The Consumer Review Fairness Act (CRFA) protects consumers’ ability to share their honest opinions about a business’s products, services, or conduct, in any forum, including social media. For example, businesses must comply with the CRFA when attempting to limit or respond to consumer reviews. The Federal Trade Commission (FTC) enforces the CRFA, and believes contracts that prohibit honest reviews or threaten legal action over them harm consumers who rely on reviews when making their purchase decisions—and harm businesses that work hard to earn positive reviews.
In New Jersey, as in all states, the Consumer Review Fairness Act (CRFA) applies, protecting consumers' rights to post honest reviews about a business's products, services, or conduct. This federal law, enforced by the Federal Trade Commission (FTC), makes it illegal for companies to use contracts that bar or penalize customers for posting negative reviews or sharing their truthful experiences online, including on social media platforms. New Jersey businesses must ensure that their practices do not include provisions that violate the CRFA, such as non-disparagement clauses in form contracts that restrict the consumer's reviewing rights. Violating the CRFA can lead to legal action by the FTC, and businesses are encouraged to review their terms of service and contracts to ensure compliance with the Act.