration
In particular, the court commented on the fact that the target consumer group generally assumes that product reviews are created without consideration. Irrespective of the question of how valuable the content of such reviews is compared to editorial reviews, they are in any case regarded as authentic and not “bought”. Product reviews where it is clear to the public that the reviewer has received something in return are viewed differently by the public. This would then also result in the required commercial relevance of the advertising company’s conduct.
Ban on the publication of “purchased” customer reviews
The court consequently prohibited the advertising company, in deviation from the previous instance, from publishing and/or having published customer reviews written by persons who are paid and/or receive other pecuniary benefits without indicating that the customer reviews were commissioned and that the reviewer received payment and/or another pecuniary benefit in return. In the event of an infringement, the advertising company was threatened with a fine of up to € 250,000.00 or imprisonment.
Companies should urgently point out “purchased” customer reviews
With its decision, the OLG leaves no doubt that “purchased” reviews must be handled with extreme caution. Anyone who uses such reviews in their business dealings should clearly point out to the targeted customers that money or other financial benefits have been received. Otherwise, competitors may take severe measures.
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