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 West Virginia, as in all states, the Consumer Review Fairness Act (CRFA) applies to protect consumers' rights to post honest reviews about a business's products, services, or conduct. The CRFA, a federal law, makes it illegal for companies to use contracts that impose penalties on customers for posting negative reviews or that restrict the ability to post such reviews. This means that businesses operating in West Virginia cannot include clauses in their terms of service that would penalize consumers for writing honest, negative reviews on social media or any other platform. The Federal Trade Commission (FTC) is responsible for enforcing the CRFA, and it aims to prevent businesses from using unfair contract terms to control the narrative around their products and services, ensuring that consumers can make informed decisions based on genuine customer feedback. West Virginia businesses must comply with the CRFA and should carefully consider how they address consumer reviews to avoid violating this federal law.